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parkingeye - Birmingham county court - Today - **I won! Strike out! + Costs**


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ParkingEye - Birmingham County Court - Today - I won!

 

 

Strike out!

ParkingEye did not turn up!

 

I followed all of the advice on the forums given to other users.

 

Prior to court proceedings,

POPLA accepted poor, incomplete evidence and found in favour of ParkingEye.

 

I am only the registered keeper.

The driver (who lives abroad) contacted them,

after a barrage of communication from ParkingEye and their associates to me.

 

I prepared all of my documentation,

kept certificate of posting receipts and all correspondence.

 

Read Parking Prankster site for help.

Purchased and read Small Claims Procedure in the County Court (sixth edition) and adhered to all deadlines.

I was also awarded £xx for unpaid leave and parking.

 

My main defence was:

NTK received outside 14 day limit;

ParkingEye produced no evidence of contract with landowner;

ParkingEye had no planning permission to erect signs and ANPR;

signage issues did not meet required standards;

witness statement from ParkingEye was invalid;

illegal contract with driver, as no legal standing;

 

I fulfilled POFA 12 requirements

- as they knew the name of the driver before issuing court proceedings

- so was not liable as registered keeper.

 

I hope this is encourages all others to keep going.

I'm glad its all over.

 

A HUGE THANKS to everyone who volunteers their time to help the unsuspecting public,

I really appreciate it and I'm sure many others do too:

you're amazing!

Edited by jay
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Well done. I am not surprised that PE did not turn up but am surprised that they went to Court in the first place knowing that you were not the driver.

You should have been well in line for at least £250 for breaching the DPA-is there a reason you didn't ask?

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Great result, a kick in the goolies for Capita's milking machine PE..

We could do with some help from you.

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they do progress these as they dont actually have the sense to know when to stop because computer says CHAAARGE! so they do. The breach of the DPA will be harder to claim BUT as they issued the NTK outside the time and they dont use a system that gives a notice to the driver they cant really have a reasonable cause to contact the keeper. If Jay wants to askt eh DVLA when PE obtained the keeper details and they got them more than 12 days after the event then they cannot ever say they had a reason.

Well done. I am not surprised that PE did not turn up but am surprised that they went to Court in the first place knowing that you were not the driver.

You should have been well in line for at least £250 for breaching the DPA-is there a reason you didn't ask?

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Seems to be a serious waste of money on their part.

 

Well done Jay for sticking with it.

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  • 1 month later...
Well done. I am not surprised that PE did not turn up but am surprised that they went to Court in the first place knowing that you were not the driver.

You should have been well in line for at least £250 for breaching the DPA-is there a reason you didn't ask?

 

The name of the driver and address was submitted late, after the POPLA appeal, because I didn't want to submit it as the driver was battling with stage 3 cancer. However, the driver submitted their own details.

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