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Parking Eye taking to court - named driver - ignored the rest - any advice please?
GreenEyes
post Fri, 18 May 2018 - 21:05
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Hi all,

I have received some very usefull advice on this forum in the past and had my fair share of penaltty appeals. Never private. Fortunately, the amount of PCNs that husband was bringing home reduced significantly enough for me not to come to this forum for a number of years. I am embarassed to admit that only now I have read that you no longer meant to ignore private penalties.

Well, I really didnt know, and we have done. Now we have court claim from Parking Eye. Asked husband for any previous correspondence relating to this but he has thrown everything away.

Husband works as a courier and has 2 other couriers workin for him. On the day in question, it was one of his couriers driving the van. After receiving original penalty&nbsp;I have written (via standard letter and cannot locate proof of postage now) to Parking Eye advising drivers name and address. Thats as much as I knew that we needed to do in such situation. Driver has now gone back to his country.

I dont recall hearing anything back from them, but can be wrong in case hubby got rid of some letters. I was stupidly telling him that it is still safe to ignore private ones.

I was going to defend this claim by sending in copy of my letter to Parking Eye and saying that they should be chasing driver not keeper. But now feel that much stronger defence would be needed.

There is so much information that I feel lost and I am not which be would be applicable in our case. I have submitted to court that we will be defending the claim but have to submit defence by next wednesday as we are going away on Thursday.

Could anyone please kindly point me into a direction that would be aplicable in our scenario? Namely -

1. named the driver, although no proof of that, apart from letter I have kept in my computer

2. Havnt kept any correspondence from parking Eye, so cannot rely on what could have been said there

What would be out strongest points? and are we likely to win?

Many thanks to everyone for any advice






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This post has been edited by GreenEyes: Fri, 18 May 2018 - 21:32
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post Fri, 18 May 2018 - 21:05
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ostell
post Fri, 17 Aug 2018 - 06:29
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You need to get that letter in front of the court. Mention it in your witness statement and include it with the exhibits. Is there any mention of you haveing named the driver in any of the letters, emails or documents that you have received from PE?

The max you can claim for wages is £96 but if you can show that they have been really unreasonable then you may be able to get what you have lost. I think that continuing to claim when they have no claim is unreasonable.
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Macapaca
post Fri, 17 Aug 2018 - 07:18
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Your key defence is the letter that you sent to PE naming the driver. I assume that PE did not include it in their evidence even if they did receive it. So include a copy yourself in your defence pack if you still have time to do so. Of course it can win but there are no guarantees. If you do win then you claim all your costs i.e. day off work plus travel etc.
Your wife can go to court with you as a McKensie friend but cannot represent you.
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nosferatu1001
post Fri, 17 Aug 2018 - 09:09
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But can speak on behalf of the defendant
Defendant MUST attend, however. Take a copy of the Lay Rep act.

You need to write a WItness Statement. It will be very simple, as it will focus on who the RK is, when the letter was sent, and a copy of the letter. If your husband (the defendant) wintessed the letter being written, your husband can write in HIS witness statement that he saw you write the letter / post teh letter. It isnt your fault PE failed to received it, it was deemed delivered 2 days later, as POFA states.

The defendant MUST write a witness statement There are PLENTY of examples on here so you can see how theyre laid out

If you truly want to go to mediation, why are you offering them ANYTHING? THEY OWE YOU!
State they have no claim, as the driver was named prior to the start of proceedings. You are prepared to accept a drop hands offer, with each side bering their own costs. Why pay them for their msitake?
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GreenEyes
post Fri, 17 Aug 2018 - 09:45
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thank you nosferatu for the guidance, I will do winess statement from me and husband.

I am thinking to go for mediation even if it is just to show the judge that we were trying to be reasonable and resolve it our of court. I will do as you suggested as that makes sense and will offer them to drop the case and save them costs.

