Parking Eye letter to the court

[Bodge]

Hello,
I am about to send a letter and photographs to my local court contesting that a contract existed.
I have also included unjust enrichment by using ANPR, should I leave this in.
Or has should I upload my redacted letter to this thread for advice?
Many thanks..

[mystery1]

Re: Parking Eye letter to the court

Certainly a few details would help. Unjust enrichment would be if there is already a payment, perhaps an hourly fee, and they are still charging the full penalty.

M1

[Bodge]

Re: Parking Eye letter to the court

Certainly a few details would help. Unjust enrichment would be if there is already a payment, perhaps an hourly fee, and they are still charging the full penalty.

M1

To PE
This signage shows the of the terms of parking and describes the tariffs for parking this is also evident in your company name and branding ‘Parking Eye’. To monitor parking.
The dictionary definition of parking;
To stop and leave (a vehicle) temporarily: Collins English Dictionary
Leaving a vehicle in a particular place for a period of time: Cambridge University Press
The signage at carpark clearly indicates the area is for parking, other terms which you refer are not clear, as you enter the carpark, the text is too small, and when in the carpark its self, other terms, which may incur a charge, are not discernible. See enclosed photographs.
When I entered the car park my intention was not to park my vehicle. Considering the offer from the large lettering on the signage and supported by your company name and branding ‘parking eye’ as a basis to a formation and agreement of a contract to park which I did accept or consider the offer made.
If there were a charge for waiting, had this offer been as visible as the offer of parking I would have considered a charge for waiting unacceptable and not accepted the offer.
Any reasonable person entering the location would consider the offer on the signage to park a car, not a limited waiting area which will incur a charge.
Ifa reasonable person entered the same area not intending to park and merely wait this person would reach the same conclusion from your signage that this was a car park. Other terms are not clear on entering, this is a place accepted by society as a place to take a vehicle to park, see definition above.
And this is not visible from a vehicle waiting in the car park, If I had left the car to read the signage I would have parked my vehicle.
I have never been charged for waiting other than when I visit an airport and most use a barrier to control vehicles which clearly demonstrates to the driver that there will be charge.
I doubt that I have been the only person having to go through this process, as society is not used to using new ANPR technology to enforce unclear terms. By using this to enforce a charge on a society which is accustomed to the accepted terms of using a car park, a barrier or parking attendant use of this new technology and equipment may be perceived as unjust enrichment on your part.


should I remove the reference in the last sentence regarding unjust enrichment.. or add or remove other aspects.

many thanks..

[des8]

Re: Parking Eye letter to the court

Whilst Mystery will be back to advise you more fully, I'm afraid the dictionary definitions of "parking" will be of no help to you.
A better definition of parking comes from Road Traffic Regulation Act 1984 ss32-63 where it states (sec 32(4)b) that"parking place" means a place where vehicles may wait.
Parking and waiting are the same in that it is what the vehicle does that is important, not the occupants.

[Bodge]

Re: Parking Eye letter to the court

Whilst Mystery will be back to advise you more fully, I'm afraid the dictionary definitions of "parking" will be of no help to you.
A better definition of parking comes from Road Traffic Regulation Act 1984 ss32-63 where it states (sec 32(4)b) that"parking place" means a place where vehicles may wait.
Parking and waiting are the same in that it is what the vehicle does that is important, not the occupants.

thanks for the reply, I did not know that parking was the same as waiting.. I guess it will be best to take this out.

[mystery1]

Re: Parking Eye letter to the court

What stage in the process are you at ?

Can you post up the pcn and any letters etc (suitably sanitised)

M1

[Bodge]

Re: Parking Eye letter to the court

What stage in the process are you at ?

Can you post up the pcn and any letters etc (suitably sanitised)

M1

Hi I am waiting for a hearing date,
Background, on family holiday in Cornwall last year, went into car park, weather was poor, stayed for 34min.
ignored PE letters till the court letter.

[mystery1]

Re: Parking Eye letter to the court

What's your defence, the one you sent to the court ?

M1

[Bodge]

Re: Parking Eye letter to the court

Hi I am waiting for a hearing date,
Background, on family holiday in Cornwall last year, went into car park, weather was poor, stayed for 34min.
ignored PE letters till the court letter.

Hi M1,
Thanks for your reply,
It was a hand written reply to the court, see attached.

[mystery1]

Re: Parking Eye letter to the court

It's not the greatest defence in the world as it doesn't really go in to penalties etc.

Having said that if you can persuade the court that the signage is not adequate you'll win.

You have admitted to stopping for a while and not many judges are going to accept you weren't parked although the mentioning of bad weather is helpful in that it makes it less likely that an average person should have seen the signs.

Have they mentioned Beavis ? If so you're best bet is to request a stay as in http://www.legalbeagles.info/forums/...577#post549577

M1

[Bodge]

Re: Parking Eye letter to the court

It's not the greatest defence in the world as it doesn't really go in to penalties etc.

Having said that if you can persuade the court that the signage is not adequate you'll win.

You have admitted to stopping for a while and not many judges are going to accept you weren't parked although the mentioning of bad weather is helpful in that it makes it less likely that an average person should have seen the signs.

Have they mentioned Beavis ? If so you're best bet is to request a stay as in http://www.legalbeagles.info/forums/...577#post549577

M1

Hi M1,
thanks so much for your advice and time,
I think I will sleep on the decision of which to choose...

will most likely go with your recommendation of the supreme court determining this
thanks again.
B

[Bodge]

Re: Parking Eye letter to the court

Hi M1,
thanks so much for your advice and time,
I think I will sleep on the decision of which to choose...

will most likely go with your recommendation of the supreme court determining this
thanks again.
B

Hello M1,
may I ask your advice again,,
I received a letter today from my local court giving a date, can I still send the letter requesting the court utilises it's case management powers and makes a case management decision of it's own volition to stay the above case pending the decision of the supreme courtthanks
B

[mystery1]

Re: Parking Eye letter to the court

Yes.

You do need to keep going unless you are told otherwise though.

M1

[Bodge]

Re: Parking Eye letter to the court

thank you again M1
B

[Bodge]

Re: Parking Eye letter to the court

hi again ..
will need to send a copy of this letter to PE?

thanks B