Parking Eye County Court Claim filed - Payment Made but no reciept given by PADM

Coupon-mad

I'd remove #5 and #6 as the first one doesn't help you and the second one doesn't really apply.

I'd alter this as shown:

11.       The Claimant’s signs have vague/hidden terms and a mix of small font, such that they would be considered incapable of binding any a person reading them under common contract law, and would also be considered void pursuant to Schedule 2 of the Consumer Rights Act 2015.  Consequently, it is Defendant’s position that no contract to pay an onerous penalty was seen, known or agreed.  The Defendant paid in full for their parking time, and more, and cannot understand the Claimant's case unless they have been unable to match the two payments made, despite the fact that this Claimant routinely boasts of carrying out '19 manual checks' before issuing any parking charge notice by post.  It is the Defendant's position that the Claimant has overlooked one or both payments made and they are put to strict proof of any breach of a term as advertised.

chijiokeike

Thanks @Coupon-mad.

I have amended the defense with your suggestions and will be submitting in the morning via email.

There are a couple more facts in relation to this case I was wondering if I should include at this defense stage or just waiting till the court date.

a) My wife had used same care park a month earlier (from PCN issue) and made payment via the PADM and this worked fine at the time.

b) The ANPR CCTV actually points directly at the PADM, which is next to the entry/exit, so a simple review of it would have showed her making payment.

c) The two signs that mention the £100 are not on entry/exit to the car park, but right at the back well above eye level and one in the outside of the car park, which is no use if you are already inside.

Again advise appreciated.

KeithP

Redx said:

Ps , there is no S in defence 😜😜. Change your keyboard to UK English

KeithP said:

It's been mentioned before... there is no letter 's' in the word Defence.

Not the biggest issue, except that not only do you continue to misspell it on this forum, you have now repeated that mistake in your Defence document.

chijiokeike said:

KeithP said:

It's been mentioned before... there is no letter 's' in the word Defence.

Not the biggest issue, except that not only do you continue to misspell it on this forum, you have now repeated that mistake in your Defence document.

Ha, good spot. I used Grammarly to spell check. That will teach me.

chijiokeike said:

I have amended the defense with ...

And still you are misspelling that word.

Your spell checker is obviously failing you.

Coupon-mad

ANPR isn't CCTV footage and doesn't show people at machines.

chijiokeike

Just an update.

Following filing of defence and submitting N180 form, I have now received a Notice of Transfer of Proceedings to my local court, which is the court I requested. 

Just wondering if there is anything worth doing at this stage, or just wait for them to request witness statements?

Le_Kirk

You could start your witness statement writing and evidence gathering whilst it is fresh in your mind.

Umkomaas

Do you have a date for your hearing?

chijiokeike

Hi,

Currently writing my witness statement. Got a couple of questions.
a) Parking Eye's statement has just come through and they have provided the Land owner's details finally after having withheld it throughout the appeal process. Is it still worth contact thing the landowner at this stage.
b) They have put forward LPC law to represent them. Can I put myself forward to represent my Mrs.? If so what do I need to do to request this with the court
c) Parking Eye has agreed to mediation first before the court date in March. I did not expect them to TBH, but now they have do I need to do anything differently to what am already preparing for the court case.

I will post a redacted copy of my witness statement here tonight once it's complete. I just want to check its still okay to get opinions on it. I understand none of this is legal advice BTW. 

Le_Kirk

If this claim is in your wife's name she must defend the claim, i.e she must be present either in court or for a video or telephone hearing but you can be her Lay Rep (ask Auntie Google) you do not need to do anything beforehand but it sometimes help matters run smoothly if the court knows.  From your post I assume you have a court date and that you will have completed a DQ (N180) form in which you declined mediation.  By all means post your witness statement for comment.

chijiokeike

Le_Kirk said:

If this claim is in your wife's name she must defend the claim, i.e she must be present either in court or for a video or telephone hearing but you can be her Lay Rep (ask Auntie Google) you do not need to do anything beforehand but it sometimes help matters run smoothly if the court knows.  From your post I assume you have a court date and that you will have completed a DQ (N180) form in which you declined mediation.  By all means post your witness statement for comment.

Thanks, @Le_Kirk. We have a court date and we opted for mediation, but given how litigious and bullish parking eyes have been, I did not expect them to agree to mediation as well. I am listed as a witness for my wife, will it be an issue if am a witness and also her Lay Rep? How do we notify the court of intensions to be the Lay Rep?