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  • FIRST POST
    • ih8parkingeye
    • By ih8parkingeye 8th Aug 18, 5:31 PM
    • 6Posts
    • 0Thanks
    ih8parkingeye
    Parkeye Court summon and hearing date from court
    • #1
    • 8th Aug 18, 5:31 PM
    Parkeye Court summon and hearing date from court 8th Aug 18 at 5:31 PM
    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!
Page 1
    • bargepole
    • By bargepole 8th Aug 18, 6:04 PM
    • 2,496 Posts
    • 7,152 Thanks
    bargepole
    • #2
    • 8th Aug 18, 6:04 PM
    • #2
    • 8th Aug 18, 6:04 PM
    Hope you all can give me some good advice and how to beat parking eye!
    Originally posted by Wilsonleung
    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 35, lost 10), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and am a Graduate member of CILEx, studying towards a Fellowship (equivalent to solicitor) in Civil Litigation. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
    • Quentin
    • By Quentin 8th Aug 18, 6:08 PM
    • 38,003 Posts
    • 22,103 Thanks
    Quentin
    • #3
    • 8th Aug 18, 6:08 PM
    • #3
    • 8th Aug 18, 6:08 PM
    Your post asks for help formulating a defence


    BUT..


    Assuming you have sent that in as your defence, you should prepare for a disappointment!!
    Last edited by Quentin; 08-08-2018 at 8:19 PM.
    • ih8parkingeye
    • By ih8parkingeye 8th Aug 18, 6:19 PM
    • 6 Posts
    • 0 Thanks
    ih8parkingeye
    • #4
    • 8th Aug 18, 6:19 PM
    • #4
    • 8th Aug 18, 6:19 PM
    ok, so what should i do? is it worth attending the court hearing then?

    What should I do then?
    • Redx
    • By Redx 8th Aug 18, 6:34 PM
    • 20,390 Posts
    • 25,752 Thanks
    Redx
    • #5
    • 8th Aug 18, 6:34 PM
    • #5
    • 8th Aug 18, 6:34 PM
    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 court
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • ih8parkingeye
    • By ih8parkingeye 8th Aug 18, 6:44 PM
    • 6 Posts
    • 0 Thanks
    ih8parkingeye
    • #6
    • 8th Aug 18, 6:44 PM
    • #6
    • 8th Aug 18, 6:44 PM
    I'm just after a bit of advice on how to beat these robbing **** and not pay them!
    • Redx
    • By Redx 8th Aug 18, 6:47 PM
    • 20,390 Posts
    • 25,752 Thanks
    Redx
    • #7
    • 8th Aug 18, 6:47 PM
    • #7
    • 8th Aug 18, 6:47 PM
    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


    Abraham Lincoln Had It Right - He who represents himself has a fool for a client!
    BARRY BEAVIS overstayed on a retail park under the watchful eye of Parking Eye

    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 it
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 8th Aug 18, 6:48 PM
    • 11,274 Posts
    • 11,833 Thanks
    KeithP
    • #8
    • 8th Aug 18, 6:48 PM
    • #8
    • 8th Aug 18, 6:48 PM
    I'm just after a bit of advice on how to beat these robbing **** and not pay them!
    Originally posted by Wilsonleung
    And that's exactly what you are getting.
    .
    • ih8parkingeye
    • By ih8parkingeye 8th Aug 18, 7:11 PM
    • 6 Posts
    • 0 Thanks
    ih8parkingeye
    • #9
    • 8th Aug 18, 7:11 PM
    • #9
    • 8th Aug 18, 7:11 PM
    so are you all saying i should just call parking eye and pay them to settle out of court?
    • Redx
    • By Redx 8th Aug 18, 7:33 PM
    • 20,390 Posts
    • 25,752 Thanks
    Redx
    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 offer
    Last edited by Redx; 08-08-2018 at 7:36 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • ih8parkingeye
    • By ih8parkingeye 8th Aug 18, 7:59 PM
    • 6 Posts
    • 0 Thanks
    ih8parkingeye
    anyone else with any other suggestions to fight this case?
    • ih8parkingeye
    • By ih8parkingeye 8th Aug 18, 8:02 PM
    • 6 Posts
    • 0 Thanks
    ih8parkingeye
    reply
    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 offer
    Originally posted by Redx
    you sound like you work for parking eye
    • Redx
    • By Redx 8th Aug 18, 8:22 PM
    • 20,390 Posts
    • 25,752 Thanks
    Redx
    you sound like you work for parking eye
    Originally posted by Wilsonleung
    stupid sarcastic comments wont help (I am a retired engineer from the comms industry, not the parking industry)

    if you had done any research whatsoever, you would know that I have been helping people on here to fight these pcn charges for 6 years and also that I contributed to the BARRY BEAVIS fund to take on PE in court. I also can recognise a lost cause when I see it, especially when its like the BEAVIS GROUNDHOG DAY

    you would also know that member BARGEPOLE helped out in the Beavis case and knows what he is talking about and he rubbished your defence in post #2 based on his experiences in court and in the PE case

    you have done very little research on this pcn and have sleepwalked into this court case, despite the help on here being available since 2012

    to accuse other members on here will not help your credibility one iota and regular members seeing this thread will know that you have been told exactly where you stand on this

    you are flogging a dead horse and are ridiculing those that are telling you to cease and desist because you wont get that dead horse back into the race

    you need to stop being the complainant in the deceased parrot sketch and accept that you went about this all wrong, you didnt research the BEAVIS case , you didnt appeal it to PE and then to POPLA , you didnt ask for our help when it mattered (including helping to hone a a defence that may have triumphed in adversity) and now you think we are to blame for your woes , even though we get nothing out of it and try to help others for free on here (and have done for years)

    "dont shoot the messenger"

    you know what needs to be done, you just cannot bring yourself to do it or to blame the person you see in the mirror for it getting to this stage

    ps:- look to my name on the left and it clearly says this underneath (my rep)

    Thanked 23,714 Times in 14,287 Posts
    a ratio of approx twice per post
    Last edited by Redx; 08-08-2018 at 8:45 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Quentin
    • By Quentin 8th Aug 18, 8:22 PM
    • 38,003 Posts
    • 22,103 Thanks
    Quentin
    You are being given sound advice, though clearly not what you want to hear!

    Shooting at the messenger is a poor way to respond as well as uncalled for
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