Help with Defence re Parking Eye & Court Papers

[mystery1]

Re: Help with Defence re Parking Eye & Court Papers

Do you have the signs yet ?

Bigger scans of the docs ?

M1

[Archie's Mum]

Re: Help with Defence re Parking Eye & Court Papers

Hi guys, sorry for being away so long, had some problems to sort.
The car park is owned by AXA (as in Axa Sun Life) and the retail site is managed by Captia Symonds.
I've approached one of the retailers to see if they can intervene, even at this late stage! Seemed promising from phone conversation (?) but they should have come back to me on Friday afternoon so I need to chase them tomorrow (Monday 10th). If no joy there I will get to work on re-scanning the docs etc.

[mystery1]

Re: Help with Defence re Parking Eye & Court Papers

Hi guys, sorry for being away so long, had some problems to sort.
The car park is owned by AXA (as in Axa Sun Life) and the retail site is managed by Captia Symonds.
I've approached one of the retailers to see if they can intervene, even at this late stage! Seemed promising from phone conversation (?) but they should have come back to me on Friday afternoon so I need to chase them tomorrow (Monday 10th). If no joy there I will get to work on re-scanning the docs etc.

Have you filed acknowledgement of service yet ?

Make sure you do it to gain the extra 14 days to file your defence. Never rely on the cancellation until you have it writing.

M1

[Archie's Mum]

Re: Help with Defence re Parking Eye & Court Papers

Again sorry for not posting anything!
Yes, I filed acknowledgement of service (stated that in first post).
Got the run-a-round from the Managing Agents who said Parking Eye are fully able to bring litigation!?
Have thought about contacting AXA direct and seeing if there are aware of what's being done on their property! Any thoughts/comments on that would be gratefully received.
Not had anything back from the retailers (it was a long shot anyway) BUT have received a "without prejuice save as to costs" letter direct from ParkingEye as a result! They request £50 and quite frankly with all that's going off elsewhere in my life, I'm very tempted to accept it if it puts an end to this damn thing!
Is there any reason why I can't just base my defense on various Consumer Contracts Regulations about unfair terms etc and the fact that the signage (small print that states the terms of contract) is totally illegible from a driver's perpesctive upon entering the car park?

[labman]

Re: Help with Defence re Parking Eye & Court Papers

That would certainly prove part of your defence, as would producing a copy of the contract to show they're able to litigate on the piece of land (many cases have failed as the PCC is unwilling to show this document). There are a lot of grounds you would be looking to put into a defence, and if it were me I'd be fighting it.

Ultimately only you can decide whether you'd be happier paying the £50 and being rid of any stress it may be causing, or whether you want to stand your ground and fight. The right choice is the one that's right for you. :beagle:

[mystery1]

Re: Help with Defence re Parking Eye & Court Papers

Again sorry for not posting anything!
Yes, I filed acknowledgement of service (stated that in first post).
Got the run-a-round from the Managing Agents who said Parking Eye are fully able to bring litigation!?
Have thought about contacting AXA direct and seeing if there are aware of what's being done on their property! Any thoughts/comments on that would be gratefully received.
Not had anything back from the retailers (it was a long shot anyway) BUT have received a "without prejuice save as to costs" letter direct from ParkingEye as a result! They request £50 and quite frankly with all that's going off elsewhere in my life, I'm very tempted to accept it if it puts an end to this damn thing!
Is there any reason why I can't just base my defense on various Consumer Contracts Regulations about unfair terms etc and the fact that the signage (small print that states the terms of contract) is totally illegible from a driver's perpesctive upon entering the car park?

There can be many strings to a defence and having seen many threads i can only say that 99% of the people they are produced for haven't got a clue what most of it is and consequently in court they are like a rabbit in headlights when they are given a defence of epic proportions. For popla it's ok as you don't get involved but for court it's not a good idea.

I haven't seen your sign or been able to read your claim form yet but if it's a case of exceeding a max stay then your main argument is that how can a contract be made to do something which is not allowed. Once you are on to genuine pre estimate of loss you show the parking eye letter which includes costs then use Ibbotson and A retailer v Ms B and it'd be 95+% that you'd win.

To argue unfair terms gives them an argument of an existing contract.

M1

[Archie's Mum]

Re: Help with Defence re Parking Eye & Court Papers

Just to update you on the situation - I accepted the "without prejudice" offer, paid on-line yesterday, sent an e-mail (enforcement@parkingeye.co.uk) asking for written confirmation that the court claim will be withdrawn and the matter is now closed, and received that via e-mail this morning. I know it's the a "cop out" way to deal with them BUT my stress levels are now returning to their normal. manageable state! MANY THANKS mystery1 and labman for your help and support.

[Ticketpaid]

Re: Help with Defence re Parking Eye & Court Papers

Just to update you on the situation - I accepted the "without prejudice" offer, paid on-line yesterday, sent an e-mail (enforcement@parkingeye.co.uk) asking for written confirmation that the court claim will be withdrawn and the matter is now closed, and received that via e-mail this morning. I know it's the a "cop out" way to deal with them BUT my stress levels are now returning to their normal. manageable state! MANY THANKS mystery1 and labman for your help and support.

First time used this site, so still trying to figure out things !! Ive found myself in a similar situation to many people on here in particular Archie's mum. My defence is;

• Had a valid ticket that covered me for the first hour (this isnt stated in the particulars of claim)
• first letter didnt come until after the cut of date, so wasnt able to take advantage of the reduced fine
• Additional letter basically stating the same arrived at a similar time to the first
• They obtained my details from DVLA within 10 days of the Event, in some information about ' Keeper Liability' it states that the creditor/ agent must have made application to DVLA for your name/ address either not earlier than 28 days after the vehicle was parked.

All week I have been worrying endlessly regarding this and wether this is a reasonable defence, I was more that willing to pay the £60.00 but after speaking to a number of people who said IGNORE, I took on board the advice. Plus a number of people I know who parked on the same carpark have had no further action- how is this fair!!!

Archie's mum - How much did you have to pay in the end ?