Complete Novice - Looking for advice

[mystery1]

Re: Complete Novice - Looking for advice

Send the letter suggested in the link.

M1

[CompleteNewbie]

Re: Complete Novice - Looking for advice

OK, looks like adjourning the case is not an option as it costs £155!!!

So, it seems I'm either going to court or trying to settle. Any advice from the gurus?

As I'm sure I'll lose if I go to court is there any advantage in trying to settle now or should I go ahead and hope Parking Eye does not show up

If I do lose will it cost me more than settling?

[CompleteNewbie]

Re: Complete Novice - Looking for advice

Hi All, one last piece of advice please.

I'm going to try and settle and have composed a email offer. I'd love some feedback on it before I send it. Please see below:

Dear Sirs,

With regards to my hearing next Tuesday, both my defence and your claim relies heavily on the Bavis vs Parking Eye. As I’m sure you are aware the results for this appeal are expected next week and I have been advised that the most probable outcome of the hearing on Tuesday will be an adjournment until the test case judgment is made.


Rather than waste the courts time and keep costs down I have been advised to offer to settle out of court if we can come to a reasonable figure. As I overstayed by 42 minutes I propose £42 and I’m sure you will agree that £1 / minute should more than compensate for any loss of earnings Morrisons might have incurred.

What do you think?

[mystery1]

Re: Complete Novice - Looking for advice

Hi All, one last piece of advice please.

I'm going to try and settle and have composed a email offer. I'd love some feedback on it before I send it. Please see below:

Dear Sirs,

With regards to my hearing next Tuesday, both my defence and your claim relies heavily on the Bavis vs Parking Eye. As I’m sure you are aware the results for this appeal are expected next week and I have been advised that the most probable outcome of the hearing on Tuesday will be an adjournment until the test case judgment is made.


Rather than waste the courts time and keep costs down I have been advised to offer to settle out of court if we can come to a reasonable figure. As I overstayed by 42 minutes I propose £42 and I’m sure you will agree that £1 / minute should more than compensate for any loss of earnings Morrisons might have incurred.

What do you think?

Each to their own. If it makes you happy/content then go or it. I wouldn't but if i wanted to negotiate i'd start lower and build up.

An application only costs £155 if you need a hearing. If a consent order is applied for (both sides agree) then it's £50.

M1

[CompleteNewbie]

Re: Complete Novice - Looking for advice

Hi M1,

Unfortunately Parking Eye would not agree so it would be £155. I sent the email and got a reply - see below.

WITHOUT PREJUDICE, SAVE AS TO COSTS

Dear Mr completenewbie,

Thank you for your correspondence in this matter.

Please note that ParkingEye will be strongly opposing any request for an adjournment at the hearing on 21 April 2015. It is of relevance that the Appeal has been pursued in relation to only one discrete issue; namely, whether a charge for an over stay in a car park is an unenforceable penalty clause and/or unfair contract term.
However, many District Judges have been happy to follow HHJ Moloney QC’s reasoning, and have opined that this remains the most persuasive and recent decision on the matter of penalty in this context.

ParkingEye is unwilling to accept your offer of £42 in full and final settlement of this Claim. We note that your defence is almost entirely based upon a standard, generic template distributed on internet forums to motorists attempting to avoid the payment of Parking Charges. Indeed, you have not provided any satisfactory explanation as to why the terms and conditions were breached at this site on the date of the parking event.

Nevertheless, since you have indicated your willingness to resolve this matter amicably, we are prepared to make you a without prejudice counter offer of settlement. ParkingEye is willing to accept payment of £150 as full and final settlement of this claim, if payment is made before 4pm on 20 April 2015. However, we must make you aware that if payment is not received by this time and date, we will be left with no option but to continue with legal proceedings.

Payment can be made by telephoning our offices on 0844 247 2981 or by visiting www.parkingeye.co.uk, quoting the 12 digit Parking Charge reference 261280/772192 on all payments to ensure correct allocation.

Kind Regards,
ParkingEye Enforcement Team

[mystery1]

Re: Complete Novice - Looking for advice

Take that with you to court.Produce only when asking for costs citing cpr 27.14 2 g which is unreasonable behaviour. It is as clear an example of unreasonable behaviour, imho, as there can be. They seek to rely on a case which is under appeal and due very soon yet won't await the outcome.

I would actually be filing a complaint about the same behaviour with the SRA as i see it as taking unfair advantage of an unrepresented litigant in person.

If money wasn't an issue, i would also file the application and use that letter to get the costs paid by them. Utterly disgraceful.

M1