Am I right in thinking that if we win in court we can claim lost wages and travel guarenteed (I mean any amount / anything not all)? Its not like with PATAS previously where there was a very slim chance of getting anything unless proven unreasonabe behaviour to get any costs?
If winning means you can definitely get some of your costs back then that at least gives an incentive to go to court.

Hubby will deinitely attend I just want to speak on behalf of him. Also would I be able to speak on his behalf in mediation? He will be next to me to give constent etc.

And yes, you are so right, that they shoudnt get anything. I did our part and sent them letter naming driver as required by law they obviously claim now they havnt received it as driver now left the country. Cant beleive I am not prepared to pay them just to get off our backs. I finally understand wwhy peopel get nervous when someone says I will take you to court, because even if they are not guilty of anything they just dont want the hassle of having to defend yourself or loosing the case..
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Jlc
post Fri, 17 Aug 2018 - 10:02
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Costs on small claims track is fairly limited - here and here.

Getting unreasonable behaviour isn't always easy.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Fri, 17 Aug 2018 - 10:20
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You can claim half days loss of leave / pay - take proof. This is cappeda t £95. You can claim mileage and parking, or public transport costs.

This is clearly a vexatious claim; theyre claiming you are a liar. That you never sent the letter. Make them pay

You can try for full costs - see others costs schedules (search for posts with that in) - £19 per hour
You make this a seperate section entirely.
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Macapaca
post Fri, 17 Aug 2018 - 11:10
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They prey on the fact that people don't want hassle hoping that in enough cases people will pay up to avoid court. It is understandable that you don't want hassle but just think of the satisfaction you will get plus your expenses when you see them lose! Hold your nerve.
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Umkomaas
post Fri, 17 Aug 2018 - 14:44
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I think only one person can claim loss of earnings, and that's the defendant. And it's been a difficult ask in previous cases (often turned down) for someone who is self employed.
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Redivi
post Fri, 17 Aug 2018 - 17:32
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I couldn't claim costs as a witness

The judge said that it hadn't been necessary for me to attend
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DancingDad
post Sat, 18 Aug 2018 - 11:22
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Reading through I would be wary over defining how friends pick up work for hubby.
And would edit the posts where this is mentioned.
Hopefully the experts on this side will put me right but I am thinking of AJ Films and Ostensible Authority, something BW like to include even with purely domestic relationships.
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GreenEyes
post Sun, 7 Oct 2018 - 13:00
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I have an update, guys! PE sent a letter with Notice of Discontinuance, so I dont think we have to attend that court on this coming Tuesday, phew!


and some background to what has happened since my last post.. in few words I have missed time to arrange mediation, so that never happened and I have sent through witness statements from me and husband to PE and court
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ostell
post Sun, 7 Oct 2018 - 13:11
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So write to the court and claim all your costs because of their unreasonable behaviour in discontinuing so close to the hearing date when they knew that they did not have a case. ALL your time spent at £19 per hour, printing and posting costs etc.. Could be get it in so that the judge gets it before Tuesday.

Check with the court that they have received the discontinuance notice.
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GreenEyes
post Sun, 7 Oct 2018 - 13:57
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thanks ostell, thats sounds good.

I thought you had to attend court to ask for costs?

Is there any guidelines as to what you can claim as costs? Or do I just write a simple letter to court saying that I have spent this number of hours preparing for the court and therefore would like to ask court to award the costs against the claimant due to terminating the case so late in the process? (how many hours am I allowed to claim to be reasonable? and why £19? is this a standard rate?)

I have sent everything over email, so no printing and posting costs..

This post has been edited by GreenEyes: Sun, 7 Oct 2018 - 13:58
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SchoolRunMum
post Sun, 7 Oct 2018 - 14:22
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QUOTE
I thought you had to attend court to ask for costs?

Give it a go. If you don't ask, you don't get.

QUOTE
Is there any guidelines as to what you can claim as costs?


Yes, there are a couple of costs schedule examples in the 2nd post in the NEWBIES thread on MSE, here:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822
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