Court papers parking eye ** help**

Coupon-mad

Different Aldi maybe? Are there two in Preston? Your car park has more than one store doesn't it, but the Aldi in that pepipoo thread with the leaflet is just an Aldi - and I think it was a new store.

Glad you've done the acknowledgement, now you will need to prepare your defence. No reason why you can't use the thread picture of the leaflet (as part of your defence) if you can't get a hard copy, but think which Aldi it may be or join pepipoo for free and send a pm to Slatz to ask him?

Semolina_pudding

Can I ask a simple question,how would one know how it was so important to respond to now what I know as a few lined letter from the PPC as the LBA (no red letters!) The more 'wordy' letter was the one before from DRP+ titled Notice of intended litigation.neither stating anything about letter of acknowledgement.Could I be accused of not complying with practice direction through ignorance? I have stated in my defence the shortcomings of their LBA.
Anyway defence, 4 pages prepared,but the other question is as the store cancelled it(in writing)should I just send a copy of the letter with a very basic,few lined defence initially,keeping my big guns until it(if) it gets to court,or send the whole lot in now?
Just seen your posts re your health issues,may good health return soon and I hope that fellow posters respect this time as you need to keep your batteries charged & chin up.I have beaten cancer,other bits dropping off on a daily basis & that's one reason I am prepared to have my day in court,written in my own words as a housewife who has done a lot of reading,letting the dust have it's day! Basically do I have to send in my full completed defence now as part of the protocol,or save it till later,don't want them to be too prepared.....
Oh a quick ps,do I send any copies of relevant letters/paperwork/photos now,send copies etc or just say 'will be available if required'?
Grateful Thanks from me,your work is totally appreciated.

Semolina_pudding

This one is a bit urgent now ! Do I Send ALL now FULL & FRANK or just basic for know,need to get it in the post.
Thanks everso

Guys_Dad

Semolina_pudding wrote: »

This one is a bit urgent now ! Do I Send ALL now FULL & FRANK or just basic for know,need to get it in the post.
Thanks everso

There is no right answer to that.

However, is there a way that you can add to what you send in now? If so, then bang in what you think best and then maybe with further advice, you can add to it.

jkdd77

The courts are not meant to be for "fishing expeditions"; it's Parking Eye's responsibility to be sure that they sue the right defendant, have proper authority from the landowner to sue, and that the alleged debt actually exists. Having failed to meet these conditions, the costs Parking Eye incurred on their "fishing expedition" are entirely their own fault.

If the claim for the substantive invoice had failed (as it would have done), then Parking Eye presumably wouldn't have received a penny of their costs, but instead would have had to pay the defendant's costs, so why should the cancellation of the claim make any difference to the principle?

Furthermore, Parking Eye are acting as agents of Aldi; if Aldi's actions in cancelling the invoice have caused them loss that is solely a matter between Aldi and Parking Eye, and is not the defendant's fault or responsibility in any way.

Umkomaas

The nub of the issue in the Aldi/PE saga is whether the contract between them permits PE to pursue via the courts on behalf of Aldi.

Aldi refuse to answer the question. I guess we'll have to see if there is a 'first' Aldi customer to be taken to court by PE - then it will come out in 'discovery' when sight of their contract will be required.

The further it goes on without a court case, the more one has to deduce that no such authority exists. If so, Aldi's refusal to confirm this suggests they are very happy to collude with PE in their abhorrent pursuit of their own customers, as once it is clear that no such authority is in place then everyone can ignore PE's grubby little game across all Aldi outlets.

Let's wait and see, but really you couldn't make this stuff up!

zzzLazyDaisy

Hi semolina - I asked you to delete your post from the guidance thread, as that thread is for information, and not for advice on individual cases. It would be great if you could go back and do that. Thanks.

With regard to your questions below:

Semolina_pudding wrote: »

Anyway defence, 4 pages prepared,but the other question is as the store cancelled it(in writing)should I just send a copy of the letter with a very basic,few lined defence initially,keeping my big guns until it(if) it gets to court,or send the whole lot in now?

The first point in your defence should be something like

The defendant denies all liability in this case as the claimant is acting as agent for ALDI in bringing these proceedings and by a letter dated xxxxx ALDI confirmed in writing that these charges have been cancelled. Please see letter attached. The defendant has invited the claimant to discontinue these proceedings but the claimant has refused to do so. Accordingly the defendant respectfully requests the court to strike out this action.

However you do still need to enter your full defence at this stage. Keeping your 'big guns' for later, may result in the court refusing to allow you to make those points, as the purpose of the claim and defence is to make sure both parties have enough information to know what the other's case.

So you need to say something like:

If the court is not minded to strike out this action, as requested, then it is the defendants case that:

Here you need to follow Coupon-mad's earlier advice to file a skeleton defence setting out the bullet points of the defence that you will rely on should this case proceed to a full hearing.

(you dont need to quote cases or go into a lot of detail as you can prepare a 'written submission' later to give to the court setting out your case in more detail with cases references etc )



HTH

Daisy

Orrin

Umkomaas wrote: »

The further it goes on without a court case, the more one has to deduce that no such authority exists. If so, Aldi's refusal to confirm this suggests they are very happy to collude with PE in their abhorrent pursuit of their own customers, as once it is clear that no such authority is in place then everyone can ignore PE's grubby little game across all Aldi outlets.

You have to wonder what Aldi are getting out of all this. I can't believe any reduction in overstayers is worth the bad publicity they will get as the PE county court juggernaut continues to roll.

Does PE have them by the contractual short and curlies, ala Somerfield?

Umkomaas

Orrin wrote: »

You have to wonder what Aldi are getting out of all this. I can't believe any reduction in overstayers is worth the bad publicity they will get as the PE county court juggernaut continues to roll.

Does PE have them by the contractual short and curlies, ala Somerfield?

A rock and a hard place I suspect.

Semolina_pudding

Thanks one and all,appreciated!
zzzLazyDaisy Your comments re my other post were noted,I had already removed it.
Knowing my luck in life, I will be the first case,I will just be glad when it's all over with in which ever direction,I think all this hassle is very stressful especially when recovering from surgery,my last 10+ days of sick leave have been spent glued to the computer ( don't tell my Consultant that,should only have been sitting down for no more than 15-20mins at a time!)....must remember to inc 1 week SSP on my costs should it get that farl At this rate the BB will be on my car rather sooner than I hoped!
I am going to bite the bullet & send in my 'in my own words' all bells & whistles now,like you say don't want to risk relevant points not being allowed if I suddenly brought them up if it does go to court, but then if it fails to get to court they will have chance to rectify some of the points that may just be local issues,but some of them are definitely not!
One issue of interest came to light today.We managed to get hold of a leaflet which is being given out at a store in our region,ostensibly looking like it's Aldi's handy work,as it's addressed to Dear customer,no Aldi logo,but guess who's logo is in BIG letters at the bottom??? I'll try and upload it.But basically it's stating that Aldi staff will not be able to help you with regard to PCN's,hmmmmm strikes me Aldi staff must be getting quite a lot of agro. I'll have a go putting it on for you all to have a peek,unless someone else has already done so.
Just another question before I close,does anyone know the formula that is used to calculate how many minutes parking should be allowed at each site.Local retail park 4 stores = 1hr20min ,1 store on it's own = 1hr30mins....most odd!