Defence sent - Updates coming

iloveparkingeye

I would say it probably is a scam - but sadly a kind of legally enforceable one. My worry is I’ll end up losing and just end up paying more later.

Redx

you wont lose any extra cash as long as you pay up promptly, definitely within one month , IN FULL


preferably on the way out or soon after, or as soon as the judgment arrives, but deffo in less than one month to get any CCJ expunged

iloveparkingeye

Thank you!

This is also very very helpful!

So it sounds like there is no reason not to submit a defence then.

iloveparkingeye

Thank you all very much. I’ll probably get drafting and met you know the outcome

Redx

if they passed the POFA test then you need to win on a technicality, such as no landowner authority , signage issues , BPA CoP failures etc

if it was a free car park then they will trot out the BEAVIS case

if they passed POFA then its pointless arguing about not being the driver

be sure of what your defence is and why , or try to settle with them for a lower figure beforehand, ie:- before they have to pay the court fee for your local court


they do this thing regularly, thousands of times a year, so dont try and be clever about it , decide what your defence is or was and if its flimsy or you dont have one , then an out of court settlement is best

iloveparkingeye

So the main issue was - and this is quite weird.

The car park is outside another hotel, literally a 10 second walk. But the hotel that apparently owns and uses it, is a few kilometres away somewhere else.

The other hotel also has a car, but it’s not really clear at all - and the thought was that this car park belonged to the hotel it was outside of.

There is literally no signage apart from:
-apparently it says it on the pay and display machine: but the lot is dual use. It’s pay and display, but free to those using the hotel.
-and some very old wooden signs that are not illuminated at night which was when we went

I think if I go and take some pictures on Sunday/Monday - I should potentially be able to make a good argument.

iloveparkingeye

Also I have a slight issue over semantics.

I wasn't the driver on the day, I told them who the driver was in order to try and go back to the appeal stage. But this isn't work.

So I'm worried about using Defendant and Driver as interchangeably. I wonder if anyone could tell me if this is a problem?

The_Deep

Parking Eye signs are rubbish, read this and add a paragraph to your defence.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Also I have a slight issue over semantics.

I wasn't the driver on the day, I told them who the driver was in order to try and go back to the appeal stage. But this isn't work.

I might work with a judge.

WRT the hotel not being helpful, write bad stuff on thAlso consider complaining to your MP.e Facebook page, TripAdvisor, website etc.

also consider complaining to your MP as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

iloveparkingeye

The_Deep wrote: »

Parking Eye signs are rubbish, read this and add a paragraph to your defence.

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

Also I have a slight issue over semantics.

I wasn't the driver on the day, I told them who the driver was in order to try and go back to the appeal stage. But this isn't work.

I might work with a judge.

WRT the hotel not being helpful, write bad stuff on thAlso consider complaining to your MP.e Facebook page, TripAdvisor, website etc.

also consider complaining to your MP as nine times out of ten these tickets are scams.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

I've added the word driver in place of where it would make sense, so hopefully that will work.

Seems as though the general feeling on the thread is that the terms are too small to actually read unless you have your microscope handy? Seems to be the case! I'll include a line

iloveparkingeye

Redx wrote: »

if the defendant lost , and if PE have claimed around £175 in total, then that total is the judgment unless the judge saw fit to alter it up or down for some legal reason, so usually its the figure on the claim

they may allow you to negotiate a without prejudice settlement

you do not have to attend court, but its usually wise to do so

a papers only hearing is possible, long as you inform the claimant and the court beforehand

attending court is NOT mandatory , but is preferred

This might seem dumb, but at what point do you request a papers only hearing? And how?