Parking Eye Court Claim

[ab2175]

Hi,
Received this letter for a Court Claim a few days ago and would like your opinion. Parking Eye initially sent me a PCN which I stupidly ignored, (as I now know that the law has changed). Have read lots of info on different websites and would like to know the next plan of action.
Many Thanks
Ab2175

[Wombats]

Re: Parking Eye Court Claim

Main thing is to acknowledge receipt and say you're going to defend.

The real expert here is 'Mystery1' who will hopefully spot this later today for you. LB has an excellent record of defending these claims, so don't worry. :tinysmile_twink_t2:

[mystery1]

Re: Parking Eye Court Claim

Well they will no doubt quote from http://www.bailii.org/ew/cases/EWCA/Civ/2013/186.html and say that they can contract with you can sue for trespass etc.

On the other side we have http://forums.pepipoo.com/index.php?...dpost&p=602252








This is pretty much in line with how i'd look at it and how PE have worded the claim form is to suggest a breach of contract but as it's permit only and you didn't have one it can't be contractual. They should have sued for trespass and trespass losses can't be penalties.



The more info you supply the better the defence we can come up with. Pics of signs, letters etc

M1

[mystery1]

Re: Parking Eye Court Claim

You could argue that and you may get somewhere with it or you may not depending on how you present the argument and how receptive the judge is. However you cannot contract to do something you are not allowed to do. There is only 1 circumstance which allows you to park and that is with a permit. No permit - no contract. Pretty much the same as Thurlow above.

M1

[ab2175]

Re: Parking Eye Court Claim

I have a defence typed out. Could I send you a PM and see what you think? Many thanks

[mystery1]

Re: Parking Eye Court Claim

I always put defences in threads. Parking Eye will see it anyway. If you want privacy then VIP will afford some.

I will check it out if you post it.

M1

[ab2175]

Re: Parking Eye Court Claim

I disagree with the claim being made entirely with the following
reasons:-


1. Parking Eye sent a letter on the --/--/-- stating that the
registered driver entered a Permit Only parking area. The signs
are displayed above eye level in the Wigmore Park District Centre
which were not illuminated, and therefore the contract was not
binding as the information on the sign was missed. The photo
clearly shows the headlights switched on the vehicle as it was at
night when the photograph was taken. The car stated was parked for
-- minutes.


2. Parking Eye are claiming for breach of contract, but actual
offence is one of trespass. The car park in question is a permit
only car park. Only the landowner can make a claim for trespass,
but Parking Eye cannot. If the landowner makes a claim for
trespass they can only claim for actual damages. In an empty car
park the damages will be essentially zero.


3. Parking Eye are not the landowner and therefore cannot bring
the claim in there own name. Law states only the injured party can
sue. This is the landowner and not Parking Eye.


4. Parking Eye's charges are for a breach of contract. The law
states that the injured party are not allowed to charge an
arbitrary punitive amount. Therefore can only charge the amount
actually lost. In an empty permit only car park the true
pre-estimate of loss is £0.


5. Under the Unfair Contract Terms Act 1977 the penalty charge
from Parking Eye is disproportionately high considering the
companies loss is £0.

[mystery1]

Re: Parking Eye Court Claim

Some of that is wrong per the VCS case i linked to earlier.

I'll take a better look tomorrow after work or Wednesday on my day off.

M1

[mystery1]

Re: Parking Eye Court Claim

Can you repost the notice please ? And if possible pictures of the signs.

I asked for the other post with the notice to be removed as it had something in it which is best kept private.

M1

[ab2175]

Re: Parking Eye Court Claim

Hi M1,
Reposted notices as requested. Will take pictures of signs and post them asap, however I am sure they have added some more since.county claim edited1.jpgparkeye.jpg

Can you repost the notice please ? And if possible pictures of the signs.

I asked for the other post with the notice to be removed as it had something in it which is best kept private.

M1

[mystery1]

Re: Parking Eye Court Claim

As long as it's permit only you're laughing.

M1

[ab2175]

Re: Parking Eye Court Claim

Hi M1,

Do you think I need to reword my defence then, or just elaborate on it (especially reason 2)?

Thanks

[mystery1]

Re: Parking Eye Court Claim

I'll cobble something up. I was hoping to see the signs first.

What is the date of the claim form? Have you filed AoS yet ?

M1

[Reddog]

Re: Parking Eye Court Claim

Got a £100 ticket so I Emailed parking eye and asked what it was for 4 days later got Email back cancelling ticket. So if ever you get a Ticket question it by Email and read forum very helpful thankyou.

[ab2175]

Re: Parking Eye Court Claim

Hi M1,
Here is a picture of the sign from Wigmore Car Park. Hope this helps
Thanks