County Court Claim - ParkingEye- Defence-Wrong Reg?

KeithP

But in post #6 you wrote:

- I will only refer to the Driver and the Keeper as you suggest.

So why are you referring to the driver as anything other than 'the driver'?

If I were the parking company, as I know your name and address it wouldn't take me more than ten minutes to discover the full name and address of the driver. I would then be sending a claim to the driver - much easier to make it stick.

The parking companies are known to read this forum and have been known to try and use posts against the writer.

Rusty_Rawplug

In post #6 I was referring to my draft defence but didn't appreciate they would/could tenuously link it back from posts threads on a forum but I bow to your knowledge and experience

Coupon-mad

Due to this:

-The driver believes she entered the correct registration number before she watched the film after being advised by the cinema ticket sales person when she purchased the ticket.

If ParkingEye have identified this and DID NOT OFFER TO SETTLE FOR £20 OR SO, PRE-COURT, then include in your defence that the Claimant is in breach of its Trade Body's 2020 Code of Practice that protects drivers in 'keying error' cases.

Google it, or read the new BPA CoP as posted on at least 2 threads.

Yes it's a new change. Yes the PCN pre-dates it, but SO WHAT?

P/Eye are the largest AOS member and knew in the pre-action phase in 2019, that this change to the CoP was coming, and the CoP now says that AOS members are expected to offer £20 to cover the (very insignificant) costs before claims are issued. In this case no time was expended on appeal or POPLA, so the only minor expenses before court claim stage were well under £20 (£2.50 DVLA fee and a few quid for 4 template letters).

Read the new CoP and use it and shame P/Eye for at the very least, paying no regard to the new CoP before filing this new year claim.

And then you can paint that as a breach of the Consumer Rights Act 2015:

http://www.legislation.gov.uk/ukpga/2015/15/part/2/enacted

What are the general rules about fairness of contract terms and notices?
62Requirement for contract terms and notices to be fair
(1)An unfair term of a consumer contract is not binding on the consumer.
(2)An unfair consumer notice is not binding on the consumer.
(3)This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.
(4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.
(5)Whether a term is fair is to be determined—
(a)taking into account the nature of the subject matter of the contract, and
(b)by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends.
(6)A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer.
(7)Whether a notice is fair is to be determined—
(a)taking into account the nature of the subject matter of the notice, and
(b)by reference to all the circumstances existing when the rights or obligations to which it relates arose and to the terms of any contract on which it depends.

Rusty_Rawplug

Spot on, really helpful. Many thanks!

Fruitcake

For crying out loud, go back and edit your posts where the identity of the driver has been revealed. In every instance ONLY refer to The Driver or The Keeper.

Do not mention any relatives! The Driver parked. The Driver entered their VRM. The Driver was a customer at the Oscar Deutsch cinematic emporium.

Parking scammers read this forum.

Rusty_Rawplug

For crying out loud, I already did, even my #1 post!!!

Rusty_Rawplug

KeithP wrote: »

Start as you mean to go on.

Perhaps the immediately preceding sentence should read:

-The driver believes she entered the correct registration number before she watched the film after being advised by the cinema ticket sales person when she purchased the ticket.

Can you edit your post KeithP????

KeithP

Rusty_Rawplug wrote: »

Can you edit your post KeithP????

Why?

It is a sanitised version of your similar sentence in post #6 - which still needs your attention.

Rusty_Rawplug

What about now??!!…………………...

Redx

Rusty_Rawplug wrote: »

For crying out loud, I already did, even my #1 post!!!

read post #6 again

its obvious to me who the driver was and their relationship to the defendant


you need to improve if you think you can win a court case, not being the driver wont help you if PE complied with POFA , a 7 year old law