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

Terry1931

Le_Kirk said:

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.

Attack is the best form of Defence, I dont see why I should defend myself when I can do both... defend and attack... as a Claimant for recovery of the charge.

Terry1931

KeithP said:

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

I'm not bothered if they decline mediation, it never goes down well in court.

I'm pretty sure that it will be a unique experience for The Parking operator to have the summons for a change...see how they like it and if they can be bothered to defend it.  

Terry1931

As mentioned earlier, I do not dispute the £15 parking charge, I dispute that I was unable to pay it at the site, due to the method of payment stated not being provided .

To Apply a £100 parking charge is in breach of the terms and conditions. Since they will not accept the Payment Of £15, my only means not to breach the terms and conditions on my side is to pay the amount demanded but reclaim the difference in Court. 

KeithP

Terry1931 said:

KeithP said:

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

I'm not bothered if they decline mediation, it never goes down well in court.

Make your mind up.

You said earlier...

Terry1931 said:

I can chose mediation as possible solution...

Terry1931

KeithP said:

Terry1931 said:

KeithP said:

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

I'm not bothered if they decline mediation, it never goes down well in court.

Make your mind up.

You said earlier...

Terry1931 said:

I can chose mediation as possible solution...

I have made up my mind, I think you are mis interpreting what I have written.


Anyway the point of this Post is to indicate that the tables can be turned upon them, see how they like it.

Terry1931

Welcome Break Pay Parking Eye to farm Parking fees, Parking Eye will take matters as far as they dare wish.

However a claim and the management of that claim and its associated costs and time  against Welcome Break will not be within the contract that Welcome Break may have with Parking Eye

So Welcome Break will be on its own, they will have to ask Parking eye to appear as a witness to the claim. 

patient_dream

I agree with Coupon-mad, if you are to do this then Welcome Break is your first step.

Barry Beavis in the famous supreme court case of Parking Eye is worth reading
Barry's case was lost in the county court. It progessed to a higher court where he won yet PE progressed it further and he lost.
In hindsight, if Barry sued the landowner of the retail pak, things might be a lot different

In those days, PE threw money at it, with covid and the now desperation of parking companies, unsure if they have the funds now.

You want your question answered ...

Suing Welcome Break for employing a company who ignores government advice
"TAKE A BREAK"

Welcome Break will not want bad press as they rely on the motorist 

Do watch this video

https://www.youtube.com/watch?v=TSLjI7IeTOE

Umkomaas

Barry Beavis in the famous supreme court case of Parking Eye is worth reading
Barry's case was lost in the county court. It progessed to a higher court where he won yet PE progressed it further and he lost.

Even though my memory isn't great at times, I'm pretty sure I don't recall any 'win' along the way.

Coupon-mad

Terry1931 said:

Welcome Break Pay Parking Eye 

They don't.

I'm pretty sure that it will be a unique experience for The Parking operator to have the summons for a change...see how they like it and if they can be bothered to defend it.  

They won't be appearing or affected; your defendant is WB.

patient_dream

Umkomaas said:

Barry Beavis in the famous supreme court case of Parking Eye is worth reading
Barry's case was lost in the county court. It progessed to a higher court where he won yet PE progressed it further and he lost.

Even though my memory isn't great at times, I'm pretty sure I don't recall any 'win' along the way.

did he not win in the court of appeal ?