ParkingEye/Hospital Carpark - County Court Claim defence

Eric9

Hello,

Thanks Coupon-mad for your advice. I will do the Supplementary WS straight away and include the Plain Language Commission Report.  Do you think it would be helpful if I also included two mocked-up A4 ANPR signs to replicate  1) the Trusts' 10mm ANPR sign and  2) PE's  BPA compliant  template 18mm template ANPR sign (as seen as this is the sign shown at the top of this report) to demonstrate the difference to the Judge or would this be 'overkill'.

Thanks D P Dance also for your input.  Where the Stockport case reported in the MEN which you kindly put the link up for on my thread this stated: “If someone understands from the entrance that the car park is free, and is in the mindset that the car park is free, they won't go hunting around for signs that indicate otherwise.”.  This is along similar lines to my case because when the old parking machines were standing at the entrance with hoods covering them and no signs anywhere noticeable, then the carpark users are then of  the mindset that the ticket machines are temporarily out of order, so they wouldn't go hunting around for signs.

Thanks again for all your help.

Coupon-mad

Thanks Coupon-mad for your advice. I will do the Supplementary WS straight away and include the Plain Language Commission Report.  Do you think it would be helpful if I also included two mocked-up A4 ANPR signs to replicate  1) the Trusts' 10mm ANPR sign and  2) PE's  BPA compliant  template 18mm template ANPR sign (as seen as this is the sign shown at the top of this report) to demonstrate the difference to the Judge or would this be 'overkill'.

I think that's OK - add it.  Keep the actual WS short, and state that you are not adding any new evidence that ParkingEye don't already know about but that the appended exhibits assist the court to see that the Claimant's evidence is not as clear cut as they strive to make it appear.

Eric9

Hi Coupon-mad
Thanks so much for clarifying this.  I'll send it off by email today.

Eric9

Hello
I've received a 'Without Prejudice  (Save as to Costs)' letter from ParkingEye offering me to settle for £60.  I've been searching through the forum as I don't want to pay any sum.  I wondered if it would go against me where the Courts were concerned if I didn't reply.  I have prepared a draft email to say 'thanks for your offer, but I don't intend to pay any monies because I maintain that this claim has no basis' or, perhaps a different email, or would I just not reply at all.  I didn't put any costs forward myself as was rushing to get the WS sent off.  I just don't want to look unreasonable to the Judge and would be grateful for any advice.  Thanks again to everyone whose helped me so far.

Redx

If it's without prejudice they cannot reveal it to the court , nor can you

It's a secret offer between the two of you , any without prejudice reply becomes secret too

Eric9

Thanks RedX, that's cleared that one up for me.  I won't reply then.

Jenni_D

Hi - just be aware that the "save as to costs" part means that they can show it to the judge if they win and the judge comes to consider costs. But not before that point. Whether that would go against you or not (if they win) would be up to the judge - it can be argued that rejecting the offer was a reasonable action as the defendant believed there was no claim to answer hence no debt existed. Perhaps you could send a counter-offer (still without prejudice etc.) with a drop-hands offer? (They cancel the claim and both parties bear their own costs - if the claim progressed and you won you'd be claiming your costs, so the drop-hands offer minimises their losses).

Jenni x

Eric9

Thanks Jenni-D for your explanation.  I now understand what I read in other posts and the drop-hands would make this all go away if they were to accept.  Thanks again.

Coupon-mad

Not everyone gets a low offer from ParkingEye, so I suspect if you refuse their offer, they may well discontinue within days (this week). 

So I would reply and refuse and if you want to make a 'drop hands offer; and not pursue any costs, then include that in your reply.  If you don't then simply refuse their offer and tell them you will see them in court.

Snakes_Belly

I think that a drop hands offer can be a good idea. It looks as if you are trying to resolve the issue without court action which might go down well with the judge. It also gets it off your back if they accept.