*WON* 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

Before I get well happy... should I ring courts to double check? Do i need to forward letter to courts? Do I do anything?

I also want to make Parking Eye pay for giving me 6 months of HELL...i was on the verge of a nervous breakdown!
Can I claim for the time I have booked off for that date? Do courts need proof?
What about the countless hours, evenings and weekends spent researching into this case? I read somewhere that the standard charge is £19/hour....correct?

Penny, this is fabulous news. To aid other persons in your situation, it would benefit us if you could provide some feedback of how your success has come about specifically. For instance, did you win owing to what you submitted as your defence, ie 'there was no contract (no offer, no acceptance, no consideration), or did it owe to Parking Eye simply dropping the case (very unlikely though). Thanks, well done again! You must be so relieved and sorry you were burdened with this event for so long. OL

[charitynjw]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

Great news, Penny, & well done for standing your ground.

[Amethyst]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Omg i have the best news everybodyyyyy!!! XXX

That is fabulous news. Congratulations Penny Well done xxx

The Claimants will need to file a notice of discontinuance with the court and you should receive a copy of that as well. Give it a week or so and check the court have received it.

I doubt you'll ever find out exactly why they ditched the case, maybe they read this thread and decided it wasn't worth the row xxxx

[R0b]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Well done Penny,

I doubt you'll ever find out exactly why they ditched the case, maybe they read this thread and decided it wasn't worth the row xxxx

Probably because they had no chance in the first place and just trying to push their luck

[charitynjw]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

PE & their ilk seem to think that muttering the magic word 'Beavis' is some kind of all-powerful incantation by which everyone will capitulate & pay their exorbitant (penalty) fees.


Not sure why, the companion word 'Butt-head' springs to mind!

:biggrin1:

[Kati]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!!

Omg i have the best news everybodyyyyy!!! XXX

Awww WELL DONE Penny!!!

I'm so glad you decided to see this through :cheer2: xx

- - - Updated - - -

Probably because they had no chance in the first place and just trying to push their luck

don't they always??

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

Penny, this is fabulous news. To aid other persons in your situation, it would benefit us if you could provide some feedback of how your success has come about specifically. For instance, did you win owing to what you submitted as your defence, ie 'there was no contract (no offer, no acceptance, no consideration), or did it owe to Parking Eye simply dropping the case (very unlikely though). Thanks, well done again! You must be so relieved and sorry you were burdened with this event for so long. OL

Not sure why they gave up...but im guessing they looked at my defence pack and thought better of it.

The documents have all been submitted previously and revolved around these basic principles:

1. No offer. Backed up by prankster case b6qz4h3r
2. Manager wrote 3 emails asking them to cancel. Backed up by unredacted contract (acquired by FOI request).
3. Oral variation. Backed up by Virulite case.
4. Poor lighting. Backed up by my amatuer photos.

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

Is it unanimously agreed that it is not worth pursuing them for costs?

I got no issues with putting more time and effort...these slime balls prey on the weak and vulnerable...grrrr

Im sure with all the experts on here we can squeeze something out of them xXx

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

Is it unanimously agreed that it is not worth pursuing them for costs?

I got no issues with putting more time and effort...these slime balls prey on the weak and vulnerable...grrrr

Im sure with all the experts on here we can squeeze something out of them xXx

With civil court/ CPR, costs follows the event. ie if they lost their case at court the normal rule is the party pays at that point. As the case was dropped, it's hard now to claim for costs. However, based on the recent malicious prosecution (what used to apply to criminal proceedings) UK Supreme Court case, if the civil proceeding were malicious action (ie wrongful process), you may be able to claim for costs. However, if you do this Parking Eye may continue against you.

[charitynjw]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

With civil court/ CPR, costs follows the event. ie if they lost their case at court the normal rule is the party pays at that point. As the case was dropped, it's hard now to claim for costs. However, based on the recent malicious prosecution (what used to apply to criminal proceedings) UK Supreme Court case, if the civil proceeding were malicious action (ie wrongful process), you may be able to claim for costs. However, if you do this Parking Eye may continue against you.

Hi Openlaw

Would PE not say that they had a reasonable belief that a contract had been made, & that they were therefore justified in their claim?

[R0b]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

The question to ask yourself is how much costs are you wanting to claim from PE.

