parking eye county claim

[helpmeplease1]

Re: parking eye county claim

Me too.
going to court seems abit daunting!:tinysmile_cry_t:

[mystery1]

Re: parking eye county claim

Lots of people think that. Nobody likes the unknown.

Be strong but don't shout or swear.

M1

[helpmeplease1]

Re: parking eye county claim

Thanks for the encouragement M1.:okay:

[helpmeplease1]

Re: parking eye county claim

Hi M1.
case tomorrow. Have you got anymore tips for me?
im worried that I will have to know the cases I have given in my defence by heart.
Also
will there be someone their to help me with the court procedure? Or will the judge take into account that I'm a lay representative with no court experience and take control and guide me a little.
what do I really need to concentrate on tonight to be ready for tomorrow?

[mystery1]

Re: parking eye county claim

Read and have stuff ready in an organised fashion.

Make sure you mention that as parking eye are relying on Beavis you think a stay is in order pending the appeal. Have Moloneys appeal permission handy which i linked to earlier.

Also ask for costs if it's is postponed and point out you sought a stay from parking eye but they refused/didn't answer and this amounts to unreasonabe behaviour.

http://www.justice.gov.uk/courts/pro...s/part27#27.14

(2) The court may not order a party to pay a sum to another party in respect of that other party’s costs, fees and expenses, including those relating to an appeal, except –

(g) such further costs as the court may assess by the summary procedure and order to be paid by a party who has behaved unreasonably;




If all else fails ask for permission to appeal.

The skeleton argument covers the main issues. You were allowed to park and £100 is because you did not key in to the terminal. It's a penalty which is unenforceable. The hospital/clinic is not a for profit enterprise so it cannot be commercially justified. Parking eye using Beavis is admission it's a penalty.

Good luck.

I'm off to bed but hopefully i'll pop in before you get to court if more help is needed.

M1

[helpmeplease1]

Re: parking eye county claim

Thank you M1.

[mystery1]

Re: parking eye county claim

What happened please ?

M1

[helpmeplease1]

Re: parking eye county claim

sorry M1 for late update. laptop crashed!
parking eye said that they had recieved new documents ( a photocopy of my mothers disability badgs e.t.c) late and wished the judge to count them as admissable, if the judge ruled for them to be added then they requested that they needed time to prepare and requested that the case be heard after the beavis case which he said was scheduled for late February. they asked for cost but the judge refused saying that the hearing was scheduled for 90 minutes and we were done in 10 minutes. they then requested for it to be taken into consideration for the new hearing date, again the judge refused. i also asked for cost but the judge said no because i should have given the paperwork 14 days prior to the hearing.
the judge did make the point that the stay was for the time parkingeye needed to prepare the case due to the new evidence and not because of the beavis case.
p.s the judge seemed reluctant for me to speak on my wifes behalf, and i had to make the point that i had also given a witness satatement which stated that i had taken the lead for the moment my wife received the ticket to this point in court.
i was surprised that parkingeye wanted to stay yhe judgement themselves. do you you think they thought they would lose the case if the new evidence was allowed, and hedged their bets on the beavis case???

[mystery1]

Re: parking eye county claim

Well we kind of got what we wanted. I'm a bit confused about why but never mind. Did they say when the stay was until or is it until a date or is it when PE let the court know they are ready ?


The Judge clearly was against you so to get out is a bonus. Hopefully we'll get a more knowledgeable judge next time.

You have a statutory right to present the case as long as your wife is with you. Practice direction 27 is very clear on that point.

http://www.justice.gov.uk/courts/pro.../pd_part27#3.1


3.2
(1) A party may present his own case at a hearing or a lawyer or lay representative may present it for him.
(2) The Lay Representatives (Right of Audience) Order 1999 provides that a lay representative may not exercise any right of audience:–
(a) where his client does not attend the hearing;
(b) at any stage after judgment; or
(c) on any appeal brought against any decision made by the district judge in the proceedings.
(3) However the court, exercising its general discretion to hear anybody, may hear a lay representative even in circumstances excluded by the Order.
(4) Any of its officers or employees may represent a corporate party.


I'm not sure why PE did ask for a stay to be honest. I'm pretty sure it wasn't because you sent in a blue badge though.

M1

[helpmeplease1]

Re: parking eye county claim

the p.e counsel said that if a new hearing date is given then they might aswell wait for the beavis case to be heard so suggested late march to the judge.
im confused why p.e wanted a new hearing date after the beavis case. they must feel confident that they will win the appeal!
regarding the disability badges (this was said before the hearing outside) he said that alot of new evidence was given that was not in the previous defence. i mentioned that an email that was sent in May to P.E stated that she was a disabled badge holder so parking eye had previous knowledge of this). i then suggested to him to read his file.
also he said regarding the letter i sent them regarding a stay, he tried to point out that the appeal was only on the issue of the penalty and nothing else, also the case i had quoted in defence were couny court cases and not binding. i pointed out that so were some of his and the beavis case that they were heavily relying on was also in the county court albeit a test case and hhj maloney said he had no higher authority to go by, hence the appeal. ( i hope i was talking some sense).
i am surprised that the judge did not point out that the paperwork arrived at p.e 4 days late (if you minus the two days fo saturday and sunday) only two days late. and the fact thay have a legal team they still had 10 days to get their fingers out their arsxs.
he also suggested after the hearing that if the beavis case is upheld on appeal that i should phone P.E about doing a deal. my reply was if the beavis case is not upheld would P.e call me, on which he said 'i dont know'

[mystery1]

Re: parking eye county claim

Sounds like you did fine. They should struggle in Beavis but you never know how 3 wigs will react. It would changes many many years of previous case law on penalties to uphold Beavis but it would also ruin an industry so they may find a way.

You spoke sense which is probably why they weren't smiling.

We'll just have to await the outcome.

M1

[helpmeplease1]

Re: parking eye county claim

thanks M1
i would like to say thank you for the help you have given me through this whole ordeal. i have a bit of time now to concentrate on other things (expecting my third child) but will keep you posted on any new developments.
once again thank you.

[des8]

Re: parking eye county claim

but it would also ruin an industry
M1

Hey M. What industry? lol
Industry is the production of a good or service within an economy

[bizzybob]

Re: parking eye county claim

Hey M. What industry? lol
Industry is the production of a good or service within an economy

Well it is an industry, insofar as it creates and manufactures MISERY.

I just hope the Beavis case goes against the enforcers, and the parking scrams are killed off.

[helpmeplease1]

Re: parking eye county claim

hi m1
its been along time.
i was just wondering what the outcome of the beavis case was. and how does this affect my case??