The Parking Prankster has updated his sample defence, which is available at this web page.
http://www.parking-prankster.com/sample-defence.html
There are now two slightly different defences, one for free car parks and one for paid car parks. The defences have been updated to take into account recent developments, such as Judge Cross ruling that VCS v HMRC is not applicable to the ParkingEye business model, and Judge Jones ruling that a contract does not exist in a free car park.
The defence has also been updated to take into account that ParkingEye's new 'Explanation of charge' document has removed the false statement that the charge per ticket issued was £53/£55.
The evidence has been updated too, with some older items removed, and the addition of POPLA's special ruling that ParkingEye's charges are not valid, the addition of the 2012/13 ParkingEye accounts, and and updated DVLA keeper request. A history of ParkingEye's different 'Explanation of Charges' is also included.
The cases referred to, where transcripts are available, can also be downloaded.
The sample defence should really only be used in an emergency. In most cases you should personalise it, because in large numbers of cases other factors also apply. However, if the filing deadline is upon you, then download and file this defence.
The Prankster is in the middle of a substantial update of his guides, which will also take these new cases into account.
Happy Parking
The Parking Prankster
Putting the fun back into parking
Click for guide to fighting ParkingEye court claims
Click for help with low-cost appeals and court defences
On behalf of the many people you assist with your blog, the attention to detail and the myriad examples of the ways to mount a defence to a parking claim I thank you wholeheartedly.
ReplyDeleteHear hear!!!!!!!!!
ReplyDeletePP
ReplyDeletetried opening the two defences ...what prog do we open them with???
Microsoft Word is what you need or google for a docx viewer
DeleteYou can also use Libre Office which is a free download
DeleteYou can also use the free Open Office.
ReplyDeleteOh thank you so much. Just as I was burying my head deeper in the sand this turned up exactly 14 days before my hearing so I bunged it in quick. Feels a bit better ��. Had case stayed till 30 the May because of Cambridge case but it's taking sooo long!!
ReplyDelete