Updated Success Settled, Myself Taking Parking Eye POPLA or Parking Site owner to court

Terry1931

D_P_Dance said:

From what you have told us, it would appear that, if this went to court, you would win easily.  as no contract could be formed.  Why di you wish to embsrk on such an, imo, harebrained escapade?  

What do you mean please. I want to be the Claimant not a defendant, that way I am in control of events.

Removal of the threat from Parking Eye is paramount.

I can chose mediation as possible solution and I get to chose the Court location.

Terry1931

anyway can somebody please confirm the original question, is the claim against the site owner Welcome Break Holdings or Parking Eye

KeithP

Terry1931 said:

D_P_Dance said:

From what you have told us, it would appear that, if this went to court, you would win easily.  as no contract could be formed.  Why di you wish to embsrk on such an, imo, harebrained escapade?  

I can chose mediation as possible solution and I get to chose the Court location.

If you are an individual, rather than a company, both those options are available to you as a Defendant.

Terry1931

KeithP said:

Terry1931 said:

D_P_Dance said:

From what you have told us, it would appear that, if this went to court, you would win easily.  as no contract could be formed.  Why di you wish to embsrk on such an, imo, harebrained escapade?  

I can chose mediation as possible solution and I get to chose the Court location.

If you are an individual, rather than a company, both those options are available to you as a Defendant.

Thanks Keith, but can you answer the Question, who is my claim against please.

KeithP

Terry1931 said:

KeithP said:

Terry1931 said:

D_P_Dance said:

From what you have told us, it would appear that, if this went to court, you would win easily.  as no contract could be formed.  Why di you wish to embsrk on such an, imo, harebrained escapade?  

I can chose mediation as possible solution and I get to chose the Court location.

If you are an individual, rather than a company, both those options are available to you as a Defendant.

Thanks Keith, but can you answer the Question, who is my claim against please.

No sorry, I am unable to do that.
You need to identify the other party.
As @Umkomaas said earlier...

What is your cause of action (against whichever organisation you decide to sue)?

Coupon-mad

If I was to sue anyone in your shoes, it would be Welcome Break.  You won’t get POPLA or other third parties appearing as witnesses.  

I think you are going about this the wrong way but it if you do it, sue Welcome Break.  They are more likely to settle, are liable for the actions of their agent and they didn’t provide outlets to make payments for staying longer than 2 hours.  They’d have to prove they did, and I think settling your claim would be more likely.

Don’t sue ParkingEye, especially not after paying them.  This is still utterly the wrong approach though and you’d have to serve a letter before claim and properly plead the claim under points of law that show a cause of action. 

Terry1931

KeithP said:

Terry1931 said:

KeithP said:

Terry1931 said:

D_P_Dance said:

From what you have told us, it would appear that, if this went to court, you would win easily.  as no contract could be formed.  Why di you wish to embsrk on such an, imo, harebrained escapade?  

I can chose mediation as possible solution and I get to chose the Court location.

If you are an individual, rather than a company, both those options are available to you as a Defendant.

Thanks Keith, but can you answer the Question, who is my claim against please.

No sorry, I am unable to do that.
You need to identify the other party.
As @Umkomaas said earlier...

What is your cause of action (against whichever organisation you decide to sue)?

Thanks Kieth, but I'm only looking for answers to the question not comments and opinions on my decided course of action.

Terry1931

Coupon-mad said:

If I was to sue anyone in your shoes, it would be Welcome Break.  You won’t get POPLA or other third parties appearing as witnesses.  

I think you are going about this the wrong way but it if you do it, sue Welcome Break.  They are more likely to settle, are liable for the actions of their agent and they didn’t provide outlets to make payments for staying longer than 2 hours.  They’d have to prove they did, and I think settling your claim would be more likely.

Don’t sue ParkingEye, especially not after paying them.  This is still utterly the wrong approach though and you’d have to serve a letter before claim and properly plead the claim under points of law that show a cause of action. 

Thanks I will put Welcome Break Holdings on the MCOL, I did have this in mind.

The claim is quite simple, the signage states payment within the services is possible , at the payment machines or by Phone. 
Paying the £100 charge  is not a problem, it allows me to make the transition to an online counter claim, where I no longer have to wait as a defendant  for Court Letters to drop on my doorstep.

Turning the table on the Parking Operators, making them defendants for a change.

Le_Kirk

Paying the £100 charge  is not a problem, it allows me to make the transition to an online counter claim, where I no longer have to wait as a defendant  for Court Letters to drop on my doorstep.

Except it wont be a counter-claim it will be a claim in its own right.

KeithP

What I should've said earlier is that either party can object to mediation, and if they do, then mediation will not happen.