County Court Claim from Parking Eye Ltd (Home Bargains)

silverchoice

Fruitcake wrote: »

Again, what happened about your complaint to the planning department, your complaint to your MP, and your complaint to the press?

I haven’t done that yet.

How would doing that benefit our case?

The_Deep

How would doing that benefit our case?

It might convince the scammer that it would be in their best interests to cancel.

Coupon-mad

silverchoice wrote: »

Also isn't the main point of the case that they have increased the free parking period from 2 hours to 1.5 hours with no planning permission?

Yes, I'd missed that on this page - as I said, I don't have time to read back!

The change of time limit, without planning permission and/or Advertising consent, is vital to get clear in her Witness Statement, and with evidence, such as a copy of the reply you get (or she gets) to the complaint to the planning department and your complaint to your MP.

Both add weight as evidence to prove they had no permission to reduce the time.

You can also print off this blog about a ParkingEye case where they discontinued when sussed for not having planning permission and/or Advertising consent:

http://parking-prankster.blogspot.com/2016/08/parkingeye-discontinue-two-cases.html

Some good legal arguments there to use in a skeleton argument to assist you in court to speak about why this matters.

Also this case proves time limits can't just be changed (ParkingEye again):

https://www.theargus.co.uk/news/9031524.aldi-fined-for-breaking-law-on-parking-charges-at-portslade-store/

I know about that store and in the end they did change the time limit but only after submitting an application to the Council, twice.

Where the time limit has been changed without Council permission, where the longer time was almost certainly deliberately set to allow locals to use local shops as well as Home Bargains (as it's unlikely to be allowed to be a car park for 'customers only' if it's in town), then you can argue on your Mum's behalf that the change is illegal, thus the signs are void and there can be no contract based upon an illegal act.

silverchoice

Coupon-mad wrote: »

Yes, I'd missed that on this page - as I said, I don't have time to read back!

The change of time limit, without planning permission and/or Advertising consent, is vital to get clear in her Witness Statement, and with evidence, such as a copy of the reply you get (or she gets) to the complaint to the planning department and your complaint to your MP.

Both add weight as evidence to prove they had no permission to reduce the time.

You can also print off this blog about a ParkingEye case where they discontinued when sussed for not having planning permission and/or Advertising consent:

http://parking-prankster.blogspot.com/2016/08/parkingeye-discontinue-two-cases.html

Some good legal arguments there to use in a skeleton argument to assist you in court to speak about why this matters.

Also this case proves time limits can't just be changed (ParkingEye again):

https://www.theargus.co.uk/news/9031524.aldi-fined-for-breaking-law-on-parking-charges-at-portslade-store/

I know about that store and in the end they did change the time limit but only after submitting an application to the Council, twice.

Where the time limit has been changed without Council permission, where the longer time was almost certainly deliberately set to allow locals to use local shops as well as Home Bargains (as it's unlikely to be allowed to be a car park for 'customers only' if it's in town), then you can argue on your Mum's behalf that the change is illegal, thus the signs are void and there can be no contract based upon an illegal act.

The evidence I have for the lack of planning permission is a freedom of information request from the Council where they confirm no planning permission was sought to change the parking time.

Coupon-mad

Good, so put that with the two articles/blogs linked above, as part of the evidence that accompanies Mum's Witness statement. Is she due to file & serve this soon?

silverchoice

Fruitcake wrote: »

Again, what happened about your complaint to the planning department, your complaint to your MP, and your complaint to the press?

At the Council do I need to submit a Planning enforcement complaint form?

silverchoice

Coupon-mad wrote: »

Good, so put that with the two articles/blogs linked above, as part of the evidence that accompanies Mum's Witness statement. Is she due to file & serve this soon?

I’m doing it all on her behalf so I hope to file her evidence soon.

She is 73 and very deaf and is dreading going to court so I hope it doesn’t go that far. Is it worth offering them £50 to settle out of court by email ?

nosferatu1001

Yes, but head it WITHOUT PREJUDICE as you have been told already.

silverchoice

nosferatu1001 wrote: »

Yes, but head it WITHOUT PREJUDICE as you have been told already.

How should I word an offer to settle in my email?

nosferatu1001

Keep it simple. Use your own words. Just a few lines - youre not writing war and peace. Try something!