Parking Eye court paperes received - ** WON **

[f16]

Result !!!! I will look forward to that.

I don't do the legal bit but the advice on here is "First Class"

Other CAGGERS will assist

Good Luck

[synth]

oops too small will try again

Edited April 1, 2014 by synth
too small

[synth]

Not sure if I have done this right as it is difficult for me to zoom in and see so here goes

POC as a pdf

thanks to f16 and others for help

Synth

[f16]

The second one reads fine.

 

Just to put a "Smile" on your face.... Read "smokeyjoes" post

[andydd]

synth, Yes write to PE and ask for a copy of the original contract with the land owner.

Send it recorded delivery .

"Slippery Little Suckers" this lot !!!

 

Also make sure that you say that the correspondence is in line with the Pre Action Protocol > http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct if they dont reply it will look bad on them and you may be able to claim full costs (as oppossed to the low/no costs on small claim track)

[esmerobbo]

According to the press reports the Hotel ceased trading on the 23rd July this incident was on the 26th July.

[synth]

Hi Guys, the court papers say the 26th but she parked on the evening of the 23rd but the hotel had already closed down at the time when she parked.

 

I would think that as the hotel closed that day the contract might be void? I have asked for a copy of the contract with the landowner and awaiting reply.

Cheers

Synth

[ericsbrother]

that is good news for you, the date being wrong means that it didnt happen as claimed so no breach of contract on date specified and the second one could be a winner if PE signed a deal with the hotel rather than a different party such as freeholder. The latter is unlikely becuase of the supremacy of the lease for hotel anyway.

In short, unless PE withdraw their claim she will win but I would be demanding a copy of the agreement between PE and a non-existent company as a matter of urgency and be warning PE about seeking recovery of all costs and time preparing her defence at LIP rates (£18ph)

[synth]

Thanks eriscsbrother I have sent a letter now with the information from your post, I will keep you all informed.

Kind regards

Synth

[ericsbrother]

You should now wait for a court allocation and when you do write to the court to have the claim struck out on the basis that there is no case to answer as the company who contracted PE didnt exist at the time and therefore the claim is vex there is a CPR code for this but I dont know it off the top of my head

[synth]

Update

my letter was signed for next day at PE but heard nothing back yet

Synth

[f16]

Thanks eriscsbrother I have sent a letter now with the information from your post, I will keep you all informed.

Kind regards

Synth

 

Synth; I hope you wrote that letter "Real slow"......

... because Parking Eye can't read too fast !!! :lol:

[DBC]

Parking Eye are now losing court cases on a daily basis. Even at courts where they used to win , such as Liverpool. For some strange reason they haven't updated their "latest news" (where they crow about their wins) since September.

[synth]

13 days after they signed for the letter I sent and nothing back from them, zilch, is it just a waiting game now or is their something else I should be doing.

Thanks to all for your help

Synth

[ericsbrother]

They will want to avoid supplying you the info so no surprises there. When you get an allocation and you are instructed to exchange paperwork you write to the court that the hearing is to be held at and ask for the claim to be struck out on the basis the claimant hasnt shown that it has the right to make a claim against you in the first place and that you cannot offer a defence on a breach of contract claim when there is no proof offered that they are in a position to make an offer for you to consider.

[synth]

My daughter received a letter today from the court asking for her to return a N180 form Directions Questionnaire and giving 7 days to return, it was posted 14th Jan and seven days is BH monday? She hasnt had a N180 form so we will download and return.

Any comments or advice what needs to be put on this form please?

Many thanks

Synth

[ericsbrother]

tick no for mediation, yes for small claims track and enter the name of your local court or another court if there is a reason why the local one to you is not preferred.

That is about it.

If you have used the governement gateway before for tax returns or similar reasons you can do it online.

[ericsbrother]

When you get the allocation PE will have to cough up some more money and you will be told where the case will be heard and you will be given a date to submit documents.

[synth]

Thanks ericsbrother I will see my daughter tomorrow and we will fill it in.

Have a great easter!

Cheers

Synth

[synth]

Hi everyone it's been a while, PE totally ignored my letter I sent in April even though I know it was signed for and now they have sent another long winded document to her and have given a hearing date in early August, their letter says:

 

Please find enclosed the claimants witness statement and supporting documents, the claimant will not be in attendance at the hearing, in order to minimise costs that would then have to be sought from the other side. Attendance for the claimant will be through its agent from LPC law. We request that the matter be decided in the presence of our advocate from LPC law and confirm our agreement that the matter can be decided in the absence of the claimant.

please note that this bundle contains the judgement given in the test case before HHJ Moloney QC to consider the relevant law.Judgemt was given in Parking Eyes favour on all defence points raised.

 

Any further help would be gratefully appreciated

Synth

[silverfox1961]

I bet PE don't mention that this case is being appealed.

 

https://jumpshare.com/v/jKfGOSWc9g6bOsxtZxwL

 

This test case focused on a small part of a specific contract but that is being questioned as PE gave the court a redacted copy of the contract they had with the landowner.

 

The Parking Prankster has something on his blog pages about this.

[ericsbrother]

Of course the other thing is that it is not a test case. The judge made his findings knowing that it would likely be appealed and form a test case, a rather different thing altogether. In this respect PE are trying to mislead to the court. Let the court know this.

Asd for non-attendance to minimise costs, they can only get what they spend and if they want to go around the country putting up dodgy claims they should be there to explain themselves.

I would be writing to the court to say you do not agree to their non-attendance and to ask that the claim be struck out in the event they do not attend.

PE have had a lot of bad luck with their post recently and have received no correspondence from anyone in just about every case they have made procedural errors on. You will need to show a copy of the letter of April and point out that PE have claimed to several courts that they have not received paperwork sent in over a long period of time and you think that this is not the case but an abuse of process. Read the prankster's blog and quote soem of the cases/tribunal decisions you can find on this forum to add a bit of meat to the bones.

copy letter to court to PE.

[synth]

Thanks everyone we have sent the letter off to Court and PE and will keep you updated

Cheers

Synth

[synth]

Hi everyone, no response again from PE or the court so it looks like it will go ahead which is tomorrow, any last minute tips or advice would be welcome

Cheers

Synth

[ploddertom]

Have sent a message to a couple of folks for you.