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parking eye county claim

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  • #76
    Re: parking eye county claim

    and more
    Attached Files

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    • #77
      Re: parking eye county claim

      Sounds perfectly reasonable to me. The one you have just posted is just your witness statement, so you do need to do one from your husband as well ( I am husband of the defendant. ...... I went to the clinic on XXXXXX and took a photograph of xxxxxxxxxxxxx ( exhibit a) ................. and so on

      Just to say on this sign that small print at the bottom ( presumably it is small print not just wibbly lines?) is TOO SMALL.
      #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
        Re: parking eye county claim

        brilliant. thanks Amethyst. just finishing off husbands statement.
        the wibbly lines are small print, about parking eye not being responsible for damage to cars e.t.c

        Comment


        • #79
          Re: parking eye county claim

          I need help with my skeleton argument please, any pointers?

          Comment


          • #80
            Re: parking eye county claim

            Also
            At court do I have to argue the technical points that are bought up in all the cases that I mentioned in the defence?
            im not very confident regarding this as there is a lot to digest and make myself familiar with.
            Also,
            how would it work with me attending the court, am I allowed to speak on my wife's behalf and would I be representing her as a lay representative or as a Mckenzie friend?

            Comment


            • #81
              Re: parking eye county claim

              husbands statement
              Attached Files

              Comment


              • #82
                Re: parking eye county claim

                Originally posted by helpmeplease1 View Post
                Also
                At court do I have to argue the technical points that are bought up in all the cases that I mentioned in the defence?
                im not very confident regarding this as there is a lot to digest and make myself familiar with.
                Also,
                how would it work with me attending the court, am I allowed to speak on my wife's behalf and would I be representing her as a lay representative or as a Mckenzie friend?

                You have a statutory right to act on their behalf ( lay representative)

                Be back later on.

                M1

                Comment


                • #83
                  Re: parking eye county claim

                  thanks m1
                  i cant find some the cases to print on the link you gave.
                  e.g parking eye v mason, parking eye v thomas , parking eye v taylor,
                  p.e v green and p.e v martin
                  have you other links please?
                  can you let me know about the skeleton argument and when your back later.
                  thank you again

                  Comment


                  • #84
                    Re: parking eye county claim

                    Any luck with the links m1.
                    Ive been trying to get a download of these cases but can't find it anywhere.

                    Comment


                    • #85
                      Re: parking eye county claim

                      Those cases won't matter as they are not about a legal argument as such.

                      As i see you are online, can you copy and paste those witness statements as it'll save me time when i suggest amendments.

                      M1

                      Comment


                      • #86
                        Re: parking eye county claim

                        PARKINGEYE LTD 40 EATON AVENUE vs xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

                        CLAIM NUMBER: xxxxxxxxxxxxxx

                        IN THE COUNTY COURT ATxxxxxxxxxxxxxxxxxxxxx

                        “I xxxxxxxxxxxxxxxxxx, THE HUSBAND OF THE DEFENDANT, OF xxxxxxxxxxxxxxxxxxxxxxxxxxxx, xxxxxxxxx, xxxxxxxxxxxxxx SAY AS FOLLOWS:-“

                        1- I AM THE HUSBAND OF THE DEFENDANT, who has put the majority of the time on defending this case. My wife is very nervous and gets very anxious around authority such as the police or courts. She has told me to pay the money to parking eye so she does not have to go to court. I explained to her that this is what parking eye wants and there ploy is to prey on vulnerable people like her, she agrees with me and is fully supportive.
                        2- I took all the photo exhibits myself, by taking time off work and going down to the clinic on the 24-04-2014. While I was gathering photographic evidence I went up to the reception on the first floor where my mother had the appointment and spoke to the lady behind the counter about the parking fines.
                        3- I explained the situation to her about the parking tickets making particular reference to the fact that she received the appointments over the phone and my wife asked if there was disabled parking, but no mention was given about putting car registration in the keypad. I also mentioned that if there is more then one reception then there should be a keypad at every reception. She agreed to my point but said all she could advise is to appeal to the parking company, as this is what everyone did and they would cancel them, as this was what she had seen from other patients that had received fines. I explained that parkingeye have sent court letters and I cannot appeal the fines now. Although I asked them to give me the name of the person or company that hired parkingeye so I can ask them to tell parkingeye to stop court proceedings. I was told that a number of departments use separate floors/parts of the building and they did not have that sort of information. I asked who would and they said they did not know.
                        4- I asked her for some supportive documentation but all they where authorised to provide was the appointment letters, exhibit I and J.
                        5- As I was leaving the clinic I took photos of the ground floor reception to show how the keypad signage and actual keypad is not clearly displayed compared to the size of the reception and can be easily obstructed by patients. Exhibit B shows the sign being printed on an A4 size paper and keypad obstructed by what looks like a desk paper holder. Exhibits C and D show how busy the reception can get and the two ladies with the white bag obstructing the keypad.
                        6- I phoned parking eye on the 9th May 2014 (which is mentioned on an email exhibit K) hoping they would understand the situation and resolve this matter to save a lot of time and effort both ours and the courts but was told that I would have to send it now to court as it was to late. I believe that if parking eye truly wished to solve this matter they could have done before it got to this stage as the court process at every step encourages the two parties to resolve the dispute before it gets to court/hearing. This is the first time I have gone through this court process unlike parkingeye and even I can ascertain that this could have been resolved earlier. After the phone conversation with parkingeye it was clear they wanted to take this to court.
                        7- I then sent several email’s asking for some more time pursuant to cpr15.5 (which I researched on the internet) which they refused. Exhibit K.
                        8- As explained earlier due to my wife’s anxiety I wish to be present at the hearing. In addition she is over three months pregnant and I wont know how she will be feeling on the day of the hearing.

