By 4pm on 31 January 2014 the Claimant's solicitors shall notify HHJ Moloney QC as the designated Circuit Judge if any similar cases pending in the Cambridge, Essex, Suffolk or Norfolk Courts with a view to their being listed on the same occasion or stayed pending the outcome of these proceedings.During the case which resulted in the judgement the judge was suitably unimpressed with the LPC Law advocate's attempts to get help with the case:
LPC: [bumbling on about new evidence given in trial bundle] blah blah blah.
Judge: "Is that what you're going to rely on?"The hearing was cut short due to lack of time. This is a common occurrence in well defended cases. If you have properly prepared your defence The Prankster recommends you contact the court to advise them that similar cases have taken 3 hours or more.
LPC: "Well if there's guidance you could give........"
Judge: "It's not for me to fight your case!"
LPC: "No, no, no. But if your suggesting we should ....."
Judge: (cutting across) "Look - I am not going to prepare your defence for you. It's a yes or no. Is this what you will be relying on as a defence?"
LPC "Um. Yes. I think so."
A pattern is now emerging. In cases where the Pepipoo defence team turn up to help, no cases have been lost. In poorly defended cases ParkingEye often win. In the middle ground, more and more cases are being won with well researched defences, sometimes with help and other times without. Once judges have been made aware in one case that ParkingEye often operate without contracts in place or contracts that do not allow them to bring the claim in their own name, they are then also applying that to other cases, meaning that even a poor defence can sometimes win if you are lucky enough to get the right judge.
In Barrow-in-Furness in December, ParkingEye v Clarke (a Bargepole-helped case) was followed on the same day by ParkingEye v Pearce. Mr Pearce reported that the judge almost led him through the defence, resulting in a one-two sucker punch defeat.
The lesson is clear. A well-researched defence has every chance of winning. Going on past record, ParkingEye tell many untruths in their claim pack, and use many misleading statements. If you can bring these to the attention of the judge this will have every chance of turning the hearing your way.
The Parking Prankster website has many resources you can freely use to prepare your case and counter any factual inaccuracies ParkingEye try and get away with.
The Parking Prankster