County Court Claim from Parking Eye Ltd (Home Bargains)

Umkomaas

silverchoice wrote: »

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.

https://www.whatdotheyknow.com/request/parking_limit_at_home_bargains_c

silverchoice

Umkomaas wrote: »

https://www.whatdotheyknow.com/request/parking_limit_at_home_bargains_c

That's the one.

silverchoice

nosferatu1001 wrote: »

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

"WITHOUT PREJUDICE



I am willing to pay £50 to settle this dispute out of court."


Is that enough?

silverchoice

Do I need to give them a deadline to accept the settlement?

nosferatu1001

Well that would help give you some certainty.

Coupon-mad

I wouldn't make any offer, but if she must, why not list why the claim has no merit and attach the proof of no planning & advertising consent? i know the WS already includes this but why not tell them how it is and encourage them to settle?

No giving her phone number. Don't let them phone her & persuade her to pay.

I hope you also printed off the 2 links I gave you which help show why not having advertising consent and not getting consent to change the time allowed for parking is significantly in breach of local Council regs and subject to a fine?

It's just that if this goes to a hearing, the PPC will pretend the lack of consent is nothing important, and your evidence needs to show a Judge it is, and the change was illegal.

silverchoice

Coupon-mad wrote: »

I wouldn't make any offer, but if she must, why not list why the claim has no merit and attach the proof of no planning & advertising consent? i know the WS already includes this but why not tell them how it is and encourage them to settle?

No giving her phone number. Don't let them phone her & persuade her to pay.

I hope you also printed off the 2 links I gave you which help show why not having advertising consent and not getting consent to change the time allowed for parking is significantly in breach of local Council regs and subject to a fine?

It's just that if this goes to a hearing, the PPC will pretend the lack of consent is nothing important, and your evidence needs to show a Judge it is, and the change was illegal.

Should I include the two links in my email to Parkingeye ?

silverchoice

Here is my first draft of the email. Any comments would be appreciated.


"
WITHOUT PREJUDICE


I am willing to settle this case before going to court.


I have a freedom of information request reply from the council confirming there has been no planning permission to reduce the free parking period from 2 hours to 1.5 hours (see attachments).



I have evidence that ParkingEye has already withdrawn two claims, one in Bury and the other in Cambridge where the following defence has been used (see attachment).



The defence centres on ParkingEye’s failure to obtain planning permission and advertisement consent and that no man should profit from his crime; it being a crime not to have advertisement consent.


I also have a newspaper article about Aldi being fined for changing free parking time without planning permission."

Umkomaas

Are you going to make an offer at this stage, or is this just a 'tracer' to see if they're interested? If the latter, I would anticipate them saying they are prepared to settle at £150 (or similar high amount).

I'd make the amount you're prepared to settle at clear from the outset (first offer, keep a bit of room to up it if it's not first accepted). We've seen them settle at around £60.

silverchoice

Umkomaas wrote: »

Are you going to make an offer at this stage, or is this just a 'tracer' to see if they're interested? If the latter, I would anticipate them saying they are prepared to settle at £150 (or similar high amount).

I'd make the amount you're prepared to settle at clear from the outset (first offer, keep a bit of room to up it if it's not first accepted). We've seen them settle at around £60.

I will offer them £60. What time limit should I give them if any?


Is there anything else to change in the email?