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About Bigjohnl51

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  1. DragonFly1967: Thanks you. I will take everything to court.
  2. Homer67: Thank you. I know you are right but I tend to fluctuate between wanting to take them on to just wanting it to go away.
  3. I have just received an email from ParkingEye to settle for £75. £50 Solicitors cost and £25 Court Hearing fee. Tempted to negotiate?
  4. ericsbrother: I think it worth a go and I will apply for see it. Thank you.
  5. My defence as appears on County Court Claim: "We went to the Leisure World Cinema to watch a film. We had visited the site many times over the years and it had always been free parking. We parked late for the film and close to the cinema and were not aware of any changes. I have evidence that we did attend the leisure World Complex to watch a film. On-line parking advice show 4 hours free. The parking charge notice shows the car was on site from 16:17:32 till 18:57:57. Under 4 hours. If we did breach a contract then under contract law that company is only allowed to make a claim for the amount they have actually lost, Because these spaces are free to park for 4 hours, I would argue the amount they lost is actually nothing. I also state I was not the driver." I can only say I was under pressure to get a defence in within 14 days. Ideas?
  6. I still need help with this. I have done a fair bit of reading and I want to add things to the defence I submitted at the very beginning of all this. Does anyone know if I can do this and if so how?
  7. SabreSheep: Thank you for that. I thought as much. Unfortunately I have been given an allocation to Small Claims Track (Hearing) so I am in the system. I still intend to question this so called contract as it has been used successfully on other recent cases although it seems I can't ask to see it before the hearing.
  8. ericsbrother: Thank you for that. Does this disclosure rule apply to small claims track or should I apply anyway?
  9. Thank you it is positive support I need
  10. Thank you. I don't understand why they have kept going it's a stressy time.
  11. I have received a county court claim from ParkingEye. I went to the cinema in Southampton but didn't register my car details. Particulars of Claim Claim for monies outstanding from the defendant, as registered keeper, in relation to Parking Charge, issued 20/12/2014, for parking on private land in breach of the terms and conditions (the contract). ParkingEys's automated number plate recognition system, monitoring Leisure World, Southampton, SO15 1RE, captured vehicle entering and leaving the carpark, parking without a valid paid parking ticket. The signage clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by ParkingEye Ltd, and is a paid parking site, along with other T+C's by which those who park on site agree to be bound. In accordance with the T+C's set out in the signage, the Parking Charge became payable. Notice under the Freedoms Act 2012 has been given under Sch 4, making the keeper liable. This claim is reference to Parking Claim **********. I have a letter from Odeon Cinema confirming that I did purchase cinema tickets on that day and therefore am entitled to 4 hours free parking. Sent a copy to ParkingEye but so far they have ignored it. I did not overstay a free period as every other case seems to be including Beavis, but did not register my car details. I think they would settle for £60 but if I go to court, set for August, I could lose £175.
  12. Thank you. The lack of a POPLA appeal is annoying. I did go on-line but was looking at "old" advice without realising it but I am where I am.
  13. Thank you. There a lot of cases I could refer to where ParkingEye have had their case dismissed but they are all about people overstaying a free period and on ParkingEye's right to take a case to court in their own name. My case is a straight forward breach of contract. I did not Register my Car details and they say that was part of "The Contract".
  14. Thank you. There is a possibility that the car park at Leisure World is on Port Authority Land which is not covered by Protection of Freedom Act 2012. Does anybody have any info on this?
  15. Thank you. Not sure why they should mention that either but maybe they think I will find a better defence later and are trying to convince me that I cannot add to it. It was also interesting that in their 47 pages they say is that any evidence I submit I should be concise as to not waste the courts time having to read it!
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