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Parkeye Court summon and hearing date from court
ih8parkingeye
Posts: 21 Forumite
Hello all
I am hoping some of you might be able to give me some guidance on how to defend this court hearing, long story short, Parkeye issued me a fine £100 for overstaying at a retail car park, I ignored them until letter from small claims court, which i used this wesbite to defend the claim all sent back to the small claims court with the following main points to defend the fine issued to me, and stated that i refused to pay,
1. Contract with landowners + right of audience to claim losses
incurred by the landowner + the right to represent in audience of
litigation of the person representing parking eye in relation to
the actual landowner, does this court grant right of audience .
2. proof of claim not substantiated and failure to mitigate any
claimed loss by failure to recommend arbitration.
3. ANPR - whether Admissible in any court as it does not meet VCA
(vehicle certification agency) standards required by all local
authorities to be presented as evidence when using ANPR equipment
as evidential use in court, all statutory bodies using ANPR
equipment must adhere to VCA protocol, does the court accept
evidence from non approved devices as correct and what checks are
in place by anyone to ensure this equipment is accurate as an
instrument for the production of court evidence .
4. LBA -Practice Direction on Pre-action Conduct incorrectly
administered.
5. Prove Actual loss incurred by submitting copies of certified
accounts of the company equating to takings and actual expenses
allowed by HMRC as running costs, no profit should exist where a
loss is claimed
6. Unenforceable penalty clauses in contract law and incorrect
application and joinder of a contract applied to a third party
without consideration and acceptance by both actual parties of
formulation of any contract, can a contract be administered from
one party to another without due consent or sight of that contract
by the third party.
I refuse to give money to these idiots. with that defense, PE sent me back with a 30 / 40 page letter outlining their contract with the retail park along with all the rest of the evidence with photo of my car etc, it's almost like i have committed a crime and the letter is written that this is a debt I owe parkingeye.
Parkeye is going through with proceedings and the court date is now set 8th Nov 2018.
Pease can someone give me some advice on how I go about defending this case in court, I do not want to give these **** a penny of my money.
Hope you all can give me some good advice and how to beat parking eye!
I am hoping some of you might be able to give me some guidance on how to defend this court hearing, long story short, Parkeye issued me a fine £100 for overstaying at a retail car park, I ignored them until letter from small claims court, which i used this wesbite to defend the claim all sent back to the small claims court with the following main points to defend the fine issued to me, and stated that i refused to pay,
1. Contract with landowners + right of audience to claim losses
incurred by the landowner + the right to represent in audience of
litigation of the person representing parking eye in relation to
the actual landowner, does this court grant right of audience .
2. proof of claim not substantiated and failure to mitigate any
claimed loss by failure to recommend arbitration.
3. ANPR - whether Admissible in any court as it does not meet VCA
(vehicle certification agency) standards required by all local
authorities to be presented as evidence when using ANPR equipment
as evidential use in court, all statutory bodies using ANPR
equipment must adhere to VCA protocol, does the court accept
evidence from non approved devices as correct and what checks are
in place by anyone to ensure this equipment is accurate as an
instrument for the production of court evidence .
4. LBA -Practice Direction on Pre-action Conduct incorrectly
administered.
5. Prove Actual loss incurred by submitting copies of certified
accounts of the company equating to takings and actual expenses
allowed by HMRC as running costs, no profit should exist where a
loss is claimed
6. Unenforceable penalty clauses in contract law and incorrect
application and joinder of a contract applied to a third party
without consideration and acceptance by both actual parties of
formulation of any contract, can a contract be administered from
one party to another without due consent or sight of that contract
by the third party.
I refuse to give money to these idiots. with that defense, PE sent me back with a 30 / 40 page letter outlining their contract with the retail park along with all the rest of the evidence with photo of my car etc, it's almost like i have committed a crime and the letter is written that this is a debt I owe parkingeye.
Parkeye is going through with proceedings and the court date is now set 8th Nov 2018.
Pease can someone give me some advice on how I go about defending this case in court, I do not want to give these **** a penny of my money.
Hope you all can give me some good advice and how to beat parking eye!
0
Comments
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Wilsonleung wrote: »Hope you all can give me some good advice and how to beat parking eye!
You are unlikely to win on any of those six points, if they are what you have put in your Defence.
It looks like you dredged up some threads from about six years ago to make those arguments, most if not all of which have been rendered irrelevant by the Beavis judgment.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.0 -
Your post asks for help formulating a defence
BUT..
Assuming you have sent that in as your defence, you should prepare for a disappointment!!0 -
ok, so what should i do? is it worth attending the court hearing then?
What should I do then?0 -
you have to go through the evidence and WS stage by the due dates in the directions letter, as stated in the letter
you have already submitted your "defence" , so that "defence" is already on record
now you have to go through the rest of the stages prior to a court hearing in your local county court
the BARGEPOLE link in the NEWBIES FAQ sticky thread tells you what happens when, plus what to do next
your paperwork from the CCBC also tells you what to do next
and the link by LOC123 in that same post #2 of the NEWBIES FAQ sticky thread outlines all the procedures in going through to a hearing before a judge
ps:- it is not a "summons" , its an MCOL
if you fail to do the above , or you do not attend the court hearing, a CCJ will be lodged against you in a default CCJ by the court0 -
I'm just after a bit of advice on how to beat these robbing **** and not pay them!0
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chances are that with the contravention they state you committed and with the poor defence you put forward, you are on a hiding , to a loss. Beating PE in court will be extremely difficult, especially by someone who has to ask what to do
BARRY BEAVIS overstayed on a retail park under the watchful eye of Parking EyeAbraham Lincoln Had It Right - He who represents himself has a fool for a client!
he lost on the same arguments in 3 different courts before several judges
no idea why you think you can achieve what he failed to do , certainly NOT based on what you have stated so far
BEAVIS lost in the SUPREME COURT two years ago , so your defence above was doomed to fail before you submitted it0 -
And that's exactly what you are getting.Wilsonleung wrote: »I'm just after a bit of advice on how to beat these robbing **** and not pay them!0 -
so are you all saying i should just call parking eye and pay them to settle out of court?0
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depends on whether or not PE have a valid case and you do not
if they have followed POFA2012 for example, if their signage was clear , if they have landowner authority , if they are taking the correct person to court and if they know that the defendant has liability under the current laws, then I fail to see what your legal defence to the PCN can be
this should never have been IGNORED in the first place, because it was easier to appeal it to PE and then to POPLA and you would know what their evidence was at the popla appeal evidence pack stage
PE eat people for breakfast if that person hasnt done their homework, plus if they can prove that your case is the same as the BEAVIS case they already have a court ruling against BEAVIS so they can just say "BEAVIS CASE YOUR HONOUR" and the judge is likely to be bound by that legal precedent due to nothing in your defence to dispute it
what you need is something that ISNT like the BEAVIS case that is a legal argument that will win in a court of law, and so far you havent provided anyone with a decent defence point in law
so settling out of court could well be your best option seeing as you failed to research your case and failed to realise that your case seems to be identical to BEAVIS , therefore not winnable unless you had something different to offer0 -
anyone else with any other suggestions to fight this case?0
This discussion has been closed.
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