Yes there could be a case of malicious prosecution, if PE would want to continue their claim as a result they would need to bring a fresh claim as they have discontinued but given the evidence which appears heavily in your favour (as most have agreed) they wouldn't stand a chance and would waste further costs themselves.

Sometimes it is best to quit while you are ahead and not pursue any further. Although you could write to the Court informing them that PE have discontinued the case and you would like a judge to consider costs against them. You could argue their conduct/behaviour has been unreasonable by being adamant they have a claim against you then suddenly dropping the case and therefore those costs incurred in defending the case should be awarded. Attaching a breakdown of costs incurred on an LIP hourly basis would help a judge looking at your claim, and perhaps you could also make reference to the UKSC case explaining you felt that PE no grounds for bringing the claim and that their only intention was to obtain a sum of money.

It might be that the court does not award anything as they are hard to get but then your option would be to bring a claim if it is worth it It certainly wouldn't do any harm in writing to the court and putting your case all for the cost of a letter.

[Openlaw15]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

Hi Openlaw

Would PE not say that they had a reasonable belief that a contract had been made, & that they were therefore justified in their claim?

It is 'reasonable belief' in addition to 'probable cause.' Let's put a number/ value to probable. I would say probable requires a correlation of around 0.8, or approx. 80%. So Parking Eye would likely require a reasonable belief of about 75-80% certainty that their instituting a civil action (Malicious Prosecution) would have been successful. Parking Eye, on your facts, on the facts of Beavis, on the law of Beavis, are likely to have a 50% prospect. For instance Parking Eye are only likely to win by chance, but there's a chance a UFO could land on your head but very unlikely.

[mystery1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

Work out what you want including £19 an hour and email PE and ask for that (7/14 days to respond). In the likely event they refuse then try something like what i posted before the LIP rate went from £18 to £19 so edit where required.

M1

Technically it should be an application but i'm not convince the odds of spending cash to ask are worth it. A letter MIGHT prevail but costs little. Normally small claims track costs are not allowed in these cases but 27.14 2 g can help with the right court/judge. It's worth asking.

"In the County Court at xxx

~~ To be put before procedural judge ~~

In the matter of

Deal v XYZ
Claim Number XXX

Dear Sir or Madam,

I have been advised by the court on xxxxx that the listed hearing for this claim was vacated and I understand that this is due to the Claimant's discontinuance.

CPR r.38.6 states that the claimant is liable for the defendant's costs after discontinuance (r.38.6(1)) but that this does not apply to claims allocated to the small claims track (r.38.6(3)). However, the white book states (annotation 38.6.1): "Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(d))." I believe it should actually refer to r.27.14(2)(g) as that is the rule which allows the court to award costs for unreasonable behaviour.

On this basis I would like to request a costs order to be made against the Claimant given that DEAL has behaved unreasonably by discontinuing this claim, and also by not submitting any evidence/witness statement in support of their claim other than their claim form, and by not serving me with a copy of their Directions Questionnaire contrary to the court order.

The Defendant had significant costs to prepare the Defence and prepare attendance of the hearing and the costs claimed are as follows:

(explain any expenses here).

Yours faithfully,

XYZ
Defendant"

This won't guarantee you anything but it is worth a shot, and as long as you're not taking the p##s with what you're claiming you may have a friendly judge who gives you a costs order.

£18 per hour is the litigant in person. £190 was awarded to 1 person. http://parking-prankster.blogspot.co.uk/2015/03/prankster-runs-out-of-deal-headlines.html

M1

[Penny1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

Hi everybody,

I think I will email the courts stating that I wish to pursue PE for costs due to them behaving unreasonably; they knew this had no chance of winning in court. (Using the template provided by mystery1).

I think around £200 is reasonable. I've still had to book the day off work (which is the bulk of the money I want to recoup). Printed off loads of pages of documents and pictures. Time spent researching into all this is barely even taken into account!

Is it really worth emailing PE aswell? I don't even want to give them the time of day...but if that is what you all advise is the correct procedure then I will do so reluctantly


Love Penny x

[mystery1]

Re: 70 Page PROSECUTION STATEMENT - Parking Eye!!! - won

It's not required but gives you 2 bites at the cherry and makes you look reasonable particularly if you add that in the letter to the court that they refused.

You should itemise it but you probably wouldn't get future expenses but given it's £19 per hour you might not be far off what you think you're due by the time you count it up.

M1