PE claim

[5tavros]

hello all, so I have been following all of the great advice on this forum.

I am currently at the stage where I have sent my skeleton defence and i have just received the mountain of information from PE with their wish to proceed.

I have noticed on the 'redacted' contract between PE and the landowner there is a detail incorrect.

signage states and everything to date has been around 1:30 free parking. however redacted contract States 2hrs. I wondered if this error carries any significant value to me? however I did stay 35mins over a 1:30 max stay so this takes me over 2hrs anyway.

any advice would be great about this contract error

[5tavros]

Re: PE claim

a summary of my position:

i drove in to a retail park and visited a fast food drive through. i then parked up and ate my fast food. I didn't feel too well that day and for me it usually means im going to get a migraine. I am one of the lucky ones who get migraine with aura and get the visual distortions. i sat until it passed, never leaving my car at any point. ( I have been on a repeat prescription for over 5years for this condition and have reviews ). once it passed i drove out of car park.

I had no knowledge at the time it was a max stay car park until i received the first letter from PE. i then stupidly ignored every letter up to the point of court claim.

I never accessed appeal with PE or popla

It's was a free stay of 1:30hrs no return in 2hrs

I have since been back to the car park to take pics of the signage and the view from where i was parked on the day.

[Celestine]

Re: PE claim

It would have possibly helped if it had been the other way round.....i.e. signage says 2hrs, contract says 1.5hrs!?

[5tavros]

Re: PE claim

for sure

im just wondering if the contract (albeit a redacted version) on which PE based their authority, has discrepancies, how this would be viewed in court hmmm

[mystery1]

Re: PE claim

If the contract says that then perhaps a word with the local planning department might be interesting. There are some car parks which must offer a certain amount of free time as a requirement of planning permission.

Of course one then asks if PE have a right to vary the terms because if not then is that contract showing a different time on the face of it doesn't show a right to operate.

Have you asked for a stay pending Beavis ?

M1

[5tavros]

Re: PE claim

hi m1,

yup i added it to end of skeleton defence, wish I waited until I was allocated a local court.

i made sure i stated my case doesnt soley depend on beavis but plays a significant role.

PE as a reply to defence argue against the stay but yet quote beavis a lot in the defence reply.

I think my defence was average and wish I started this thread sooner

[mystery1]

Re: PE claim

hi m1,

yup i added it to end of skeleton defence, wish I waited until I was allocated a local court.

i made sure i stated my case doesnt soley depend on beavis but plays a significant role.

PE as a reply to defence argue against the stay but yet quote beavis a lot in the defence reply.

I think my defence was average and wish I started this thread sooner

I would write to the court asking for a stay.

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

That letter was before the court of appeal so needs adjusted for the Supreme court.

M1

[5tavros]

Re: PE claim

Should I send a letter to Northampton or wait until after the questionnaires and allocation of a local court?


is it ok to attach a word doc version of my skeleton defence? I could really do with some advice how to expand on my points and pick your brains for some things, such as; Any proof of a poor success rate of PE appeals or any good case examples of how difficult it is to win a PE appeal. To challenge my health condition PE have stated this could have been considered had I appealed.

I have also got pics of all the PE response doc's and have documents which I have created such as photos and route in the car park.

Thanks again for your time

[5tavros]

Re: PE claim

I am seeing my doctor next week for written confirmation of my medical condition as PE they would be interested in seeing this evidence. not sure if they mean ASAP?


This whole scenario makes you realise how companies such as PE can cause stress and panic, I am so please I came across your posts m1, they really helped me.

[mystery1]

Re: PE claim

Should I send a letter to Northampton or wait until after the questionnaires and allocation of a local court?


is it ok to attach a word doc version of my skeleton defence? I could really do with some advice how to expand on my points and pick your brains for some things, such as; Any proof of a poor success rate of PE appeals or any good case examples of how difficult it is to win a PE appeal. To challenge my health condition PE have stated this could have been considered had I appealed.

I have also got pics of all the PE response doc's and have documents which I have created such as photos and route in the car park.