                        “I BELIEVE THET THE FACTS STATED IN THIS WITNESS STATEMENT ARE TRUE.”

                        Mr xxxxxxxxxxxxxx

                        DATE: xxxxxxxxx OCTOBER 2014

                        Comment


                        • #87
                          Re: parking eye county claim

                          PARKINGEYE LTD 40 EATON AVENUE vs xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
                          CLAIM NUMBER: xxxxxxxxxxxxxxx
                          IN THE COUNTY COURT AT xxxxxxxxxxx
                          “I xxxxxxxxxxxxxxxxxxxxxxxxxx, HOUSEWIFE AND CARER, OF xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx SAY AS FOLLOWS:-“

                          1- I AM THE DEFENDANT who received a claim from parking eye ltd for two outstanding parking fines, which I had no prior knowledge of until I received the county court claim form.
                          2- I took my mother on two separate occasions 23-1-14 and 30-1-14 to the local medical clinic which my mother had appointments on the 1st floor at reception 1A. I am a housewife with two children and a carer for my mother as she has a multitude of medical conditions, such as, a mobility disability, incontinence and dementia to name a few.
                          3- The bay I parked in is a disabled bay, and the area around me was a drop off area with maximum free stay car parking for 10 minutes. I later found out after I received a county claim from parking eye that they have a system in the clinic that you have to put the car registration in the keypad in reception to be entitled to extra time in the disabled bay which it says on the signs in the third smallest font on the sign (exhibit H). I did not know about this condition as everywhere I go with my mother has free parking for disabled user’s or at least 3 hours free parking and I did not see the small writing, all I saw was the disabled badge sign as i was assisting my mother out of the car.
                          4- The drop of zone is in front of the clinic with some bays set aside on the side for disabled badge holders. I received my mother’s appointment via telephone, where they told me to come straight upstairs (I don’t have the person’s name, although the person was a female) where they have another small reception (reception 1A on the 1st floor) that deals with the appointments specific to her medical condition and not to bother going to the other reception which is on the ground floor (which is the only place they have a keypad to enter your car registration). I did ask if there is parking for disabled people, on which the lady replied yes. At no time was I told to put the car registration at the ground floor reception either on the phone or when at the appointment. I now have letters for the appointments for the days of the fines (exhibit I and J), which I requested for proof purposes from the clinic. Also the keypad is situated at the far corner of the ground floor reception from the entrance with a small sign above it (which i was told by my husband after he went to the clinic). I remember the ground floor reception being very busy and the amount of people in the queue. I remember this because I thought to myself “thank god” that we don’t have to queue up down stairs. Please see exhibit A which shows how this confusion over parking has made it to the local newspaper. Please also see exhibit B, C and D which shows the ground floor reception queues, signage and position of the keypad taken on the 24-4-14 by my husband). Please note that the two ladies standing to the right of the queue with the white bag in exhibit C and D are standing in front of the keypad.
                          5- Also parking eye’s reply to my defence which was sent on the N9B form on the 17-5-14, shows copies of the signs which are incorrect. Exhibit E shows sign type 1A and exhibit F shows sign type 1B. Exhibit G shows the location plan, I have marked where my car was parked on exhibit G. exhibit H and H.1 which was taken on the 24-4-14 shows the actual signage at the place that I was parked. As you can see it is different. Including my defence which I have already submitted I believe this case should be thrown out on the fact that parking eye don’t have the correct signage-evidence in front of them, which they would need to make a correct decision.
                          "I believe that the facts stated in this witness statement are true"


                          xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
                          DATE: xxxxxxxxxxx OCTOBER 2014
                          Last edited by helpmeplease1; 19th October 2014, 11:17:AM.

                          Comment


                          • #88
                            Re: parking eye county claim

                            parking eye have sent me a whole bundle of paperwork which also now mentions that the signage was wrong.
                            also
                            thay have sent me a redacted copy of the contract, which is unreadable. please see below.
                            also
                            they say the have contacted the small claims mediation but i have not heard anything from them.
                            Attached Files

                            Comment


                            • #89
                              Re: parking eye county claim

                              i forgot this in last post
                              Attached Files

                              Comment


                              • #90
                                Re: parking eye county claim

                                Originally posted by helpmeplease1 View Post
                                i forgot this in last post

                                Do you have the rest of that please ?

                                M1

                                Comment

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