Cardiff Devil

In my case they sent a gesture of goodwill offer to settle out of court for £70 which I ignored, obviously. Less than a week later I got a notice of a discontinuation of claim through the post. They must have known they were fighting a losing battle against me and they obviously didn't want their contract redaction shenanigans shown up in court and risk getting slapped with an unreasonable costs order. Watch this space. I have a funny feeling they might bottle it and back out in the next few days.

If you have a skim-read through Schedule 4 of POFA, it's a bit word-heavy but the gist of it is, they have to specify and state certain things on the NTK, and the NTK also has to be delivered within a certain timeframe. If they fail to comply with any of these terms, they cannot rely on schedule 4 to pursue the keeper for a charge. They can only go after the driver, and you are under no obligation to tell them who that was. A lot of parking companies fail to comply with the terms of POFA but will try and wing it anyway. PE demonstrably have failed to follow the terms as I outlined above. They may claim in their statement that they've satisfied the terms but you are able to demonstrate that they clearly haven't.

Hi ajjm Hopefully it's not too late. I was out watching Cardiff City lose to Southampton last night so this is the first chance I've had to reply. Two points with regards to POFA. This PCN you got from ParkingEye is identical to the one they sent me back in May 2023. Where they fail to comply with POFA is as follows; They have neglected to invite you to pay the PCN yourself, and; They have failed to specify the period of parking, instead they have listed the times you entered and exited the car park, which are not the same thing. I summed these points up in my witness statement as follows Feel free to use this as you see fit, obviously change the dates and add the numbering. Hope that helps Regards CD

Happy to help. Not nickpicking Dave but I'm assuming "underacted" should be "unredacted"?

Hiya Dave. Sorry I've only just come back on here and seen this reply. I've not really decided yet. I REALLY want to put PE under the cosh but I've got a lot of stuff going on right now that I wouldn't be able to give this my full attention. That's not to say I won't return back to this in a month or two. Cheers CD

Thanks again Dave. I'll save those links to have a read of over the weekend and decide how to proceed next week. I tried calling the court today to confirm that the notice of discontinuation was genuine but I can't get through to them. I've emailed them anyway just to check. I can't imagine PE trying to pull a fast one by sending a fake notice and hoping they get a default judgement, but at the same time I wouldn't put it past them. I'd like to think that kind of behaviour would get them royally screwed six ways from sunday if they were to try it. But we'll see. Cheers CD

Update!! Arrived home tonight to find a letter from ParkingLie. They have discontinued the claim. There's a copy of a Notice of Discontinuance on the back that's dated March 8th. Just over a week after they sent their £70 settlement offer. I'll be contacting the court tomorrow to make sure that this is legit and they're not trying to pull a fast one. Thanks everyone for your help with this. Now on to the claim for the GDPR breach... Thanks CD

WS deadline is the 19th, hence my surprise that PE sent theirs so early. I'm looking at getting everything printed off and posted at the end of tomorrow at the absolute latest.

Cheers Dave, I couldn't have done it without you. Top man. LFI: Of course you'd think they'd realise they're beaten already but this is Parking Eye we're talking about here, so anything could happen. If it goes ahead "on the papers" then there won't be any expenses incurred with regards to attending court (which also fists their "legal representation" argument). Hopefully we get a decent judge who either schedules this for a normal hearing, or just strikes the thing out entirely. Of course there's a chance that all of this could be for nothing if they've neglected or simply forgotten to pay the hearing fee. It was due to be paid yesterday by 2pm so we'll see what happens on that one. Thanks again both of you for the help. CD

Top notch service as always. Thanks Dave and LFI. I'm currently applying a new coat of gloss to my WS based on the suggestions mentioned. I'll post a new draft up shortly for consideration. Thanks CD Here goes, Witness Statement 2.0 Thanks CD WS Draft version 2 - Redacted.pdf

Legendary, cheers Dave. I've updated the first part as you suggested and have inserted a section regarding Loading vs Parking. I'll wait until you've had a proper look later before I post up a second draft. Thanks, as always for your help CD

Perfect, thanks Dave. Yes, the remaining parts of their "pack" were an aerial shot of the site, with the locations of the signs marked, pictures of random signs, copies of the NTK and all the letters they'd sent, plus the heavily redacted contract. Rest assured I'll be including the non-redacted version as part of my evidence. Basically as far as I can tell it was a carbon copy of the "reply to defence" pack they sent a couple of months ago. Hence why I didn't see the need to include it all again, plus it'd have taken me ages to scan it all one page at a time but I can do if it's necessary. Cheers CD

Right, PE's witness statement and my own are now (hopefully) attached. Thanks CD PE_WitnessStatement_Redacted.pdf Draft Witness Statement - Redacted.pdf

Morning all. Received the witness statement and "evidence bundle" from Parking Eye. Unsurprisingly they're happy for this to go ahead on the papers. No surprises there. The claimant also has until 2.00pm today to pay the hearing fee, or else the claim gets struck out. Will wait and see what happens here. I'm going to try and get this scanned up for your perusal today, and also my first draft at a witness statement, as I'll likely need to get this in by the end of the week regardless.

My thoughts exactly. They must have cottoned on to the fact that I have their unredacted contract which should sink their case and hopefully land them in hot water. I'm now wondering if they're going to bottle out before the hearing or whether they'll try and see it through. An update received from the court today; The District Judge has made the following comments: “Objection to lay on file for consideration by the Judge on the date at the time of the hearing as per paragraph 2 of the order of 24/1/24” So it looks like this is not going to get looked at until the day of the hearing at the earliest. Means I'm going to have to get my witness statement and evidence pack in order in case it does go ahead on the papers. I'll start putting something together and post it up here for feedback once I have a first draft.