PCN from Parking Eye at Lee Valley Tennis Centre - Should I go to court?

Coupon-mad

Take them to county court

As I advised in May that you read bargepole's 'Court Procedures' thread...I assume that you have filed & served your OWN WS & evidence in time?

Not talking about the defence, that was just the foot in the door. What evidence have you filed last month and what did your WS say?

The max they can get is what's on the claim, about £175 usually for P/Eye.

BenjaminK

I haven't filed anything - I've been working away recently and only catching up on this now, but too late to file a WS (7 days away)?!

What happens in court if I haven't filed it? Do I have a chance?

Coupon-mad

Take them to county court

Please search the forum for NEVER TOO LATE WITNESS STATEMENT.

Get on with it! You MUST file & serve evidence, what are you doing? The court letter told you this.

BenjaminK

How does this look?

In the Count Court at Clerkenwell & Shoreditch
Claim no. xxxxxxxx
Between
Parking Eye Ltd
And
xxxxxxx

Witness Statement

1. I am xxxxxxxxx, the Defendant in this matter. I will say as follows:
2. On 13th September 2018 at 7pm I visited Lee Valley Hockey & Tennis Centre to participate in a Tennis match with xxxxxx as part of the Local Tennis League I am a member of, I parked my car with vehicle registration plate xxxxx in the car park.
3. Patrons of Lee Valley Hockey & Tennis Centre are granted exemption from parking charges of this car park.
4. Evidence of my patronage is contained in a letter (Exhibit A) from Lee Valley Hockey & Tennis Centre confirming I was playing tennis on this date.
5. Upon receipt of a parking charge notice from the Claimant I supplied them with evidence that I was a customer of Lee Valley Hockey & Tennis Centre, however they have elected to pursue this matter via litigation.
6. It is my position that, under the doctrine of promissory estoppel, the Claimant has not standing, or cause of action, to litigate in this matter.
7. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as allowable pursuant to CPR 27.14.

Statement of Truth

I believe the facts stated in this Witness Statement are true.


Signed


Date

BenjaminK

Is it worth mentioning something about my character in W/S?

ie. 'I'm an upstanding member of the local community, have done volunteering work in the local area, and have made Blood donations.'

Coupon-mad

Take them to county court

BenjaminK wrote: »

Is it worth mentioning something about my character in W/S?

ie. 'I'm an upstanding member of the local community, have done volunteering work in the local area, and have made Blood donations.'

No, not at all. This is not about avoiding looking bad. You did nothing wrong.

Your WS is your chance to also file and serve evidence photos or a video to show that, for example, there is nothing obvious between parking a car and walking into the tennis centre that meets Lord Denning's 'red hand rule' to people unaware of the ipad, to draw their attention to any contract or obligation and penalty relating to its mandatory use.

You only know about it if you already know about it, as the keypad is hidden in a corner/behind the desk, and lots of tennis players have complained (can you show newspaper articles to prove that this is common and not your fault, but the fault of ParkingEye for failing to give 'adequate notice' of the terms)?

This is ALL about the evidence you supply and you know P/Eye have thrown a lot at it!

I don't think promissory estoppel applies unless you can show a 'promise' made that they breached. This is more about a person playing tennis relying upon the fact the parking is free.

Had they recently changed the enforcement there and preciously you knew no such keypad was required? If so, then include in evidence as an exhibit, the paragraph from the BPA Code of Practice that talks about 'additional signs' being needed to fairly draw the attention of users already familiar with a car park, to the new restrictions.

State that it is your position that the Claimant failed in this regard and the keypad was hidden. Unlike in a Pay & Display car park where there are extra signs saying 'PAY HERE' there were no such signs saying 'YOU MUST ENTER YOUR CAR REGISTRATION HERE TO CLAIM FREE PARKING' with an arrow and very clear keypad set up.

Include also a printed page from the Consumer Rights Act 2015 about terms having to be TRANSPARENT and in particular, potentially onerous terms which can work to the disadvantage of a consumer, must be very clear indeed. Say that they have failed the CRA 2015 in this regard.

Also object to the £50 they have added in alleged 'solicitors costs' because ParkingEye have renumerated in-house solicitors who have had no input in any legal advice for this case among the tens of thousands of like for like claims that they handle every year.

Reiterate your #13 and #14 from your defence. Your WS should dovetail with your defence and support it, so don't miss anything out.

Finally, attach a contents page at the front and a COSTS SCHEDULE at the back of the file (see NEWBIES thread for that) and number every page, and number every evidence exhibit.

Email the Claimant's one to enforcement@parkingeye.co.uk and physically take (or get someone to take) an actual paper file in a nice ring binder marked on the front with the hearing date and time and your name as Defendant, to the local court before 3pm today.

BenjaminK

Thanks mate, will get to work on those points..

Coupon-mad

Take them to county court

I am a female 'mate' but no worries!

Prioritise the COURT FILE being dropped off, as the email to P/Eye can be done out of hours tonight.

BenjaminK

Witness Statement

1. I am xxx the Defendant in this matter. I will say as follows:
2. On 13th September 2018 at 7pm I visited Lee Valley Hockey & Tennis Centre to participate in a Tennis match with xxxx as part of the Local Tennis League I am a member of, I parked my car with vehicle registration plate xxx in the car park.
3. Patrons of Lee Valley Hockey & Tennis Centre are granted exemption from parking charges of this car park.
4. Evidence of my patronage is contained in a letter (Exhibit A) from Lee Valley Hockey & Tennis Centre confirming I was playing tennis on this date, and also as a screenshot of my Whats App conversation with my opponent on Exhibit 5 / page 47 of the Claimants Witness Statement and Supporting documents.
5. Upon receipt of a parking charge notice from the Claimant I supplied them with evidence that I was a customer of Lee Valley Hockey & Tennis Centre, however they have elected to pursue this matter via litigation.
6. A person playing tennis at the Tennis Centre, (which charges above average court booking fees) relies on the free parking. (The club is a 15 minute walk from the nearest Public Transport (Leyton Station).
7. Referring to Exhibit 11 of the Claimants evidence, I argue there is no obvious signage directing customers to input their vehicle reg. plate into the Ipad terminal, one would expect clear signage on the reception desk to capture a customers attention, since the venue changed its parking policy in 2016.
8. It is my position that the Claimant failed in this regards and the keypad was hidden. Unlike in a Pay & Display car park where thre are extra signs saying ‘PAY HERE’ there were no such signs saying ‘YOU MUST ENTER YOUR CAR REGISTRATION PLATE HERE TO CLAIM FREE PARKING’ with an arrow and a very clear keypad set up.
9. I refer to the Consumer Rights Act 2015 (Exhibit about terms having to be ‘Transparent’ and in particular, potentially onerous terms which can work to the disadvantage of the consumer, must be very clear indeed. The Claimant has failed the CRA 2015 in this regard.
10. Referring to Points 13 & 14 from my defence, I object to the £50 ‘solicitors costs’ added by the Claimant because Parking Eye Ltd have renumerated in-house solicitors who have had no input in any legal advice for this case among the tens of thousands of like for like claims that they handle every year.
11. I invite the Court to dismiss this claim in its entirety, and to award my costs of attendance at the hearing, such as allowable pursuant to CPR 27.14.

Coupon-mad

Take them to county court

this has progressed to County Court with a date set for 24th Sep

I haven't filed anything - I've been working away recently and only catching up on this now, but too late to file a WS (7 days away)?!

What happens in court if I haven't filed it? Do I have a chance?

Even though you went off piste and this was not a forum-assisted case due to not following the right process, how did you get on?