Thanks again for your time

I'd do it now. You can attach it

M1

[5tavros]

Re: PE claim

ok thanks m1, I will draft a letter and send it off to Northampton tomorrow, I assume I should also send PE a copy too?

I have attached my skeleton defence, I used some of the examples I found that you had posted on previous threads. I hope I done this right as I kept it basic with the intention of adding relevant cases to the defence I need to submit before court date?

thanks

[5tavros]

Re: PE claim

Couldn't get the word document to attach

see below;

Parking Eye v ………………………………………
Defence – ………………………………..
1. I am the defendant, ……………………………………………………………….
2. I am the registered keeper of the vehicle, registration number ………………………….
3. I the defendant deny each and every allegation set out in the particulars of the claim.
4. I the defendant entered …………………………………….. as a paying customer. I the defendant purchased goods from KFC and proceeded to consume the goods without leaving the vehicle ………………………. at any time. From the view point of the vehicle ………….. signage was not adequate or clear of any contractual terms. Therefore how could I, the defendant have entered in to a contract which I was not aware of. Due to a pre-existing medical condition I was unable to leave or operate the motor vehicle ………………… for a period of time out of my control. 4(a) 6. The claimant states that the car parked is managed by them. The defendant states that the claimant has no Locus Standi as they are merely managing the carpark and do not have sufficient interest in the land to enable them to take legal action in their own name. The claimant is put to strict proof thereof.
4(b) The Defendant puts the Claimant to strict proof they have the legal right to enter a contract on behalf of the Landowner by providing a full contemporaneous copy of the signed and dated contract with the landowner.
5. I, the defendant do not agree that the ‘parking charge’ of £100 is proportionate and is unfair given that the car park is ‘free’ to use, therefore the next customer to use the same space as the defendant would do so free of charge.
5(a) The language of the signs and notices “failure to comply” makes it clear that it is a penalty.
5(b) The Defendant asserts that if the £100 charge is by way of a penalty for Breach of Contract it is unenforceable. Following Dunlop Pneumatic Tyre Co. Ltd v Selfridge & Co.Ltd [1915] clauses designed to punish a party for breach of contract may only be upheld if they represent a genuine pre-estimate of loss.
5(c) The Parking Charge of £100 is a penalty, not a genuine pre-estimate of loss since the claimant is not the landowner and has suffered no loss. The losses of the agent are not relevant as they are managers of the car park. The losses to the landholder would be nil as they are a not a revenue generating or profit motivated business although as they are not a party to these proceedings even that is not recoverable.
6. I, the defendant attempted to leave the above mentioned car park however was subject to a migraine with aura. I, the defendant have suffered migraine with aura for over 5 years and received a repeated prescription consisting of medication (Pizotifen 1.5mg) to which I take daily and is evidenced within medical records. When experiencing ‘aura’ Doctors advice is not to drive a motor vehicle until the aura has stopped. Whilst experiencing ‘aura’, I, the defendant can experience visual distortions which ultimately prevent me from focusing visually on anything or anyone for the duration of the ‘aura’. I, the defendant can evidence the medical condition of migraine with aura from medical records and confirmation from a General Practitioner. As soon as the aura stopped, I, the defendant left the car park mentioned above.
7. Although the defendants case does not solely focus on point 5(b) and 5(c), I, the defendant would like the court to utilize its case management powers on its own initiative and stay the case pending the Supreme court decision in Parking Eye V Beavis, upon which the claimant relies significantly. This has happened in Aberystwyth Court, case no 3JD08308 Parking Eye v Davies, Kingston upon Thames, Parking Eye v Mr B A7FC835N Stafford court, Judge Jack, has also seen fit to do likewise in case A9FC264P.

[5tavros]

Re: PE claim

I am trying to attach documents however not having much luck, the browser finds them but fails to upload. If there is another method or an email address I would appreciate it.


Thanks, 5

[mystery1]

Re: PE claim

[MENTION=6]Amethyst[/MENTION] is admin@leaglebeagles.info.

No need to send PE a copy of the letter but it is good practice. Email will suffice for that.

M1

[5tavros]

Re: PE claim

ok will do.


also all docs emailed over