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Parking Eye - County Court Claim Form

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
46 replies 39.1K views
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  • zzzLazyDaisyzzzLazyDaisy Forumite
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    dgwave73 wrote: »
    As I ignored the LBA (as it was from PE) do I need to send a formal acknowledgement letter (with the legal challenges) in addition to the online acceptance, or do I just send in a defence? Can I include all the same arguments as per the acknowledgement letters (lack of practice direction compliance, requesting POPLA reference, cost breakdown,contractual issues etc) or just tell them that I was a customer who didn't know about entering registrations in a computer...
    Again, thanks

    The online acceptance is the acknowledgment of service (unfortunately it has a similar sounding name to the acknowledgment letter in the pre-action protocol, which you can forget about as the time for that has gone). You can also forget requesting a POPLA code for the same reason.

    SO - you have already acknowledged service. That means you have 28 days in total from receiving the claim pack, to file your defence, which you also do on-line.

    So you are explaining your case to the court.

    A lot of the issues are the same as if you were making an appeal to POPLA.

    But you should start your defence by explaining that the claimant's letter before action did not comply with the Practice Direction on Pre-action conduct, and that you have only just found out about the Practice Direction. Refer to paragraph 4 of the PD on non-compliance and sanctions, and ask the court to stay the case to allow the parties time to complete the pre-action procedure.

    D
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Coupon-madCoupon-mad Forumite
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    dgwave73 wrote: »
    As I ignored the LBA (as it was from PE) do I need to send a formal acknowledgement letter (with the legal challenges) in addition to the online acceptance, or do I just send in a defence? Can I include all the same arguments as per the acknowledgement letters (lack of practice direction compliance, requesting POPLA reference, cost breakdown,contractual issues etc) or just tell them that I was a customer who didn't know about entering registrations in a computer...
    Again, thanks


    You are not alone, there are hundreds of posts like yours on here and on pepipoo forums (all being defended by ordinary people like you) as PE have gone power-mad.

    Some people have got their fake PCNs cancelled by Store Managers or Retail Parks even at this late stage (albeit that PE then send a sneaky letter trying to wheedle £50 for their wasted 'costs'! Read threads on it by searching). Best (for you) to get it in writing or by email from the store manager, that they wish for the ticket to be cancelled; be very assertive about the harassment but polite of course. If you can get this quickly you can use it as part of your defence (i.e. 'the retail client for whom PE are a mere agent, has indicated the ticket should be cancelled').

    See my reply and zzzLazyDaisy's reply here:

    http://forums.moneysavingexpert.com/showthread.php?t=4587137

    Hope the links I gave there help you to formulate a strong defence. You must look to rebut EVERY point made by PE in their particulars of claim, blow by blow (if you do not rebut a point you are deemed to have accepted it). The link should help.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • I returned to Pizza Hut and spoke to a very helpful manageress who agreed to cancel the PCN. She seemed quite exasperated by the daily problems they encounter with PE- she told me they cancel 6-10 per day! I will wait for my cheeky letter asking for court costs to be re-paid!
    Interesting to note that there is still no signage in the foyer telling customers about the need to input their car reg into the computer.

    I would re-iterate that it is correct to advise not to pay and follow the advice in relation to acknowledgements/LBA's etc but don't do what I did and follow advice to ignore the letters - they don't go away!
  • edited 17 August 2013 at 6:46PM
    Coupon-madCoupon-mad Forumite
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    edited 17 August 2013 at 6:46PM
    Now that's great news! Shame you sound as if she only said this verbally, you really need proof in writing that 'the principal' wants the charge dropped by this agent.

    You do know the Court case isn't cancelled & you must still defend, if you've not sent your defence already you must still adhere to court deadlines or you'll lose by default?

