*WON* 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

[Penny1]

Hello all,

I believe it is now the time to call in the experts :wub:

I was informed by a staff member that I could use the car park whilst I checked out the gym facilities. I returned a week later to get the finer details on becoming a member, but it was too expensive so i chose not to join.

I then received PCN letters from Parking Eye asking for payments. I ignored the letters and then I got a County Court Claim letter. I proceeded by acknowledging and then sending my defence statement. My main point was that the manager of the gym understood my situation and requested (via email) for the tickets to be cancelled.

They have now responded with a 70 PAGE document annihilating by defence points!

Now I am actually scared that I will have to pay for something which was not my fault...can anybody help me?

I have tried to upload the prosecution statement but its a 46MB document so its been declined. I have uploaded the defence statement and manager email...if that helps...

Pleaseeeee....

[Kati]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hi [MENTION=86691]Penny1[/MENTION] ... to LB

I'll tag [MENTION=5354]mystery1[/MENTION] to come and offer some advice, but it might help if you could email me the whole document so I can redact and post it up for him to see it :nod:

Could you send it to kati@legalbeagles.info with a link to this thread (so I know where it's meant to go )? xx

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hello Kati...I got my first reply...woohoo


sorry im new to all this. But i thank you for your kind welcome. Will send you the prosecution statement to that email address. Thank you

[R0b]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Bloody hell a 70 page document is quite long, when your getting into those numbers, it sounds like most of it is a load of waffle and unnecessary gumph! Not entirely sure a judge would appreciate reading that!

[mystery1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

The contents of the contract could be quite interesting. I won't be around much today, tomorrow or Tuesday due to work though.

Does the fella Coe know how far this has gone ? If so, what has he said and is he willing to bear witness for you ?

M1

[Kati]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

They included the full Beavis judgement (39 pages) so I've left that out

These are all the bits you should need [MENTION=5354]mystery1[/MENTION] xx

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hello,

To Mystery 1: The Coe gentleman said on the phone, originally, that he would be my witness if it gets to court but (mysteriously) he has now backed away and says its between me and Parking Eye now.


I do have a recording of him stating that he will be a witness...but someone has told me that because he was unaware the conversation was being recorded then I am not able to use it in court...is this correct?

To Rob: Hopefully you are right and the judge is mega annoyed with them and gives me an easy ride...never been to court before...I wonder if I can claim for costs due to all the time and headache ive spent doing all this!

[R0b]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

31 pages is still quite long and it lokos as though their reply is essentially their legal arguments. They shouldn't really use a reply as their legal arguments that's what going to court is for, to advance those arguments. I don't expect it to be struck out on that basis but you could certainly raise it and costs possible but not likely.

I'm sure M1 can advise though on the parking issue

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Thanks Rob, i will make a note of that point.

Costs don't really matter at this moment in time...i just don't want to go to prison! :Cry:

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Thanks Rob, i will make a note of that point.

Costs don't really matter at this moment in time...i just don't want to go to prison! :Cry:

Hello Penny, is this a private prosecution that Parking Eye are bringing against you. I do not know how otherwise it would be a criminal matter. Do you have this 70 page prosecution statement to hand, ie can you attach it here?

[Amethyst]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Hello Penny, is this a private prosecution that Parking Eye are bringing against you. I do not know how otherwise it would be a criminal matter. Do you have this 70 page prosecution statement to hand, ie can you attach it here?

It's here - http://legalbeagles.info/forums/show...245#post654245

It's not criminal, it's civil.

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

It's here - http://legalbeagles.info/forums/show...245#post654245

It's not criminal, it's civil.

Thanks, Sharon. I was just wondering why the op believes it's a criminal offence leading to a prison sentence.

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

sorry. im not very legally knowledgeable so just thinking worst case scenario. But if civil means fines and fees only then i guess im okay...but don't want thousands of £s in legal fees either

I guess im panicking...

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

sorry. im not very legally knowledgeable so just thinking worst case scenario. But if civil means fines and fees only then i guess im okay...but don't want thousands of £s in legal fees either

I guess im panicking...

Hello, Penny

You were intending to be a member of the gym is this correct? 1) The signage does not say current member - just member - so in theory you could be a member in the immediate future. 2) a contract needs to be incorporated (ie legal tests based on contract case law) where there are separate parts to it. if the writing it too tiny to see it's not incorporated. From your pdf extracts they appear to separate parts. 3) The claimant states Shoe Lane Parking (case authority) is not relevant, but the claimant doesn't say why. So they attempt to distinguish you facts with the Shoe Lane but do not provide any detail at all. Citing a case without using it's legal principle or distinguishing it (ie saying it's not relevant), without a reasoned argument is a pointless use of case law. 4) you may have an estoppel defence if you can prove that the gym's reception/ owner said you could park temporarily. An estoppel means you can stop any court action against you, as once the third party makes a promise they cannot then go back on their word.

[Kati]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

sorry. im not very legally knowledgeable so just thinking worst case scenario. But if civil means fines and fees only then i guess im okay...but don't want thousands of £s in legal fees either

I guess im panicking...

no need to panic :_tighthug__by_darkm you'll get all the help you need here on LB xx