Parking Eye Taking me to court

[jasperpad]

I am waiting for information regarding the planning permission.

 

I have the actual signage

 

I know who owns the land ... Hoults Yard

 

I am also waiting for the info regarding the contract regarding the arrangements to use the land

 

the photo is the entrance from the highway via google maps

but need time to get there to take the proper photos as I have to work (self employed)

 

I have put the actual sign where we were parked

but we were never in the actual parking bays

just right outside the actual auction house

who rents the property from Hoults Yard. post code Walker Rd, Newcastle upon Tyne NE6 2HL

 

their reason was that I overstayed the allotted time by 38 minutes but it is actually only 8 minutes

 

sorry what is NTK?

 

thanks

[honeybee13]

sorry what is NTK?

 

Notice to Keeper. Here's a link to the forum stikky with all the abbreviations.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?168275-Posting-in-this-Forum-and-A-Z-of-Motoring-Terms(1-Viewing)-nbsp

 

HB

[ericsbrother]

Notice to keeper, this is spelt out on the stickies at the top of the parking threads.

 

This is a self help forum, we give advice on things but you have to do the running for your situation as we dont have the time to look up every sign on every plot of land, nor phone all of the councils involved in planning etc. We spend a lot of time repeating things but that is no bad thing because it does help tailor responses and aid anyone who reads a particular thread when they come here via a search engine.

 

However, i reiterate, once you are given what is essentially homework to do it is emcumbent upon you to get on and do those things. reporting back here what you find out allows others to be helped in a similar situation.

 

As you have a limited time to submit a response to court you should make an effort to do the things we suggest. being self-empolyed should make it easier for you to fit in such things and cost them out so you can claim the money back from PE when you defeat their claim.

 

If you dont do all you can do then you will have to pay them so consider it a chargeable job and make time for it.

Edited August 24, 2016 by honeybee13
Paras.

[jasperpad]

I have sent my response and I have until the 11th November when the hearing is due.

 

With this is mind I have put together my response to their 68 page submission

which is all based around the ParkingEye v Beavis case

and my one cannot be as it is based upon them not adhering to the regulations

and making basic mistakes like stating that the time allowed free is 30 minutes

when the sign clearly says 1 hour,

 

 

and due to your point that there has to be a period of grace of 10 minutes they are in the wrong.

I am just waiting for a short while before I send my reply to their submission.

[jasperpad]

Well the hearing is due in two weeks

 

Parking Eye has submitted their claim and the photos ALL show the date as 2015 and do say that the allowed free time is 30 minutes.

 

HOWEVER I have taken a boat load of photos of the area of all of the signs I can see especially the area they are claiming for and they ALL show one hour free.

 

I have even taken a video of the area with a photo of a newspaper showing the date (today).

 

In their claim they say that they follow the BPA's and section 13 states that there should be at least 10 minutes grace and as their statement says that I was there for 1 hour and 8 minutes I think they are skating on thin ice.

the hearing is on the 11th Nov so watch this space!

 

I am looking forward to hopefully taking them down and If I win I will be asking for a days loss of earnings.

[ericsbrother]

their nickname is Parking Lie,

they recently got hammered for doing just that in a court claim

so expect them to continue as they know that they have already spent good money on this it wont cost them any more to continue.

 

 

Look at the parking pranksters blog for the case reference,

you may wish to use it in your oral evidence when rubbishing their witness statements.

You wont be able to enter it as written evidence though unless it is the same place.

[jasperpad]

I got a whole lot of info from Parking Pranksters site so will be using some of it when I go to court.

 

 

As I said I am expecting to win and if I do will be asking for compensation of a whole days income.

[ericsbrother]

make sure that you send copies of what you intend to use to both claimant an court

[jasperpad]

I lost

[honeybee13]

I'm so sorry jasperpad, what happened?

 

HB

[jasperpad]

I will make a report when I have finished licking my "wounds"

[Homer67]

2 losses in as many days - what is going on? Is this a case of Courts not understanding the legal issues or favouring the PPCs?

[ericsbrother]

slightly different defences but obviously we woulf like to knwo what went on so we learn and give better advice if necessary. PE are a big outfit and can afford to spend a lot of money losing a few now to make sure they win in the future. It will get harder and harder to beat them over many issues as they replace duff signage, apply for planning where it has been brought up as a defence etc.