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Win against ParkingEye at Crewe County Court today
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post Fri, 8 Sep 2017 - 21:51
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Win against ParkingEye.
I appeared as a Lay Representative today for a case at Crewe County Court. case was a stay of 1hour 8mins at Ibis Styles hotel car park with no ticket.
LPC Law rep ms Sharma attended for ParkingEye, she had a chat before the case, very pleasant and explained the court process, then went on the quote Beavis and how it was binding on lower courts. She didn't like it when I simply said "only in certain circumstances...." and went on to query if she was the same Sharma as in case law that I had brought with me.
Heard by DJ Rogers who outlined the case and asked if we were OK with the PE witness, a case handler, not being there. Informed court that we had sent an email 8 days ago to PE and the court saying that we were not happy with the witness statement as it contained 'facts' that we disputed and we had requested her attendance.
Short adjournment while advice sought... claim was that PE response to the email would have been that it will take up to 10 days to get a reply so unreasonable to expect a reply before today. DJ said the failure of PE to deal with their emails for 10 days was not his concern, it was a failing in their systems but he would allow the case to go ahead and put what weight he felt was deserved on the statement in the absence of the witness.
case then presented for PE, scrutinised at each step by the DJ who was not letting anything pass unless it was evidenced.
"are you happy that a contract exists for PE to enforce parking on this site" - No Sir
""are you happy that a contract existed on the day of this parking allegation for this site?" - No Sir
evidence then submitted by LPC that the claims handler produces a site plan showing 18 signs, with one of them prominently to the left of the site entrance. DJ: "So you are relying on this plan as submitted? - yes sir
Evidence then submitted of the clearly displayed entrance sign
DJ "so you are relying on this photo of evidence of the defendant having clear notice that he was entering a paid for parking site?" - yes sir.
DJ (having, unlike PE and LPC Law rep read our submissions) "so can you explain why the plan shows the entrance sign to the left of the entrance, whereas your own photo shows the sign to the right of the entrance where it would have been obscured?"
LPC "It is a minor oversight"
DJ "No it isn't, you see the witness goes on to state that he signs as indicated on the plan were present on the day of the parking event. That is tantamount to perjury, she has ample access to all of ParkingEyes records and in the course of her employment she has tendered a document to the court which contains evidence that cannot be true. I therefore cannot rely on her evidence and I am dismissing her statement and therefore every document that she produces in that statement. That leaves you with the outline of facts on your court claim which is so brief and without supporting evidence that you cannot sustain a case, so it is dismissed."
We had no wages to claim as the defendant was not at work this day, but did point out that he had incurred parking costs of £2.10p. "Do you. Wish to recover that cost?" Well what do you think? The chance could not be missed could it?
LPC Rep said outside that we were lucky as it was a technicality and she had no problems with how PE had dealt with the case. I pointed out that she might not have a problem, but the Judge obviously had, and it was a shame that we had not even got to the defence case here we had several points to put forward, any of which could have won in their own right.......
It seemed rich of her to be upset about losing on a technicality where lots of cases rest on the motorist being a sinner because they put an 0 instead of a O for their registration number!
if anyone else is fighting a case on this car park I will happily share the results of my research to assist them.
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