County Court Claim from Parking Eye Ltd (Home Bargains)

twhitehousescat

well the is no defense as such , this was one of the reasons that home bargains hired PE , to stop non shoppers simply parking up and going elsewhere

silverchoice

Part of the evidence they have provided are photos of her car entering the car park and leaving the car park.

Here is a photo of one of the signs in the car park.

Redx

well , it does clearly state "For use by Home Bargains customers only"

the driver needs to learn that you cannot just park up "where you like" on private property and wander off into the town centre unless the landowner and signage give permission to do so, so I sugegst the driver is told to not do it in future , lol

you are up against a tough cookie in PE , becasue they took the BEAVIS-WARDLEY case on and Beavis lost in 3 courts , the last being the Suipreme Court

so if the defendant is going to win this, it has to be on a legal technicality, so check all the technicalities and see what can be the best legal arguments

start with the concise defence by BARGEPOLE if you are struggling, and adapt it , but I wouldnt be implying that the defendant parked up on a private car park and wandered off into town


and if PE adhered to POFA , then the keeper is liable regardless , plus they will cite BEAVIS as its an SC ruling which they actually obtained

KeithP

Another suggestion might be that that is a forbidding sign.

In other words, if you are not a customer of Home Bargains, then there is no offer of parking at all.

twhitehousescat

KeithP wrote: »

Another suggestion might be that that is a forbidding sign.

In other words, if you are not a customer of Home Bargains, then there is no offer of parking at all.

"For use by Home Bargains customers only"

ok its trespass

Redx

in which case PE cannot sue for "trespass" and there was no offer of parking to non-customers of Home Bargains (who are probably not the landowner anyway)

this may be the one and only real argument here, although the usual issues of no landowner authority , forbidding signage (and inadequate signage) etc should all be brought into it as well


so its not that she "parked too long" as alleged in post #1 , its that there was no offer of parking to a non-customer (no free 90 minutes) so the driver was trespassing on private land

silverchoice

Redx wrote: »

in which case PE cannot sue for "trespass" and there was no offer of parking to non-customers of Home Bargains (who are probably not the landowner anyway)

this may be the one and only real argument here, although the usual issues of no landowner authority , forbidding signage (and inadequate signage) etc should all be brought into it as well


so its not that she "parked too long" as alleged in post #1 , its that there was no offer of parking to a non-customer (no free 90 minutes) so the driver was trespassing on private land

If she was trespassing what does that mean?

twhitehousescat

silverchoice wrote: »

If she was trespassing what does that mean?

possibly a £1 "compensation" if taken to court (by the landowner) , PS Parking eye are not allowed to pass your details to them

Redx

silverchoice wrote: »

If she was trespassing what does that mean?

same as it does for any trespassing case

the person is on the land without permission of the landowner , therefore the landowner could sue them for trespassing

the driver did not "overstay" because they werent a shopper in Home Bargains (but they would have overstayed had they been a shopper in Home Bargains for the duration) - so the allegation made in post #1 is simply not true

there was no permission to park for anyone who is NOT a shopper in Home Bargains, ergo the driver was trespassing by leaving their vehicle on that site for more than 10 minutes allowed in the BPA CoP , clause #13

Coupon-mad

silverchoice wrote: »

Yes. It’s in a town centre !

See if you can find the Planning Permission for that car park on the Council website or by randomly Google searching and digging for info.

P/Eye have 'form' for putting such signs up when the Council Permission does NOT allow the store to restrict parking for customers. In Portslade near Brighton, a few years back, ParkingEye put a sign up saying 'Aldi customers only'. It lasted about a week because another poster here reported them to the Council Planning Dept (the car park was also for local shoppers as is often the case).