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PARKINGeye wrong address at county court claim stage

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  • #76
    Originally posted by Happygoodman View Post
    Okay. Mediation over. I have asked for evidence that we left 35 mins later than we did. If we did I still think that £175 fine is excessive for 35 mins overstay, however I realize that we are in the Beavis case territory which I think was £85? Yes we bought a ticket for what was clearly 4 hours but I could argue that the contract was not clear about exceeding that amount? See pic. My apologies for being stubborn but do I have a case here?
    What on earth is that, its appalling if thats the only sign on site, its dog eared and tattered. Is that all there was on the site?
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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    • #77
      More on posts 29 and 30 https://legalbeagles.info/forums/for...71#post1456471
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #78
        Click image for larger version

Name:	D6239269-A996-4C9E-A30F-45EAF3407879.png
Views:	1
Size:	442.3 KB
ID:	1464100 This one particularly informative

        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment


        • #79
          No. Two.in tunnel you could barely see, one at the back wall as you drove in that a van covered and one at the back of the carpark half covered with trees. And another one facing the wrong way by machine as you drove in with a warning 5 mins or £100 fine. And another facing the pub so you can't see it and another lingering in darkness on a wall by the machine. I have pictures on thread.

          Comment


          • #80
            The one above you put in by Amethyst couldn't see at all when driving in. And when we parked, cars obscured it. The dog eared one was the nearest to our left.

            Comment


            • #81
              Originally posted by Happygoodman View Post
              Have not said thank you for all your invaluable support. Will go away and research for a while and come back.
              Apologies if I've missed it, but could you post up their Particulars of Claim? (Suitably redacted.)

              (Btw, I was out all day yesterday.....sitting in on a parking case.)
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #82
                With pleasure and thank you once again for your fast reply yesterday. I panicked a bit but won't again.The defence was done in a blind rush but thankfully I mentioned poor signage (one difference from Beavis amongst many). Also, if we did overstay 35 mins -Cargius Case?

                Particulars of Claim
                Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, issued xxxxx for parking on private land in breach of the terms and conditions (the contract). PE's automated number plate recognition system, monitoring xxxxxxx, captured vehicle xxxxxx entering and leaving the car park without a valid parking ticket. The signage, clearly displayed at the entrance and throughout the car park, states that this is private land, is managed by PE Ltd, and is a paid parking site, along with other T & C's by which those who park on site agree to bound. In accordance with the T & C's set out in the signage, the Parking Charge became payable. Notice under the Protection of Freedoms Act 2012 has been given under Sch 4, making the keeper liable. This claim is in reference to Parking Charge
                ​​​​​​xxxxxxx

                Comment


                • #83
                  Yep, usual robo-claim nonsense.
                  It doesn't address your particular case at all....it's just a generic templated claim with some details (vehicle, times etc) added.

                  The signage, clearly displayed at the entrance and throughout the car park,
                  I'd bet my *shirt that they haven't sent anyone to the site to check this.
                  Your pics tell a very different story.

                  (* It's one of my favourite shirts & all!)
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #84
                    Which has had an effect on the whole progress and the original rushed defence.
                    can I get them on this? Ive tried looking online but can't find anything on a vague and possible misleading statement.

                    Comment


                    • #85
                      Originally posted by Happygoodman View Post
                      Which has had an effect on the whole progress and the original rushed defence.
                      can I get them on this? Ive tried looking online but can't find anything on a vague and possible misleading statement.
                      If it progresses any further, you'll no doubt submit a Witness Statement, so it could be massaged into that.
                      You could just mention it at the hearing, but you might run the risk of the case being adjourned, as the other party probably wouldn't be able to answer the question 'off the top of their heads'.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #86
                        Originally posted by pt2537 View Post

                        ...........its dog eared and tattered.
                        Oh
                        You've seen my dog then?



                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #87
                          Hi! Quick question: Amethyst put one of my photos up a few posts back saying 'this one is particularly informative'. Apart from the fact that the information is the wrong way around when you drive in and that you can't see it from.the parking space- is there anything that i've missed here? Just wondered what Amethyst meant.
                          ​​​​

                          Comment


                          • #88
                            Amethyst
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #89
                              Hi! Have posted Amethyst thank you.
                              I have received a Notice of Transfer of Proceedings from the court.
                              I have quite a few questions:

                              What is the usual time after this until I go to court?
                              Because of their vague Claim, I now don't need one of the witnesses (who is a child): can I withdraw them?
                              Can you make your defence 'case' again (kind of) through the witness report-as the witness was the driver and could be clearer?
                              Also, when we entered the car park, there was a sign to the right but this was easily missed as the turning was quite sharp and in a tunnel. There is nothing warning us that there was a camera in the tunnel (is this illegal not to warn about camera?) Also, were not sure this was part of pub that we thought we driving into. See pic below. What do you think of this picture?

                              My apologies for so many questions!


                              Attached Files

                              Comment


                              • #90
                                Hi

                                Amethyst is off forum until 25th May.
                                CAVEAT LECTOR

                                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                                You and I do not see things as they are. We see things as we are.
                                Cohen, Herb


                                There is danger when a man throws his tongue into high gear before he
                                gets his brain a-going.
                                Phelps, C. C.


                                "They couldn't hit an elephant at this distance!"
                                The last words of John Sedgwick

                                Comment

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