Parking Eye Court Hearing - Help Needed - Won

[mystery1]

Re: Parking Eye Court Hearing - Help Needed

Brilliant. Wish you'd have come back when you got the court date so you could've been better prepared but a win is a win.

Pity it wasn't the other one too.

:okay:

M1

[Amethyst]

Re: Parking Eye Court Hearing - Help Needed

Congratulations Mo - Sounds like you did well in court and had a half decent judge, which always helps. Well done as ever M1 xxxx

[mystery1]

Re: Parking Eye Court Hearing - Help Needed

Dear M1,

Happy to share the news that the Judge dismissed Parking Eye's claim for one of my cases that was heard today.

Parking Eye sent an agent from LPC and she went through her 120+ pages documentation regarding the case. I had the initially defence that you helped me draft and nothing more (no additional evidences etc.) , though I took a photocopy of my Parking Ticket, my Train Season Ticket and a couple of pictures of Sign Posts covered by leafy wall creepers. The agent objected to me presenting these at the last minute, but the Judge said he will use his discretionary powers to accept that as he thought it is a small claim and he should give me an opportunity to present them. Inspite of her repeatedly emphasising that the defence is simply made out of content lifted from internet sites, the Judge was considerate of the facts that I reiterated.

My points were very simple based on the advise you offered.

1. No binding Contract
2. No means to extend the payment in case of a delay
3. no Genuine estimate of loss

In the final Judgement, he ruled that a contract exists based on evidence from PE, but finally concluded that the claim is disproportionate and sounds more of a penalty. The agent requested to appeal referring to the Beavis case (I didnt mention this), but the Judge was not keen on letting her appeal as he thought he already spent enough time on this and denied her permission to appeal. I am not sure if there is a way for PE to open this up again, but I hope it is settled for now.

I wish to let you know that this would definitely not have been possible without your help. You have been such a great support, being there every time I posted something. Thank you so much. You are a real star!

Please do let me know if you like to know more details about the case. I would be happy to share.

Thanks a ton
Mo

Details are always good and i hope you asked for costs

M1

[gmprasad_us]

Re: Parking Eye Court Hearing - Help Needed

No I didnt ask for the costs, neither did PE.
I thought the Judge was already lenient on me and I didnt want the balance to tilt by making a cost claim. The hearing took almost 90 minutes and the Judge took an additional 40 minutes to write his Judgement. He was more keen to wrap it up and I was in a Dilemma as to whether ask for the cost.

[mystery1]

Re: Parking Eye Court Hearing - Help Needed

No I didnt ask for the costs, neither did PE.
I thought the Judge was already lenient on me and I didnt want the balance to tilt by making a cost claim. The hearing took almost 90 minutes and the Judge took an additional 40 minutes to write his Judgement. He was more keen to wrap it up and I was in a Dilemma as to whether ask for the cost.

After you have won it wouldn't matter because he wouldn't change his mind because you asked for cost. Never mind.

M1

[gmprasad_us]

Re: Parking Eye Court Hearing - Help Needed

Thanks Amethyst,

Wish I had presented my case to the forum much earlier, but I am happy that it still resulted in a win.

Cheers
Mo