    I would state in your defence response that Pizza Hut are the Principal (PE a mere agent) and Pizza Hut have cancelled it, and in a separate letter to PE you could urge them not to bother asking you to contribute £50 to their Christmas jolly by sending a template reply whinging that they have incurred costs (tough!) because you will not assist.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • So, parking notice cancelled! I went back to the restaurant and they cancelled it without any issue at all. I now have a polite note from parking eye though asking for payment of their charges, amounting to £50. Apparently this is 'a direct cost associated with your inaction' as I ignored all the letters. This is on a 'without prejudice basis (save as to costs)' and the claim will remain against me if I don't pay. Surely if the notice was incorrectly issued, I can't be liable for their costs!? Could the matter still go to court (I have the acknowledgement of defence from the court) and the costs be settled against me? Thanks.....
  • edited 22 August 2013 at 5:39PM
    spacey2012spacey2012 Forumite
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    edited 22 August 2013 at 5:39PM
    Just keep your nerve, the judge will throw them straight out.
    Dont forget your accounts for your losses and make sure you ask for expenses.
    Parking eye are walking around with their bollox out at the moment, they are well over due a swift kick in them.
    Be happy...;)
  • buglawtonbuglawton Forumite
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    I am exactly the sort of person who would overlook a new procedure like having to log my number plate in on a little terminal when I do a bit of casual shopping or eating. The rough message I am getting is: Avoid Aldi and Pizza Hut type places unless I happen to be walking or cycling past one. Must warn the missus about this too.
    It's 2013 and automatic number recognition plus a very large clear sign at the car park entrance saying how long you can stay for is all I should ever need.
  • UmkomaasUmkomaas Forumite
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    queensland wrote: »
    This is my first post so sorry if its the wrong place.
    My daughter received her first 'fine letter' in the early part of the year and following the feel of threads on all the different sites I ignored all the follow up letters. I now have received 'court' papers from Northampton Court and have decided to pay it. Wish I'd paid in the first place, maybe it was worth a try, but doesnt seem so as more people appear to be receiving these court issued papers. Oh, by the way this is genuine and not a input from Parking Eye.

    Yes, you have posted in the 'wrong' place, but no worries, please copy and paste your post into a new thread of your own then you will get advice specific to your case. Tagging on to an other poster's thread becomes messy and advice confusing as to who is being answered.

    With your own thread the advice will be to you only. Any interlopers will be chased off (as you have been, in the nicest possible way, from this one) :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
  • queensland wrote: »
    This is my first post so sorry if its the wrong place.
    My daughter received her first 'fine letter' in the early part of the year and following the feel of threads on all the different sites I ignored all the follow up letters. I now have received 'court' papers from Northampton Court and have decided to pay it. Wish I'd paid in the first place, maybe it was worth a try, but doesnt seem so as more people appear to be receiving these court issued papers. Oh, by the way this is genuine and not a input from Parking Eye.

    Please post under a new thread.

    If you have anymore free cash can I have your address so I can send in an invoice for replying to this post. £100 reduced to £60 if paid within 12 minutes.
    Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.
  • Coupon-madCoupon-mad Forumite
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    dgwave73 wrote: »
    So, parking notice cancelled! I went back to the restaurant and they cancelled it without any issue at all. I now have a polite note from parking eye though asking for payment of their charges, amounting to £50. Apparently this is 'a direct cost associated with your inaction' as I ignored all the letters. This is on a 'without prejudice basis (save as to costs)' and the claim will remain against me if I don't pay. Surely if the notice was incorrectly issued, I can't be liable for their costs!? Could the matter still go to court (I have the acknowledgement of defence from the court) and the costs be settled against me? Thanks.....


    They always send that sneaky letter, when the store cancels the fake PCN, to try to claw some money back. I certainly wouldn't pay it! The letter is marked 'without prejudice' so can't be mentioned in court by them or you.

    You can see that letter if you 'search this forum' for the keywords 'without prejudice' because it's not a term that's used often on this parking board.

    However, I would reply and say 'You clearly know that the principal has cancelled your unjustified ticket and if you now pursue this case to a court hearing I will defend it vigorously and show that you have no cause of action as an agent on site. I have written evidence that the ticket has been cancelled because it should never have been issued or pursued. Your claim is totally without merit as is your letter trying to get me to pay you £50. It seems you are trying to get something out of me to cover the fact that your business model is flawed - it is a fact that all too often, you waste money pursuing genuine customers. That's your problem, frankly, not mine and I suggest you reconsider your signage and system at that site so that genuine customers know what to do from prominent signage and are exempt from the outset.'

    To answer your question, yes they can still go ahead with the small claim. Doubt they will, but this letter is well-known. Read what others did by searching the forum for the keywords I suggested.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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