@morrisons Parking Eye in court with them 18th march - help with defence please

[dx100uk]

was that sent with the claim?

 

 

dx

[san649]

Yes x

[san649]

Actually sorry that was sent in the first letter they sent me with a picture of my wife, they is nothing wrote on the county court letter only that parkingeye is the Claimant. I rang the court today to ask what POC were and she just said they taking you to court for money they say I owe and that's the particulars!!!! So I seconded guessed what you wanted and wrote the above.

[san649]

I have already replied my defence once with something some one give me, it is as follows;

 

 

1) It is admitted that the defendant is the owner of the vehicle

 

 

2) The defendant denies being the driver of said vehicle,

 

 

3) It is denied that the claimant entered into a contract with the defendant. As hepd by the upper tax tribunal in vehicle control services limited v HMRC (RO12) UKUT 129 (TCC), any contract requires offer and acceptance. The claimant was simply contracted by the landowner to provide car park management services and is not caable of entering a contract with the defendant on its own account, as the carpark is owned by the terms of entry set by the landowner. Accordingly, ikt is denied that the claimant has the authority to bring this claim. The proper claimant is the landowner who has informed the driver of the said vehicle that they had the right to park there and canceled any fine.

 

 

4) Alternatively even if they was a contract, the provision requiring payment of £85 is an unenforceable penalty clause as the claimant is not the landowner and suffers no loss what so ever as a result of parking overstay.

[ericsbrother]

You need to concentrate on the fact that you told them who the driver was and this removes any keeper liability

and they have ignored this and are continuing with their action when they know they have no cause of action and therefore their claim is vexatious.

 

You can then say that they have not shown that they have a right to make a claim by providing sight of any contract they have witht he landowner

that assigns the right to make claims in their own name rather than as an agent of the landowner.

 

That in any case, the amount claimed does not represent a schedule of loss nor a genuine pre-estimate of loss for an overstay in a free car park

outside of trading hours so not only have PE not suffered a loss the landowner hasnt either.

 

Phone the council planning dept for where the store is and ask if PE or Morrisons applied for planning permission to erect the sighns they rely on to forma contract.

 

 

If they dont have PP then you can say that PE are breaking the law in not having consent

and that no contrcat can be formed that is based upon a criminal act so you repudiate any contract offered or implied.

[san649]

Great help thank you, I shall ring the council tomorrow.

[san649]

Got a letter from them yesterday saying if I pay the £50 by 9th March the will stop court preceding's, tempted as if I lose I will have to pay £160 plus costs???

[dx100uk]

no!!

 

 

you don't owe anything!!

 

dx

[DragonFly1967]

Got a letter from them yesterday saying if I pay the £50 by 9th March the will stop court preceding's, tempted as if I lose I will have to pay £160 plus costs???

 

That's almost blackmail

[themagician]

they gotta turn up at court first !!!

[ericsbrother]

IF you lose.

[san649]

Yeah, we did it. Held our ground like you advised and we got a letter this morning saying they will drop the case :) Thank you for all your help, as promised I will give a donation x

[DragonFly1967]

Well done, just goes to prove that they're mere bullies that, as is usually the case, will disappear with their tail between their legs when someone stands up to them.

 

 

 

Be careful though, my cynical side is twitching. If it's your local court, which it should be, and you can, turn up anyway, just in case ParkingLie are trying to pull some sort of fast one to get a default judgement.

[san649]

We send all our evidence in as I working anyway,y so even if this is the case it wont matter

[SabreSheep]

Untill the court tells you it is over, you must attend

[SabreSheep]

And as it is a vexatious claim, i would be tempted to ask for costs