Discontinuance email received from Parkingeye

45mip19lot

Hi,
I was due to attend court on the 4th October in order to defend a case brought by Parkingeye, but since sending my WS to them last week, I have received an email stating that they are discontinuing the claim.
May I ask what happens next? and can I claim for the expenses that I have incurred so far (car parking, mileage, postage etc)?

Umkomaas

Was this a claim made by PE themselves, or via a third party solicitor, in particular, DCB Legal?

You should receive a N279 (Notice of Discontinuation) from the court. Until you receive this, you should not fall asleep on it, work on the basis that it's going ahead until receipt of N279. Unlikely there'll be any problems, but just an 'in extremis' heads up. 

Unless the discontinuation is within 7 days of the hearing date, then, I'm afraid there's no prospect of any claim for costs, and even if within 7 days, it's not guaranteed. 

Coupon-mad

Yay! 

ANOTHER PARKINGEYE ONE BITES THE DUST!

Please show the NoD if this was an email from DCBLegal as @Umkomaas has an important thread of evidence, counting them from that solicitor.

45mip19lot

This was an email sent to the courts from Parkingeye, cc to me.

Our WS were due into the court by 16:00 on July 12th. I got mine in on time, but PE didn't submit theirs to me or the court until the 8th August.

I waited until after 6th September, when PE needed to pay the court in order to continue with the claim, then I sent my WS to them around the 20th September.

Yesterday, 25th September they emailed myself and the court an addition to their WS which contained a  heavily redacted copy of their contract with Portsmouth University. Shortly afterwards, they sent another email to the court requesting the discontinuance.

I strongly believe that once they had read through my WS, they agreed with me that their signage was seriousl flawed and do not want it to go to court.

45mip19lot

For the benefit of others on this Forum that might be at loggerheads with Parkingeye regarding the PortsmouthUniversity car parks, here is the sign in question.



Do you agree with me?

I was charged with the driver not purchasing a ticket for time spent in the car park around the time of 13:40 - 14:37 on a Friday afternoon.

According to the sign above, between the hours of Monday 6am to Friday 6pm, it is permit holders only, hence the driver could only be charged with tresspass as he didn't have a permit.

The Tariffs above are only applicable from 6pm on Friday until 6am on Monday during the weekend, and from Monday to Friday 6pm until 6am the next day. All tariffs expire at 6am.

In my opinion it must have been something as serious as this that made them pull the plug.



.

Coupon-mad

Do you agree with me?
I was charged with the driver not purchasing a ticket for time spent in the car park around the time of 13:40 - 14:37 on a Friday afternoon.

According to the sign above, between the hours of Monday 6am to Friday 6pm, it is permit holders only, hence the driver could only be charged with tresspass as he didn't have a permit.

The Tariffs above are only applicable from 6pm on Friday until 6am on Monday during the weekend, and from Monday to Friday 6pm until 6am the next day. All tariffs expire at 6am.

In my opinion it must have been something as serious as this that made them pull the plug.

Totally agree.

There was no 'relevant obligation' to pay a tariff during the day, so they must have spotted that at the last gasp, when preparing for the hearing, kicked themselves and thrown in the towel.

Please can you also post the heavily redacted contract as that will really help others too.

45mip19lot

Coupon-mad

What format should I use in order to post the contract? I have tried PDF and ODF but it will not let me.

Coupon-mad

You can only screenshot pictures.

Or host the file in Dropbox and give us a Dropbox shared link.

45mip19lot

Dropbox link to the Parkingeye contract

https://www.dropbox.com/scl/fi/vm1ptwz4pjhyw0xd5rgdu/Parkingeye-contract-Mildam.pdf?rlkey=ay0r3uq1d7d9l5a610gico9y7&st=vpxnnzkw&dl=0

Umkomaas

45mip19lot said:

Dropbox link to the Parkingeye contract

https://www.dropbox.com/scl/fi/vm1ptwz4pjhyw0xd5rgdu/Parkingeye-contract-Mildam.pdf?rlkey=ay0r3uq1d7d9l5a610gico9y7&st=vpxnnzkw&dl=0

Mammoth-sized contract (80+ pages). Compare that professional approach to some of the 1-side of spelling error-infested, A4, hand filled, templates - so often seen from some of our fly-by-nights!

Predictably all the 'juicy bits' are redacted. Para 22 'Anti-Discrimination' worth a quick glance, covering, as it does, equality legislation issues.