Parking Eye

[bri1972]

Hi everyone
This is my first post and I've got a big ask.
We have received a court claim from Parking Eye and acknowledged it via MCOL online and it's been allocated to our local court. Yesterday we recieved a date for hearing of March 29th. Papers as to be in by 5th March to courts and parking eye. This is where I will come undone as I haven't got a clue. I know it's a big ask but how do i write a defence good enough to submit to the courts.

[mystery1]

Re: Parking Eye

To get to allocation you must have entered a defence of some sort ?

Post up the claim form, defence so far, signs, notices etc minus reg number, name, addresses etc but leave dates in.

M1

[bri1972]

Re: Parking Eye

This is my partial defence so far that I entered online.

I dispute the entirety of the claim

2. parkingeye did not send me a letter before claim which was compliant with practice directions. As a result the parties have not been able to able to complete the exchange of information needed for me to file my full defence and have not been able to complete Alternative Dispute Resolution.
3. ParkingEye have not filed enough information in the particulars of claim to establish a cause of action. They have not indicated whether the claim is for a contractual charge, breach of contract or trespass, although the wording ‘parking without authority’ indicates it is for trespass. They are not the landowner and have not established under what authority they bring the claim. In addition to this I have requested sight of the contract with the landowner under CPR 31.14. To date I have not had a response even though I have proof that the request as been recieved and signed for.
4. I therefore request the claim is stayed until ParkingEye provide full particulars of claim.
5. Parking cases explore complex areas of law. I estimate that any hearing will need between a half day to a day to hear all the issues.
6. ParkingEye never attend court personally, but use an advocate from LPC Law who offer a fixed fee service for around £250 for a 3 hour hearing (ParkingEye can confirm the exact amount) or more if the hearing is longer.
7. It is clear therefore, that as legal costs are not normally reclaimable in the small claimsicon court that ParkingEye have no sensible financial basis for pursuing this claim as they will make a loss, whatever the result. Moreover, this case will take a great deal of the court’s time.
9. After parking eyeicon initial letter i reqursted an appeal via POPLAicon this as been ignoredicon and no reply to date even though its outside their 35 day remit.
10 I would prefer to use the Alternative Dispute Resolution rather than waste the courts busy schedule.
11. As parking eye have failed to supply documents under CPR 31.14 that supposrt a claim to enter into a contract or show any evidence of locus standi it is impossible to submit a full defence at this time.

[bri1972]

Re: Parking Eye

This is the claim form I will do photos of signs later

[mystery1]

Re: Parking Eye

Have parking Eye mentioned Beavis to you ?

Your defence is more a rant than a defence. I'd try and get a stay pending the result in Beavis http://parking-prankster.blogspot.co...urt-cases.html and hope you get a free chance to do a proper defence.

You could make an application to amend it but the cost is prohibitive for a claim of this size and you could probably negotiate with Parking Eye to settle for £50 !

M1

[bri1972]

Re: Parking Eye

I am able to ammend my defence as i noted that until parking eye provide full details i was unable to make a full defence. I read that off parking pranksters book i purchased