Sunday, 11 June 2017

India Beavan agrees to drop Millenium Parking Services claim

Millennium Door And Event Security v Mr X. 09/06/2017. C7GF0Y0M. Swansea. DJ Scannel

Millennium took a motorist to court for parking in a spot which the resident had rights to park. The keeper was not a resident, but had the resident's permission to park.

The Hearing

The motorist represented themself. India Beavan represented Millennium.

The motorist had 3 main defence points.

1. Failure to comply with civil procedures.
2. Denied breach of contract due to the lease and forbidding signs.
3. No keeper liability.

Judge Scannel said that the claimants statement did not address the issues of the lease and the issue of keeper liability.

India Beavan replied about the lease, first saying "we didn't address this because the defendant is not a resident", Judge Scannel replied "But the lease grants use of a parking space."

Judge Scannel then moved onto keeper liability. India Beaven stated "We are claiming the defendant was the driver, the defendant did not say at any point he was not the driver, had he said this we would have withdrawn the case earlier."

Judge Scannel said that it was on them to prove the defendant was the driver, Judge Scannel then asked if the defendant was going to identify the driver". He replied "No". India Beaven then said "In that case we shall withdraw."

Mr X was awarded costs of £50.

The motorist found India Beavan to be friendly and polite, and thought she was perhaps "thrown under a bus" by Gladstones with their template witness statement.

Prankster Note

Millennium historically did not use keeper liability. If they are claiming against you and you are not the driver, it is worth writing directly to India Beavan, Head

Dear Ms Beavan,

I note that in Millennium v Mr X C7GF0Y0M, Swansea, 09/06/2017 you were representing Millennium and withdrew the claim once the defendant refused to identify the driver as keepe liability did not apply.

I confirm I am not the driver.
(any proof you have here)

I therefore invite you to withdraw the claim immediately. If you fail to o this, and the claim is dismissed because keeper liability does not exist, then I will claim my full costs under 27.14(2)g for your unreasonable behaviour in not withdrawing a claim when you know you have no cause of action.

File the letter with your evidence, and claim for time spent at the litigant in person rate of £19/hour.

Millennium had 3 other cases in court on Friday - the results of these is not known.

Happy Parking

The Parking Prankster

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