Parking Eye problems

[Raley]

Re: Parking Eye problems

Hi M1

For the record, I received this morning a Notice of Transfer of Proceedings to my local County Court. I now await a Notice of Allocation...!

LBPUP

[maxdipat17]

Re: Parking Eye problems

I appealed and they made it unsuccessful, then I appealed to POPLA and I won and saved £100.


I won on the basis that their losses did not justify their charge of the £100......fight fight fight but your reasons have to be right.....read the POPLA site thoroughly. POPLA are great. A light of reason in the darkened and greedy world of parking.... Gud luck. :-).


A proud fighter...

[Raley]

Re: Parking Eye problems

Hi M1, I have today received a "Reply to Supplementary Defence" from PE. You will see that they are not a little agitated at the fact I am taking advice from an online forum...! They have also requested that I make an application to to the court to amend my defence if I wish to submit any further documentation... I will copy these to you ASAP.

Happy Christmas to you!

NB: Grateful for the encouragement from maxdipat17!

LBPUP

[mystery1]

Re: Parking Eye problems

LOL what clowns.


1. The defendant has not amended his defence, merely responded to points the claimant makes in order to clarify the issues. The defendant has always said yes to mediation and suggests that Popla is the best avenue for this.

2. The defendant is confused. A contract is an agreement. If the parking is unauthorised there is no agreement. The claimant appears to agree with the defendant. The claim should therefore be discontinued.

3. If a contract exists, which is denied, the inclusion of the BPA logo, implies that any BPA code of practice is adhered to. This would be an implied term of contract. The claimant has also stated several times during these legal proceedings that they comply with the code of practice. The admission here is both surprising and undermines the whole case of the claimant.

4. The defendant would like to see the actual contract. No admission is made until such time.

5. This needs checking regarding Sharma. Phone the court and enquire.

The defendant relies on previous statements regarding the witness and his statement.

8. If people are anonymous how does the claimant know where they work ?

The claimant is aware of losing 3JD04791 ParkingEye Ltd -v- Paul D Heggie at Barnsley Court 13/12/13
ParkingEye v Rogers Case Number: 3JD00565 at Colchester County Court 6/12/13
3QT62681 and 3QT62156 at Southampton County Court (ParkingEye v Lemon, and PE v Harris). 6/12/13
ParkingEye v Gardam Case No: 3QT60598 High Wycombe County Court 14 November 2013

ParkingEye v Walkden 3QT52338 Barrow in Furness, July 16 2013.
ParkingEye v Sharma. Case No. 3QT62646 in the: Brentford County Court 23/10/2013
ParkingEye v R. Lomax 22/07/2013 3QT51179
ParkingEye v Scott 17/07/2013 3QT33300

Amongst others and they have discontinued many more. The submission of the claimant is wrong.


9. Please email them to xxxxx



M1

[mystery1]

Re: Parking Eye problems

http://parking-prankster.com/court-claim.html

Download the free Legal Arguments to use in a ParkingEye Court Claim then scroll up and use help - resources - case law where you'll find Sharma and Gardam amongst others.

Saves me typing up some easier guide to the issues to help better explain most of the defence.

M1

[Raley]

Re: Parking Eye problems

Hi M1,

Apologies for not responding sooner...! I tried to contact Brentford County Court re the Sharma case but have not been able to get through by phone and had no response to my email. However, your link above to the case file is very helpful and does seem to differ from the version provided by PE in their last response.

As I have not yet sent my response that you kindly drafted above, please could you advise me as to where/to whom I should send it as the case was transferred from Northampton to Portsmouth?

[mystery1]

Re: Parking Eye problems

POrtsmouth would be fine.

Do you have a date yet ?

M1

[Raley]

Re: Parking Eye problems

No date as yet. Will let you know as soon as I hear more.

No satisfactory response from landowner sadly - merely suggested contacting PE via their enforcement email address to "discuss case prior to court"! Maintaining good client relationships is obviously not his thing!

I think I shall drop any response to para 5 in the draft reply above as will be able to provide case details on the day.

Prankster's link is excellent by the way. Do please let him have any copies he might find useful e.g. the witness statement

VMT

LBPUP

[Oliver Robotcoupe]

Re: Parking Eye problems

Hi guys,

received a PCN from Parking Eye in Dec 2013 from a Motorway service station on the M74 in Scotland.
Using some great of the advice I gleaned from this forum I have appealed the case.
I posted a copy of my appeal letter and emailed it too. While never referring to myself as the driver of the vehicle. (it belongs to my company)
I also requested a popla code.

I have now got a letter stating they require the details of the driver before they can proceed any further and did not provide the popla code.

I have no intention of telling them I was the driver, my company now is putting pressure on me to pay.

Does anyone have any thoughts on where I should go from here?
Can they do anything with out the drivers details?

[CleverClogs]

Re: Parking Eye problems

received a PCN from Parking Eye in Dec 2013 from a Motorway service station on the M74 in Scotland.

The law making the registered keeper liable under certain circumstances does not apply in Scotland.

Using some great of the advice I gleaned from this forum I have appealed the case.
I posted a copy of my appeal letter and emailed it too. While never referring to myself as the driver of the vehicle. (it belongs to my company)
I also requested a popla code.

I know it's fun, but don't you realise it's a bit cruel to tease them like that?

I have now got a letter stating they require the details of the driver before they can proceed any further and did not provide the popla code.

Refer them to the celebrated retort in the (unreported) case of Arkell v Pressdram. (link)

I have no intention of telling them I was the driver,

Good for you - there is no obligation for you to tell them anything.

my company now is putting pressure on me to pay.

Why? The company will not be liable as the misnamed Protection of Freedoms Act 2012 (link) does not apply in Scotland.

Does anyone have any thoughts on where I should go from here?

You could go to the khazi, squeeze out a jobby and wipe yer erse on their letter. :grin:

Or you could just tell them "Awa' an' bile yer tatty heids, yer daft clooties!" :rofl:

Can they do anything without the drivers details?

There's not a damn thing they can do in Scotland.

[Raley]

Re: Parking Eye problems

Hi M1,

I have just received an email from the ParkingEye Enforcement Team in response to my last missive enclosing copies of 28 different transcripts i.e. those requested plus, they say, some of their recent cases...! They must love their job, bless em!

I have just emailed the link to you. I think I am suffering from PE indigestion...

As ever, very grateful for your advice!
:beagle2222:

[mystery1]

Re: Parking Eye problems

I may be some time

M1

[mystery1]

Re: Parking Eye problems

It's only case law nothing to reply to.

Read the "all transcripts" which is PE wins. You can spot the errors these people made which should focus your mind. Don't get depressed about the losses though most of them were ages ago and the tide is turning particularly when people are better advised.

M1

[mystery1]

Re: Parking Eye problems

It's not a one way street though, in case that file depressed you

http://forums.moneysavingexpert.com/...4&postcount=65

http://parking-prankster.blogspot.co...verturned.html

http://forums.pepipoo.com/index.php?...dpost&p=918025

M1

[mystery1]

Re: Parking Eye problems

http://parking-prankster.blogspot.co...t-donated.html

M1