Parking Eye PCN - Help with defence

[cassas00]

Re: Parking Eye PCN - Help with defence

defence pages 11-13

[mystery1]

Re: Parking Eye PCN - Help with defence

Beavis is going to be 2 weeks at least as the courts are on Easter break. The defence is due to be lodged by 11/4/15 based on an issue date of 9/3/15 and the AOS having been filed.

What i would do is ask for an extension to the period for filing your defence.

Dear Parking Eye,

As you will no doubt be aware the last date for filing a defence in this case is 11/04/15. You will also be aware that the Parking Eye v Beavis court of appeal judgement is due soon. In light of this i would seek your agreement pursuant to CPR 15.5 that the defence filing date be extended to 09/05/15 being the maximum allowed.

It makes no sense to rush matters before the handing down of Beavis as the arguments would need changing which would incur time and expense for all parties and the court which is contrary to the over riding objective. I note that Parking Eye popla appeals are being held over for this exact reason.

Yours etc


If they fail to agree your request, which they probably will, i will be off work on 7th and 8th so can do the defence then and it also helps raise unreasonable behaviour on the part of the claimant which could help with costs further down the line.

M1

Was this sent ?

M1

[cassas00]

Re: Parking Eye PCN - Help with defence

Yes, they returned it with the rest of the documents

[mystery1]

Re: Parking Eye PCN - Help with defence

Dear Court manager,

In the case of Parking Eye v xxxxx

I would ask that as the claimant has sent a reply to defence (attached) which extensively points to ParkingEye v Beavis that the court utilises it's case management powers and makes a case management decision of it's own volition to stay the above case pending the decision of the supreme court. There are currently at least 2 court orders to the same effect. 29 April 2015 Kingston upon Thames. ParkingEye v Mr B A7FC835N &






I would also like to point out that i emailed the claimant requesting an extension to the period for extending my defence until after the Beavis result at the court of appeal (see email attached) and having received no reply had no choice but to file a defence knowing that the court of appeal decision may necessitate changes as, no doubt, did the claimant. I appreciate that i could apply to the court officially but i also have a duty contained within the over riding objective to keep costs proportionate and an application costing £155 doesn't seem to fit in with that.

Yours etc


cc Parkingeye

M1

[cassas00]

Re: Parking Eye PCN - Help with defence

Just posted the letter, along with email and defence!

[cassas00]

Re: Parking Eye PCN - Help with defence

[MENTION=5354]mystery1[/MENTION] Just would like to ask you, what do you think the chances are of this of going to court? If so, are we likely to lose?

[mystery1]

Re: Parking Eye PCN - Help with defence

Unless it gets stayed (suspended) pending the supreme court and that subsequently goes in our favour i'd say 100% it goes to court unless you give in.

M1

[cassas00]

Re: Parking Eye PCN - Help with defence

And the odds of us winning?

[mystery1]

Re: Parking Eye PCN - Help with defence

Difficult to say as it depend s on whether you get a "wtf are you doing in my courtroom" or a "you barstewards "fined" ME last week and you think you can win in my courtroom" type of judge.

If you can negotiate a lower payment then it might be worthwhile but if they are a bit stingier now after Beavis the maximum loss is about £215 (although £175 is much more common). To go to court if they claim £175 and get little discount offers little incentive not to take the chance of winning at court.

There arguments such as keeper liability and sign comprehension ("site" isn't defined etc) but it is a bit of a lottery. Beavis will be taken by many as a right to issue "fines" but it was a case that differs from most carparks. We also included in the defence the price of local penalties and would argue the almost 50% increase from statutory fine to parkingeye "fine" could be said to be "extravagant and unconscionable"

M1

[cassas00]

Re: Parking Eye PCN - Help with defence

[MENTION=5354]mystery1[/MENTION] finally replied and we got our stay. See whats happens then!

My brother is moving home soon, who would he have to inform of his new address? The courts or/and parking eye?

Many thanks!

[mystery1]

Re: Parking Eye PCN - Help with defence

Perfect.

Inform everyone and keep proof in case the make a mistake deliberately or otherwise.

M1