parking eye county claim

[helpmeplease1]

Re: parking eye county claim

here's the rest

[mystery1]

Re: parking eye county claim

1. On xxx My wife, xxxx, the defendant, received and showed myself a parking charge notice from Parking Eye.


2. My wife discussed this with me at the time and we decided due to the nature of it that we would fight the charge as we felt it was wrong. We agreed that I would take the lead as she is very nervous about such matters.


3. Having researched the matter I told her to ignore them based on the perceived wisdom on several parking websites and on BBC watchdog which led me to believe they were unenforceable penalties which were best ignored.


4. After a few letters my wife received this court claim.


5. On 24/4/14 I took time off of work and visited the Clinic where the parking event took place with a view to gathering evidence. I took various pictures. Exhibits xxxxxxxx


6. I also spoke with the receptionist regarding the matter. She indicated this was relatively common and advised to appeal. I informed her that court papers were issued and she said there was nothing she could do. She provided copies of the clinic appointment letters exhibits xxxx. 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 could not help further.


7. 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 x shows the sign being printed on an A4 size paper and keypad obstructed by what looks like a desk paper holder. Exhibits xxxx show how busy the reception can get and the two ladies with the white bag obstructing the keypad.


8. 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.


9. Upon further research I discovered that there was what appeared to be a pretty significant case in Cambridge due to be handed down any day. Parking Eye v Beavis & Wardley.


10. On xxx I wrote to the claimant asking for an extension to the period for filing a defence pursuant to CPR 15.5 for a period of 28 days so that my wives defence could consider the Beavis case. I felt we had a duty to do so given the over riding objective of the court rules (cpr 1.1 and my wives duty 1.3)


10. On xxxx the claimant informed me that they refused to extend the period for filing a defence.


11. I entered my wives defence on xxxx as it was due by 17/5/14.


12. I became aware on or about xxxx that the judgement was handed down on 19/5/14 in the Parking Eye v Beavis & Wardley case.


13. On or about xxxxx a reply to defence was received which relied heavily on Parking Eye v Beavis & Wardley.

14. I became aware on or around xxxxx that Mr Beavis had decided to appeal which was allowed by HHJ Moloney QC. Exhibit xxxx

15. I searched the internet for the date of the Beavis appeal and it appears to be listed for February 2015.



Make sure dates are as near as possible and exhibits marked correctly.

http://nebula.wsimg.com/b0131d1d8d5f...&alloworigin=1

M1

[mystery1]

Re: parking eye county claim

1. On xxx My wife, xxxx, the defendant, received and showed myself a parking charge notice from Parking Eye.


2. My wife discussed this with me at the time and we decided due to the nature of it that we would fight the charge as we felt it was wrong. We agreed that I would take the lead as she is very nervous about such matters.


3. Having researched the matter I told her to ignore them based on the perceived wisdom on several parking websites and on BBC watchdog which led me to believe they were unenforceable penalties which were best ignored.


4. After a few letters my wife received this court claim.


5. On 24/4/14 I took time off of work and visited the Clinic where the parking event took place with a view to gathering evidence. I took various pictures. Exhibits xxxxxxxx


6. I also spoke with the receptionist regarding the matter. She indicated this was relatively common and advised to appeal. I informed her that court papers were issued and she said there was nothing she could do. She provided copies of the clinic appointment letters exhibits xxxx. 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 could not help further.


7. 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 x shows the sign being printed on an A4 size paper and keypad obstructed by what looks like a desk paper holder. Exhibits xxxx show how busy the reception can get and the two ladies with the white bag obstructing the keypad.


8. 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.


9. Upon further research I discovered that there was what appeared to be a pretty significant case in Cambridge due to be handed down any day. Parking Eye v Beavis & Wardley.


10. On xxx I wrote to the claimant asking for an extension to the period for filing a defence pursuant to CPR 15.5 for a period of 28 days so that my wives defence could consider the Beavis case. I felt we had a duty to do so given the over riding objective of the court rules (cpr 1.1 and my wives duty 1.3)


10. On xxxx the claimant informed me that they refused to extend the period for filing a defence.


11. I entered my wives defence on xxxx as it was due by 17/5/14.


12. I became aware on or about xxxx that the judgement was handed down on 19/5/14 in the Parking Eye v Beavis & Wardley case.


13. On or about xxxxx a reply to defence was received which relied heavily on Parking Eye v Beavis & Wardley.

14. I became aware on or around xxxxx that Mr Beavis had decided to appeal which was allowed by HHJ Moloney QC. Exhibit xxxx

15. I searched the internet for the date of the Beavis appeal and it appears to be listed for February 2015.



Make sure dates are as near as possible and exhibits marked correctly.

http://nebula.wsimg.com/b0131d1d8d5f...&alloworigin=1

M1

Mmmm. Just about to start you wives. Did you get anything before the court papers or not ?

