Britannia Parking Claim Struck Out
Once again BoEVAT Warrior and hero Matt Semark-Jullien has been taken to court, only this time by Britannia Parking, with edifying results.
In Matt's own words:
'I have now received the court verdict for my case against Britannia Parking.
Their claim was struck out as an "abuse of process"
It is now been proven twice in court that these parking 'fines' are not legal because they cannot deliver an invoice, as you have no contract with them. It doesn't matter if they put their signs up. Unless you purchase a ticket from a machine, there is NO CONTRACT.'
Once again we are all in Matt's debt for his courage and resolve in facing up to these PCN bandits.
The BoEVAT Brothers decided to award Matt the title of BoEVAT Warrior First Class for his contribution to The BoEVAT Remedy and to all those seeking justice for unjust penalty charges.
Oh and Matt has still not received an invoice from Parking Eye for this little fiasco:
Court Orders Parking Eye to Produce Invoices!
In this case Matt had sent Notice One and Notice Two and ignored their threatening letters. When they threatened court action he called their bluff and responded to the court Summons with something very much like this:
(Soft copy of this letter can be downloaded here: Notice to the Court and Statement of Defence)
Parking Eye submitted a huge dossier of irrelevant garbage under the following letter:
Notice the absence of a Statement of Truth. Interesting!
Parking Eye failed to identify the Claimant who is the so-called Supervising Solicitor at Parking Eye, and they did not appoint LPC Law properly as their representative. We believe this may have been a deliberate ploy to enable the Court to stay the case indefinitely.
To cut a long story short, the Judge made the following order:
The Judge has effectively stayed the Judgement indefinitely. We believe this is because to do otherwise i.e. their duty, they would have to expose this business for the enormous fraud we believe it to be!
What can we learn from this?
You are under no obligation to pay any charge for which the Claimant is not prepared to produce a valid wet ink signed Invoice, under full commercial liability and penalty of perjury.
Simple as that!
BoEVAT is not a 'legal loophole' it is a dirty great noose that the PCN bandits have tied around their own necks.
Major respect to Matt for his persistence and courage, he is a true BoEVAT warrior!
This is an early success I had with BoEVAT against the parking bandits Parking Eye.
In response to my BoEVAT Notices, I received the following letters:
You may have noticed that they do not waste time or flowery language in telling me that their charges are cancelled, in each case. They backdated the letters too.
Parking Eye have a reputation for aggressively pursuing their victims for relatively small amounts of money, so their cancellation of the charges in this case shows the effectiveness of The BoEVAT Remedy.
The parking bandits have tried other tactics since this early BoEVAT success, but the only people for whom BoEVAT has not worked are those whose nerve failed them and paid up.