Parking Charge Notice: Parkingeye, Sainsburys Eltham

busymerchbee73

thank you @Coupon-mad.  I got it through googling, but now realise that it never went to court - the BBC reported Rosey Hudson case.   Is that too weak to include in my defence, as there aren't factual reasons why Excel dropped the case...?  Or can we assume?

Coupon-mad

Oh you mean Rosey Hudson!  Yes we know that case and you can use the BBC article.

busymerchbee73

Thank you so much for your reply.  I'm sending off my final version in the morning.  Thanks for all your help.

busymerchbee73

one last question (I hope!).....  I'm written in my defence and WS that  "The original PCN was for £100. The Claimant is now seeking an additional £70 in “debt recovery” fees. As confirmed in Excel Parking Services Ltd v Wilkinson (2020) (Exhibit 6) such inflated sums are unlawful and unenforceable.  The attempt to add them here is directly comparable to the conduct criticised in that case. "

Happy with this point, but I'm confused why I've put £70...?  They are seeking £210, which is £100, plus £25 over inflated fee, £35 court fee (but this is £27!) and legal rep £50...... so why did I put £70?  Would it be correct for me to say £110 instead of this £70?  Please advise, I'm at the point of not being able to think straight.

Coupon-mad

busymerchbee73 said:

I'm confused why I've put £70...?  They are seeking £210, which is £100, plus £25 over inflated fee, £35 court fee (but this is £27!) and legal rep £50...... so why did I put £70?  Would it be correct for me to say £110 instead of this £70? 

No, your case needs to say 'additional £25'.

busymerchbee73

Great, thank you.
Where in the pack should I place my costs assessment? After Exhibits, or after WS, or separately?

Coupon-mad

Separately as a PDF page.

busymerchbee73

ANOTHER ONE BITES THE DUST!  After submitting my witness statement this week, I've just had an email from ParkingEye with notice of discontinuance for their claim! Yipppeeeeeeeeeeeeee!  I am so pleased!

Thank you to everyone on this forum for your help with this, especially @Coupon-mad for answering all my questions.  I struggled with this and many times felt like giving in, but I kept on believing that I hadn't done anything wrong and didn't want these cowboys to win.  It's hard to persevere at times, but it's worth it. 

busymerchbee73

Here's a dropbox link to my redacted Witness Statement if anyone wants to view. 

https://www.dropbox.com/scl/fi/2ijna007ttidfvy1ka1hg/Witness-Statement-redacted.pdf?rlkey=9n6mc6i7ywcupiuc9vo03ogbe&st=qpmvz7xg&dl=0

Coupon-mad

busymerchbee73 said:

Here's a dropbox link to my redacted Witness Statement if anyone wants to view. 

https://www.dropbox.com/scl/fi/2ijna007ttidfvy1ka1hg/Witness-Statement-redacted.pdf?rlkey=9n6mc6i7ywcupiuc9vo03ogbe&st=qpmvz7xg&dl=0

Really helpful, thanks.

Yours and the one I linked you to by @Feyla are great resources as good examples of a WS. Yours being specific to ParkingEye and the added £25.

And congrats!

ANOTHER ONE BITES THE DUST!

  

Your efforts were worth it. All this over a trip to Sainsbury's. This should not be legal. Get your own back because this month, we need you:

PLEASE bookmark this thread below and do the government's Public Consultation if you haven't done it yet.

Their proposals are wrong. We must stop them.

See this thread: -

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We need every poster to come back & complete this vital Consultation before the deadline! Just 2 weeks left but please don't rush it. You can do some then save it and come back to it as you have time.

We understand that you may need some pointers. It looks laborious, we get that.

So to try to help, I've written some guidance on that thread.

Any questions on the Consultation please ask - on the dedicated thread - but I've covered up to question 20 already in that first post, openly telling everyone what I'm going to put and/or what sort of evidence you might wish to use for your response, if you agree with what we'll be saying from our experience.

Whilst your answers must of course be your own, there are vital points to safeguard motorists interests to make, that many people may not think of without our guidance because we see cases every day and we know the legal background. 

However, people like you have lived & breathed the intimidation, greed and unfairness first hand so your voice is needed!