Complete Novice - Looking for advice

[CompleteNewbie]

Hi Everyone,

This is my 1st experience with the small claims courts and I'm hoping someone can offer me some help and advice.

Last year I overstayed at Morrisons in Camden and received a Parking Notice Charge. I had a quick look in the internet and was advised to ignore it. Next thing I know I received a notice from Northampton country court.

I went back online and found a company called Parking ticket Appeals Limited and paid them £19.95 to write my defence (I can't seem to attach it but can email it to anyone who needs to see it?)

Apparently this did not work as I then got a Notice of proposed allocation to small claims fast track.

They asked if I wanted to have the hearing somewhere else and I said I would prefer St Albans.

On the 5th December i received a Notice of Transfer of Proceedings to the County Court in St Albans.

On the 26th January I received a Notice of Allocation to the Small Claims Track (Hearing) on 21st April 2015.

My question is:

1. I have no legal experience and find this whole system extremely stressful and complicated. Is it worth me going back to Parking Eye and trying to negotiate a out of court settlement?
2. If I do go to court, what is my worst case scenario?

As you can see I'm completely out of my depth here, so any advice would be appreciated. If you need any more info please let me know.

Thanks in advance.

[Amethyst]

Re: Complete Novice - Looking for advice

Hi novice, I've unapproved your attachment as it had your full details visible on it, Mystery1 will still be able to view it though and its likely he'll be the best person to give you a hand with this.

What was the deal with Parking ticket Appeals company - just to help write your defence or do they take you through the whole case ?

Actually ( this really isn't my area) have they gone under now as I can't find anything about them and note your defence was written in Oct 2014 ?

[CompleteNewbie]

Re: Complete Novice - Looking for advice

Ooops, Thanks Amethyst - See I told you I was a novice

Who is is Mystery1?

[Amethyst]

Re: Complete Novice - Looking for advice

It's a Mystery lol.. no he's just best at dealing with parking stuff on here ( this really isn't my area) have the company you used to write your defence gone under now as I can't find anything about them and note your defence was written in Oct 2014 ?


Hearing April 2015 - you should be fine for the moment to see what the court rules in Parking Eye v Beavis which is coming up next week before making any decisions.

[CompleteNewbie]

Re: Complete Novice - Looking for advice

Thanks for caring that up. Should I wait for Mystery1 to contact me or do I contact him directly?

It does look like they have disappeared as their website is down parkingticketappeals.org.uk. Yes, it was from Oct last year - this has been going on since last year.

They charged £19.90 to write my defence and then I had an option to pay them more to to do my court defence but I chose not too.

I watched a show about parking companies last night and they mentioned the bevies case. Am I right tin thinking that if he wins, Parking Eye will drop all their live cases (or is that just wishful thinking?)

[Amethyst]

Re: Complete Novice - Looking for advice

Ahh ok, probably good job you didn't then. M1 will be about later I expect

There's no rush, you're next bit you'd have to do is about 14 days before the hearing is submit a statement and evidence in your case. So I'd say relax for a bit, see what happens over the next couple weeks with Beavis (I couldn't even begin to surmise what will happen there) and then have another think/

It's always a little bit of a scary letter getting the court date through, but you have over a month so no panic Have a browse through other threads in the 'live' and 'concluded' court claims forums in here.http://www.legalbeagles.info/forums/...e-Court-Claims and http://www.legalbeagles.info/forums/...ccessful-Cases

[CompleteNewbie]

Re: Complete Novice - Looking for advice

Wow!, I can't tell you how much better you have made me feel.

Thanks so much for all your help.

I'll wait to hear from M1.

Have a lovely weekend.

[vanman]

Re: Complete Novice - Looking for advice

Hi Everyone,



My question is:

1. I have no legal experience and find this whole system extremely stressful and complicated. Is it worth me going back to Parking Eye and trying to negotiate a out of court settlement?
2. If I do go to court, what is my worst case scenario?

As you can see I'm completely out of my depth here, so any advice would be appreciated. If you need any more info please let me know.

Thanks in advance.

ok this may help you

a case coming to the Court of Appeal next week, regarding a motorist who is contesting an £85 penalty charge, could establish a precedent in law if the motorist wins, meaning others could have a case to get money repaid.

RAC: Millions in private parking penalties 'charged illegally'

http://www.bbc.co.uk/news/uk-31545417

Millions of pounds of parking penalties could have been charged illegally, according to the RAC Foundation.
Penalties for overstays in car parks on private land in England and Wales could in some cases be unenforceable in court, the charity said.
It said the penalties were much more expensive than compensation for a genuine loss incurred by landowners.
But the Independent Parking Committee said penalties are the only protection landowners have against losses.
The foundation also called for the government to ensure that extra parking charges were "reasonable and enforceable" and wants to see its argument tested in court.


http://www.racfoundation.org/assets/...ruary_2015.pdf

[Amethyst]

Re: Complete Novice - Looking for advice

Good And you too xxx

[wales01man]

Re: Complete Novice - Looking for advice

If they lose wait for the Companies to go broke before anyone gets refunds

[CompleteNewbie]

Re: Complete Novice - Looking for advice

I know the case is today but does the judge give a decision straight away or will we have to wait for the judgement?

I have googled "Beavis vs Parking Eye" but I'm just getting links to last years case.

Fingers cross for some common sense justice

[ericsbrother]

Re: Complete Novice - Looking for advice

what is the name of the company taking you to court? If Parking Eye then waiting a day before making a decision on what to say in your defence will be prudent. if another company then the chances of them getting anything right is minimal so you will need to gather a bit of information from several sources.
CPR 31.14 request for evidence to parking co for 1/ sight of contract between them and landowner that assigns the right to make civil claims in their own name. 2/ proof of planning permission for the erection of the signage that offers the contract (whilst you are at it, ask the relevant council if they have PP for the signs under the advertising display signs regs-no PP then criminal act so no contract can be entered into). 3/ a breakdown or schedule of the losses caused by your parking and alleged breach of contract (this is what PEv Beavis is all about, PE want to move the goalposts)
You need a photograph of the signage at the entrance to the car park, this is what forms the contract. If it is unreadable or unintelligible then no contract. If it refers to other signs then it is an invitation to treat and not a contract so again, no contract. Seeing the sign will help us enormously.
Alaso, do you have a copy of the Letter Before Action they are supposed to send you before embarking upon a civil claim? Did you get one?

[CompleteNewbie]

Re: Complete Novice - Looking for advice

Hi Guys,

Any news on the judgment (Beavis vs Parking Eye)? My case is coming up shortly (22nd April) and I'm wondering if I should try and get it adjoined until we know the results.

What do you think?

[mystery1]

Re: Complete Novice - Looking for advice

It might be announced before then but it's unlikely due to Easter break.

http://parking-prankster.blogspot.co...urt-cases.html

I'd ask for it to be stayed.

M1

[CompleteNewbie]

Re: Complete Novice - Looking for advice

Thanks M1.

Sorry for being a newbie, but how do I get a stay? Do I phone the courts?