M1

[helpmeplease1]

Re: parking eye county claim

i received the penalty notices from parking eye but ignored them "due perceived wisdom on several parking websites and on BBC watchdog",
other then that i received the reply to my defence and then again another bundle of paperwork which also included parking eye statement and exhibits.

[mystery1]

Re: parking eye county claim

Your wife knew about them though, right ?

It's just her witness statement says otherwise and i want them both to be as accurate as possible. If they contradict each other it'll make it harder to convince a judge you should win.

M1

[helpmeplease1]

Re: parking eye county claim

she knew about them. but i told her to ignore them

[mystery1]

Re: parking eye county claim

I am xxxxxxxxxx a houswife.
1.I am the primary carer for xxxx who has condition a, b, c etc (name them all )
2.I am registered keeper of motor vehicle ab01 xxx
3.On I drove xxx to xxxxxx for a pre arranged appointment on xxxxx. Exhibit xxx
4.I also drove xxxx to xxxxxx for a pre arranged appointment on xxxxx. Exhibit xxx
5.Both appointments were on the 1^stfloor and we had to book in at reception 1a.
6.I parked in a designated disabled bay with a blue badge on display.
7.I only discovered some weeks afterwards that I should have entered my registration number at a terminal on another floor which I did not know and did not see on these visits. Upon further investigation I have now seen this information which is in very small font. I did seethe disabled sign and thought it was ok to park.
8.I now know I was ok to park having subsequently seen the signs but only upon entry of my vehicle registration number.
9.The disabled spaces are surrounded by a drop off zone.
10.I was informed, on or around, xxxxxx via telephone that my mother had an appointment on xxx at xxxxx. I was told to go straight upstairs to the relevant department and bypass the ground floor reception where I now know the car park terminal computer is located.
11.I asked the caller if there was disabled parking and was told there was.
13.On both occasions the ground floor had queues as best as I can recall as we were glad we didn't have to queue there.
12.My husband obtained letters to confirm these appointments and showed me to check they were correct. I agreed they were. Exhibitsxxxx
13.I have since read about many complaints in the local paper regarding this clinic and parking. Exhibit xxxx


M1

[mystery1]

Re: parking eye county claim

You need to get these witness statements and exhibits sent immediately as you are late already !


Also send to the court (attach the document i posted earlier written by HHJ Moloney):-

To the court manager


ParkingEye are relying on the case of ParkingEye v Beavis and Wardley. However, HHJ Moloney recognised there was no higher case law backing his judgment and therefore gave leave to appeal. I enclose a copy, which shows his thoughts clearly. Paragraphs 1a to 1c of his judgment also go into more detail. This case is now being appealed to the court of appeal.


Several subsequent hearings have been adjourned on the day, after the leave to appeal was brought to the judge's attention.


I therefore ask whether the court can use their discretionary case management powers to adjourn this case until after the appeal is held. This will save court resources and also the time and money of both myself and ParkingEye.






I would also ask Parking eye to agree to stay the case pending the appeal. They probably won't but if it gets stayed at the trial you can say Parking Eye were unreasonable in refusing your request and have a better chance of having costs of the adjournment awarded against them.

M1

[helpmeplease1]

Re: parking eye county claim

got it done and checked.
The court is local to me shall I post it through there letter box today? or do Wait till tomorrow and get a signature that it has been delivered by hand. The traffic is horrendous in the morning and I have to be at work by 9.30?
thank you so much For your time and effort on the statements

[mystery1]

Re: parking eye county claim

Tonight is fine. Phone them to confirm receipt. Don't foget Parking eye need them too.

Will get to the skeleton tomorrow. (no deadline for this but the sooner the better to let the judge read it)

M1

[helpmeplease1]

Re: parking eye county claim

will post tonight for court and first thing tomorrow for P.E.
will wait for skeleton.
thanks M1

[helpmeplease1]

Re: parking eye county claim

All done m1.
i put the the letter for the court manager in with all the paperwork for the court only. Is this ok?

[mystery1]

Re: parking eye county claim

All done m1.
i put the the letter for the court manager in with all the paperwork for the court only. Is this ok?

Should be fine. You did ask PE to agree a stay too though, right ?

M1

[helpmeplease1]

Re: parking eye county claim

No. I only put the letter for the court manager in the paperwork for the court.
oops! Should I also have sent it to parking eye too?

[helpmeplease1]

Re: parking eye county claim

I can do this right now if needed.