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  • FIRST POST
    kickstart2
    Parking Eye taking me to court
    • #1
    • 12th Dec 13, 9:04 AM
    Parking Eye taking me to court 12th Dec 13 at 9:04 AM
    I parked on a private car park managed by Parking Eye in January. I paid 1.50 for two hours but overstayed by 39 minutes. Three hours would have been an extra 50p. Soon after I received a parking charge notice for 100. I immediately wrote to Parking Eye stating that their charge was disproportionate and would not be paid (as advised on Money Saving Expert site). To cut a long story short, they have written several times during 2013 demanding payment, culminating in a Court claim via Northampton Bulk Centre for 100 + 50 solicitors fee + 15 admin. I replied in defence to the court stating that this should not be paid under the terms of the Unfair Terms in Contract Regulations 1999 and the OFT guidlines on these regs regarding disproportionate sanctions for breach of contract. Parking Eye have responded with a raft of cases where precedents have been set in their favour on both my defences. The court is offering a free telephone mediation service rather than going to court and I have to reply by 20th December. Any advice would be very welcome.
Page 1
  • BrightonandHove
    • #2
    • 12th Dec 13, 9:18 AM
    • #2
    • 12th Dec 13, 9:18 AM
    At any point did Parking Eye provide you with a POPLA code ?
  • kickstart2
    • #3
    • 12th Dec 13, 11:53 AM
    • #3
    • 12th Dec 13, 11:53 AM
    they gave me info on POPLA but I did not appeal as I felt that if I did it would imply that I acknowledged their claim as legit
  • BrightonandHove
    • #4
    • 12th Dec 13, 11:57 AM
    • #4
    • 12th Dec 13, 11:57 AM
    Wow - so you had the silver bullet and wasted it !

    Others will be along to suggest how to build a court case but in the mean time you might want to accept the offer of mediation and suggest that the mediation be carried out by the industries accepted independent mediator - POPLA. So Parking Eye will need to provide a new POPLA code.
  • kickstart2
    • #5
    • 12th Dec 13, 12:06 PM
    • #5
    • 12th Dec 13, 12:06 PM
    I don't know if they gave a POPLA code, & as I didn't hear from them for several months afterwards the correspondence was binned
  • kickstart2
    • #6
    • 12th Dec 13, 12:10 PM
    • #6
    • 12th Dec 13, 12:10 PM
    What I've got now is a "Notice of Proposed Allocation to the Small Claims Track" from Northampton County Court, saying "Do you agree to this case being referred to the Small Claims Mediation Service" Y/N
    • Guys Dad
    • By Guys Dad 12th Dec 13, 2:52 PM
    • 10,702 Posts
    • 10,087 Thanks
    Guys Dad
    • #7
    • 12th Dec 13, 2:52 PM
    • #7
    • 12th Dec 13, 2:52 PM
    There are 2 different things you will have to do to save your cash.

    The first is to handle your court case and decide if you want to do telephone mediation. Can't see that one winning against one of their barristers. So you might want to go for a court case with personal appearance.

    In that case, you need to form a defence. Start looking at recent POPLA decisions from the sticky thread. Essentially the same arguments can be used in court. Also read the Parking Prankster's Blogspot and see his recent list of Parking Eye failures including the ones at the end where the judge threw out their case as they had no landowner interest.

    Search the POPLA Decisions sticky for "Judge Jenkins".

    But some better experienced contributors should be able to help getting a stay of case in order for you to get their papers to you and your case together.

    One lesson to be learned, don't do the Ostrich strategy again!
  • kickstart2
    • #8
    • 12th Dec 13, 3:47 PM
    • #8
    • 12th Dec 13, 3:47 PM
    Thanks. It wasn't a case of ostrich strategy, most info I've read about these cases have said "ignore them, they are bluffing, they won't take it to court". On this page: ticketfighter.co.uk/private.htm it says that the writer has NEVER heard of a case like this coming to court....
    Based on the replies on this thread (thankyou) I'm tempted just to pay up now & get the stress over with as it looks pretty dodgy
    • peter_the_piper
    • By peter_the_piper 12th Dec 13, 4:07 PM
    • 26,518 Posts
    • 36,119 Thanks
    peter_the_piper
    • #9
    • 12th Dec 13, 4:07 PM
    • #9
    • 12th Dec 13, 4:07 PM
    In that case the author has been asleep for the last 9 months. You stand a fair chance of winning in court but its nowhere near a certainty, especially as it has been ignored up till now. Your choice to pay or fight.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
  • BrightonandHove
    Thanks. It wasn't a case of ostrich strategy, most info I've read about these cases have said "ignore them, they are bluffing, they won't take it to court". On this page: ticketfighter.co.uk/private.htm it says that the writer has NEVER heard of a case like this coming to court....
    Based on the replies on this thread (thankyou) I'm tempted just to pay up now & get the stress over with as it looks pretty dodgy
    Originally posted by kickstart2
    The clue lies here :

