Court papers parking eye ** help**

Coupon-mad

I would do the acknowledgment of the claim online, simply ticking the box to say you are defending in full. Why post it to the Court when you can do it on Moneyclaim immediately?

And ''I am crossing fingers that the Judge will think 21 mins is petty and not allow it to progress'' concerned me a bit because that's not the basis of any defence. There's a lot you can put into a defence once you have acknowledged the claim and it's not that 21 minutes is petty.

Orrin

nigelbb wrote: »

ParkingEye have appointed solicitors LPC Law to represent them at County Court hearings. http://www.lpc-law.co.uk

They are only solicitors in the loosest sense of the word and most of their "advocates" are BPTC grads unable to obtain pupillage.

There has been some controversy over whether their advocates have rights of audience but I don't know if this was ever settled.

zzzLazyDaisy

HO87 wrote: »

It is useful for those in receipt of PE's claims to have immediate access to the PD so thank you. However, we need to keep in mind the fact that PE's cases are making their way to hearings with little if any adverse comment from the judiciary and from that point of view what is needed is a defence in-depth not just one that relies on PE's failure to abide by the pre-action protocols.etc.

I agree absolutely - OP has repeatedly been advised that she needs to file a full defence. I have edited my above comments to make this crystal clear.

Semolina_pudding

zzzLazyDaisy Thank you so much for all your assistance, really appreciated!
I made a quick call the the court today to clarify a couple of points re any documents I may req to assist my case,mainly the contract between PE & landowner(hopefully PE does not own the land!) & the calibration certificate for the ANPR covering the period of the alleged offence, is there any other body that I will be able to approach for a copy of the latter ? (there is a method to my madness!)
I have a huge favour to ask,I am over half way through my first draft of my defence, in terminology that I can relate to and would feel comfortable in presenting.This case is as much about my self esteem as it is to PE getting their pound of flesh! Could I ask you to cast a quick eye at it (priv mes or email, don't want the PE spies getting any info do we?),when complete,just to highlight if I have made a total !!!! up? Remembering I want to represent 85% of the general population who 'knows nothing' about presenting a case,the courts can't expect 1000's of PE victims to be worldly wise in that respect!
I would quite understand should you not wish to help in that respect,but I feel I have built up a bit of a rapport, and that certainly helps. If I look at anymore threads I think I may simultaneously combust!!

zzzLazyDaisy

Semolina, I don't accept PMs for personal reasons, and in any event I also don't profess to be an expert in drafting defences in these cases (my expertise lies in the pre-action stages).

However there is a lot of advice on these forums and on pepipoo re preparing a defence. Personally I don't think it matters whether you post a draft defence on here or not, since the core issues with ParkingEye are the pretty much the same in all cases, but if you really feel that you want to deal with this by PM or private e-mail, there is at least one person over on pepipoo who helps people privately.

D

Semolina_pudding

****letter recd from PE re court proc & Fee to cancel****
I have recd a letter today from PE with ref to cancelling the claim,but I have to pay £50 within 7 days otherwise it will proceed to court,Is there anyway I could scan/upload this letter rather than typing the contents for your information.I would of course remove any reference to my case.
In short their breakdown for costs are as follows:
Cost of issuing Court proceedings: £25
Cost of obtaining RK details from DVLA £2.50
Postage:£2.50
Admin costs:£20

As I was about to respond to court papers(defend) I don't know what to do now as PE also state 'Should this matter be settled in court,PE firmly believes that all of the associated costs will be found to be owe by you,especially as PE gave you ample opportunity to appeal this Parking Charge'
Will the court think that PE have acted fairly & favorably and award them the case??? As I planned to defend as a lay person(even though I am quite impressed with some very key points in my defence)
Time is marching on me thinks!

Custard_Pie

Semolina_pudding wrote: »

****letter recd from PE re court proc & Fee to cancel****
I have recd a letter today from PE with ref to cancelling the claim,but I have to pay £50 within 7 days otherwise it will proceed to court,Is there anyway I could scan/upload this letter rather than typing the contents for your information.I would of course remove any reference to my case.
In short their breakdown for costs are as follows:
Cost of issuing Court proceedings: £25
Cost of obtaining RK details from DVLA £2.50
Postage:£2.50
Admin costs:£20

As I was about to respond to court papers(defend) I don't know what to do now as PE also state 'Should this matter be settled in court,PE firmly believes that all of the associated costs will be found to be owe by you,especially as PE gave you ample opportunity to appeal this Parking Charge'
Will the court think that PE have acted fairly & favorably and award them the case??? As I planned to defend as a lay person(even though I am quite impressed with some very key points in my defence)
Time is marching on me thinks!

If it was me then I wouldn't pay these cowboys a penny. Like paying a burglar compensation for ripping His trousers breaking into your house to rob you. Depends if you want the hassle. They have said you are not liable for the invoice, so include that correspondence and submit a defense.

Custard_Pie

Semolina_pudding wrote: »

****letter recd from PE re court proc & Fee to cancel****
I have recd a letter today from PE with ref to cancelling the claim,but I have to pay £50 within 7 days otherwise it will proceed to court,Is there anyway I could scan/upload this letter rather than typing the contents for your information.I would of course remove any reference to my case.
In short their breakdown for costs are as follows:
Cost of issuing Court proceedings: £25
Cost of obtaining RK details from DVLA £2.50
Postage:£2.50
Admin costs:£20

As I was about to respond to court papers(defend) I don't know what to do now as PE also state 'Should this matter be settled in court,PE firmly believes that all of the associated costs will be found to be owe by you,especially as PE gave you ample opportunity to appeal this Parking Charge'
Will the court think that PE have acted fairly & favorably and award them the case??? As I planned to defend as a lay person(even though I am quite impressed with some very key points in my defence)
Time is marching on me thinks!

BTW the are trying to second guess a positive result on an unenforceable request for monies. Swot up on here around defenses similar to those for POPLA (signage, contract in place, punitive damages, economy of loss, etc, etc). The PPC has refused Aldi to cancel the invoice without getting some of their costs back, so Aldi are also trying it on.

Orrin

The court won't find for PE simply because you refused their offer to settle for £50. If you believe you don't owe them anything you can still defend the claim and the court will decide.

If it was me I would probably defend, but remember that no matter how strong your case, there is always a risk of losing. Only you can decide if it's worth paying £50 now or going to court.

Semolina_pudding

I don't mind losing tbh,I know that I have acted in honesty,it's just a bit of an 'unknown' that's why I do not want to profess to know contract law inside out.Reading my defence so far has highlighted facts as a lay person sees them,but I have reference to damages/loss of business/contractual obligations etc even about the 'undisclosed period of grace' that the BPA need compliance with.I feel I stand a good chance on all points including health grounds,just about to return to work after spinal surgery to name but one!
My fear is PE stance that they have contacted me on 4 occasions (if you include today's letter & and those from Debt Recovery I think they will find it to be 8,and although I have ignored them all I HAVE KEPT THEM ALL ...is that they have offered me every opportunity to appeal in various forms,but I chose to ignore....WILL THAT GO IN THEIR FAVOUR ?????