Jump to content


Parking Eye court paperes received - ** WON **


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2601 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 63
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

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)

Link to post
Share on other sites

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

Link to post
Share on other sites

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)

Link to post
Share on other sites

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

Link to post
Share on other sites

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: :lol:

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 2 weeks later...

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

  • 3 months later...

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

Link to post
Share on other sites

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.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...