    2007-2011 Ticketfighter.co.uk


    Utterly, utterly worthless and wrong information is on that site !!!!!!!!!!!!!!!!!!!!!
    • bod1467
    • By bod1467 12th Dec 13, 4:21 PM
    • 14,794 Posts
    • 13,463 Thanks
    bod1467
    The information below from Pete Jones an Advisor in Criminal Law is a helpful guide on the elements of contract law. However bare in mind it was compiled before the law change in October 2012. Unless the driver is identified, the registered keeper is now liable.
    From that site.

    However that site STILL promotes the Ignore option, even though it acknowledges POFA2012 and POPLA.
    Last edited by bod1467; 12-12-2013 at 4:24 PM.
    • Coupon-mad
    • By Coupon-mad 12th Dec 13, 6:22 PM
    • 64,896 Posts
    • 77,471 Thanks
    Coupon-mad
    Thanks. It wasn't a case of ostrich strategy, most info I've read about these cases have said "ignore them, they are bluffing, they won't take it to court". On this page: ticketfighter.co.uk/private.htm it says that the writer has NEVER heard of a case like this coming to court....
    Based on the replies on this thread (thankyou) I'm tempted just to pay up now & get the stress over with as it looks pretty dodgy
    Originally posted by kickstart2

    That's a shame and hardly a fightback stance on a moneysaving forum! We - and pepipoo forum (see below) - can help with defence advice that is stronger than you would have tried.

    Look at all the cases won recently (follow each link, read about the ladies who won last week):

    List of PPC Court Cases (non-exhaustive)

    The procedure, you MUST acknowledge the claim then submit a defence:

    Advice: Small Claims & PPCs

    You could write to show you were a customer like here, and PE often offer' to settle for 50 (BUT YOU WOULD HAVE TO SUBMIT A COURT DEFENCE AS WELL!):

    http://forums.pepipoo.com/index.php?showtopic=86103

    http://forums.pepipoo.com/index.php?showtopic=80466

    which you can then negotiate, pay or decline of course:

    http://forums.pepipoo.com/index.php?showtopic=85352&st=20&start=20

    Or defend it:

    http://forums.pepipoo.com/index.php?showtopic=81150&st=0

    http://forums.pepipoo.com/index.php?showtopic=85697

    http://forums.pepipoo.com/index.php?showtopic=84382

    http://forums.pepipoo.com/index.php?showtopic=85290&st=0




    If you want to defend it you'll need the info offered by Parking Prankster:

    http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html

    And here's a link full of other defence advice to follow the links given:

    http://forums.pepipoo.com/index.php?showtopic=82744&st=0&gopid=862298

    And it is never too late to complain to the retail Management:

    http://forums.moneysavingexpert.com/showthread.php?t=4766249

    Loads of cancelled PE court claims shown there in links.




    HTH





    • Guys Dad
    • By Guys Dad 12th Dec 13, 6:25 PM
    • 10,702 Posts
    • 10,087 Thanks
    Guys Dad
    You can pay, but you would not have much money at risk if you chose to defend it and lose. Courts don't always award costs, so the solicitor's fee could be struck off - it would definitely be if they were an in house solicitor.

    From where you are now, I would defend it.
  • kickstart2
    Hi C-M I sent you a PM but your mailbox is full?
  • kirkbyinfurnesslad
    Whats issue kick start I can help
    • Coupon-mad
    • By Coupon-mad 26th Jan 14, 1:40 AM
    • 64,896 Posts
    • 77,471 Thanks
    Coupon-mad
    Hi C-M I sent you a PM but your mailbox is full?
    Originally posted by kickstart2
    Not full now - so do pm if you still need to.

