parking eye taking me to court over a carpark which they no longer have!

[icecream1]

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Please advise ,parking eye are taking me to court over a car park which they no longer have control of and is free because the council (i believe) made them take down all cameras etc . Also they have resorted to really dirty tricks .I was NOT parked at anytime in their "car park"they have a photo of my car mounting the curb,as I turned left and parked on a piece of pavement behind the beer garden of a pub to which the landlord had given me permission to as my friend was DJing there,and then six hours later as we were leaving ! At no time was I actually parked in "their car park "
Also their were no cars parked in the car park while I was there .the pictures they have are when I am driving,
I ignored all previous letters but obviously this one is different .
Any legal advise would be greatly appreciated.
I should add that I have also rang the court to check that the claim was legitimate .
I also have spoken to a council traffic warden who works for the council and she told me they did not have planning permission and were told to take everything down,but I do not know how to get this info in writing

[bluebottle]

Re: parking eye taking me to court over a carpark which they no longer have!

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Please advise ,parking eye are taking me to court over a car park which they no longer have control of and is free because the council (i believe) made them take down all cameras etc . Also they have resorted to really dirty tricks .I was NOT parked at anytime in their "car park"they have a photo of my car mounting the curb,as I turned left and parked on a piece of pavement behind the beer garden of a pub to which the landlord had given me permission to as my friend was DJing there,and then six hours later as we were leaving ! At no time was I actually parked in "their car park "
Also their were no cars parked in the car park while I was there .the pictures they have are when I am driving,
I ignored all previous letters but obviously this one is different .
Any legal advise would be greatly appreciated.
I should add that I have also rang the court to check that the claim was legitimate .
I also have spoken to a council traffic warden who works for the council and she told me they did not have planning permission and were told to take everything down,but I do not know how to get this info in writing

The info you need should be obtained from the council's planning department. Ask for copies of the planning application, refusal of permission and order to remove cameras, etc.. Let the council know why you require the info. I would think the local authority will be very interested to hear about what PE are doing, especially in the light of what you have found out. I would think the court will be interested to learn of what you have discovered, also.

If PE have no grounds or right in law to make a claim for their faux parking charges, then it follows they have no grounds or right in law to bring proceedings. Subject to one of our more learned members looking in and advising, I am of the opinion that an application to strike out proceedings on the grounds they are an abuse of the legal process should be considered.

[mystery1]

Re: parking eye taking me to court over a carpark which they no longer have!

Post up the particulars of claim. Get a proper witness statement from those concerned. Photographs and video of the scene are also good.

M1

[icecream1]

Re: parking eye taking me to court over a carpark which they no longer have!

Thank you I am just about to email planning x

[mystery1]

Re: parking eye taking me to court over a carpark which they no longer have!

Thank you I am just about to email planning x

Was thinking landlord etc

M1

[icecream1]

Re: parking eye taking me to court over a carpark which they no longer have!

The council have replied Parking Eye is a private company and no have no dealings with ********* City Council.******** City Council do not enforce any on-street parking, this is a private matter. the Landlord is writing a letter for me I'm not sure where to go from here now ,But I did not park in their car park !

[mystery1]

Re: parking eye taking me to court over a carpark which they no longer have!

http://www.aboutsmallclaims.co.uk/wi...t-example.html

Also make sure you login to money claim online and acknowledge service which gives you a total of 33 days from the date of claim to defend.

This should be fairly easy to defend given that you didn't park on the land and you have a witness which is on top of the normal penalty etc arguments. Get photos and video of where you parked.

M1

[bluebottle]

Re: parking eye taking me to court over a carpark which they no longer have!

The council have replied Parking Eye is a private company and no have no dealings with ********* City Council.******** City Council do not enforce any on-street parking, this is a private matter. the Landlord is writing a letter for me I'm not sure where to go from here now ,But I did not park in their car park !

Obviously, someone at the council has misinterpreted what you have said. Request the information I mentioned in my earlier post again. The Civil Procedures Rules may well apply here as the request is in connection with civil litigation. CPRs supersede the Data Protection Act 1998 so the council will be hard-pushed to use the DPA to avoid providing you with the information you require.

[icecream1]

Re: parking eye taking me to court over a carpark which they no longer have!

Thank you for your advice and patience bluebottle ,I have finally got a reply which is this ,and now I would like some advice again please

I
have checked the planning history and there is no history on the site
2)Parking Eye have not applied for planning permission to use the car park as a Pay & Display
3)Land Registry will have the details of who owns the site.

We have logged Enforcement against the site and an Enforcement Officer will go out and investigate.
Mr******** is the Enforcement Officer who can be contacted *******


Hmm I did explain that it is no longer there ,so I presume the next step would be to contact him ? but what should I say,and how should I word this information in my defence


Once again thanks for your help x

[icecream1]

Re: parking eye taking me to court over a carpark which they no longer have!

I hope you don't mind I am sending further details in a PM x

[CleverClogs]

Re: parking eye taking me to court over a carpark which they no longer have!

I hope you don't mind I am sending further details in a PM x

Anything you'd care to share with the rest of us?

[bluebottle]

Re: parking eye taking me to court over a carpark which they no longer have!

Anything you'd care to share with the rest of us?

I wouldn't like to be in Parking Eye's shoes. Mystery, I'm sending you a PM.

[icecream1]

Re: parking eye taking me to court over a carpark which they no longer have!

Just an update to let you know,that after the help of the incredibly talented PARKING-PRANKSTER, Parking-eye have FINALLY dropped the case.The man is a legend and took so much time out to help me.I can not thank him enough.
Thank you to EVERYONE who helped me with their great advice and knowledge X

[mystery1]

Re: parking eye taking me to court over a carpark which they no longer have!

http://parking-prankster.blogspot.co...l-anpr-on.html

M1