    Also, in an attempt to drag this to POPLA instead, we suggest sending the Court the following immediately:

    "
    The defendant requests the Court to stay this claim for 90 days, and make an order requiring the parties to resolve the dispute by referring the matter to POPLA (Parking on Private Land Appeals service), an independent tribunal set up for the specific purpose of adjudicating private parking matters. This would be in accordance with the directions given by Deputy District Judge Bridger at Southampton County Court on 21/01/2014 in case number 3JD05448 ParkingEye v Gilmartin. Also in accordance with a similar stayed claim on 13 Sep 2013, District Judge Mayor, 3JD00719 ParkingEye v Mr. O., Croydon County Court. Both were very similar cases to this claim, i.e. where the Claimant had alleged breach of contract regarding a private parking charge and where POPLA - as the bespoke private parking ADR - had not been undertaken first.
    ''

    Obviously that is in addition to the skeleton argument and evidence/transcripts of other cases that you will need asap.

    But IMHO you need to read the Parking Prankster's Guide in depth first, linked in the 'NEWBIES' sticky thread paragraphs about small claims.
    • Coupon-mad
    • By Coupon-mad 27th Feb 14, 11:16 AM
    • 64,896 Posts
    • 77,471 Thanks
    Coupon-mad
    Have you got a court date yet? I know you told me which court but at the time you had no date. Have you had your Directions Questionnaire and submitted that now?
    • The Deep
    • By The Deep 27th Feb 14, 11:40 AM
    • 11,009 Posts
    • 10,974 Thanks
    The Deep
    Do not be afraid of going to court, it can be a pleasant day out. Everyone is incredibly polite to each other, although it is adversarily, you all sit round a table and discuss the matter.

    If the PPC is represented by a barrister he will probably not have seen the papers until about an hour before the hearing and those put up by Parking Eye, (or Private Eye as one brief referred to his client), can be incredibly badly briefed by their client.

    As CM says members of MSE face barristers and win, because PPC cases are built on sand, no contracts, no losses, conflicting signage, and poorly briefed solicitors. They have a mountain to climb and are often not allowed to leave base camp. SoBod go for it and give 'em hell.
  • spacey2012
    They will send a hired solicitor from the agency that employs solicitors who could not quite "make the grade".
    Some are totally hilarious !

    You can submit a revised defence and I suggest you get hold of parking pranksters guide to parking eye claims and submit a revised defence as per his guide.

    Once you have done this just turn up, do not accept ANY paper work from anyone inside the court, let them put it down and leave it there, let it fall to the floor and stay there , but do not accept it.
    They will LIE in court that it was sent by post.
    Be happy...
    • Coupon-mad
    • By Coupon-mad 26th Apr 14, 12:55 AM
    • 64,896 Posts
    • 77,471 Thanks
    Coupon-mad
    UPDATE - THE CASE IS AS GOOD AS WON!!


    It's never too late to ask for POPLA even if you have a Court date - and to get POPLA instead is as good as a Court win! Nowt to lose by writing to a Judge once it's allocated to a local court, especially when you have good old Judge Buckley on side!

    This OP has sent me a pm:

    ''First of all, apologies for not getting in contact for some time, I've been waiting for some solid info to report.

    Following your advice, I wrote to the court and asked them to stay for 90 days and refer the case to POPLA. I got a reply from the court in February, ordering that the claim shall be stayed to enable the dispute be referred to POPLA. I rang the court and they said I needed to do nothing.
    Ten weeks on and nothing from anyone, so I looked on Parking Eye website this morning, to find that the charge has been cancelled!

    Claim number 3JD10502
    Date 11th February 2014
    Blackburn County Court

    ParkingEye v Mrs P

    Before Deputy District Judge Buckley sitting at Accrington County Court, Bradshawgate House, 1 Oak Street Accrington Lancashire BB5 1EQ

    text reads:

    ''Upon reading the papers
    IT IS ORDERED THAT

    1. the claim shall be stayed (& the hearing for xxth May be vacated) to enable the dispute be referred to the parking On Private Land Appeals service POPLA
    2. In default of any request by 4pm on xxth June to return the claim to the list, request a further stay, the claim shall be deemed struck out.''


    Last edited by Coupon-mad; 26-04-2014 at 9:56 PM.
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