County Court Claim Form from Parking Eye

leehamilton171

Hi all,

Your help with this will be much appreciated.

I have attempted to read some of the previous threads but have just got 'lost' in the mix of it all.

Basically, I write this on behalf of my wife.

She received a letter from Parking Eye many moons ago regarding staying over her time limit at the Range in Halifax. From what I understand, going off advice of friends she has ignored all letters from PE and not paid or acknowledge them.

Today I opened a letter addressed to my Wife from Northampton CC. Basically PE are claiming for £165.00 (£100.00+£15 court fee, £50 Solicitors fee). She has basically got to either pay or disagree with the claim and let it go to court.

My wife has been adamant all along that she does not need to pay and the letters from PE are just threats, however the County Court Claim form seems to make it a little more real. I have read the previous threads explaining that it costs PE £25 to apply to the courts and if so many people pay it covers the costs and more of those that don't but basically I don't know where to go or what to do now. Do I pay, don't I pay?

The claim form says; claiming monies outstanding for parking without authority on private land, capturing my wife's vehicle entering and leaving the car park, overstaying the max stay time. It goes on about their T&C's and that she was given the opportunity to take her appeal to POPLA, but it was not taken.

Obviously we don't want to have to pay if we don't have to but don't want this going to court and having to pay more.

Any advice, sample letters, words of wisdom etc would be greatly appreciated right now.

Thank you in advance, it is appreciated

martmonk

see this sticky from the top of the forum https://forums.moneysavingexpert.com/discussion/4585747
and this link contained in it
https://forums.moneysavingexpert.com/discussion/4705657

Coupon-mad

Your wife should have read the current threads on here or on pepipoo rather than assume the old 'ignore' advice still applied after the Protection of Freedoms Act 2012.

PE have been issuing court papers to ignorers in their hundreds/thousands, since May. This is a real shame because if people read the forum they can now appeal in a meaningful way and win at POPLA every time. Too late for that. But not too late to fight back.

As there are literally dozens of threads about how to fight back, on here and on pepipoo forum (where every fifth thread is about defending v Parking Eye) it's easier to show you another couple of threads of answers to start you thinking 'have they done this right?' I hope you've kept the letters not binned them because a lack of certain letters from PE can lead to a strong fight back approach:

https://forums.moneysavingexpert.com/discussion/4789668

https://forums.moneysavingexpert.com/discussion/comment/63488451#Comment_63488451 (info from me and from Daisy, loads of links to read)

This is not a time to pay up but you do have to act assertively - not just assertively in responses to the court and PE. To the retailer as well (major complaints and retail facebook/twitter anger does work even at this stage). Trouble is The Range are among the WORST to even bother to do anything when you complain - we have found complaints to the Range Store Managers have some success whereas complaints to the CEO are simply rebutted.

You must acknowledge the claim and 'defend in full' which extends the time to submit a skeleton defence to 28 days from service of those papers. It will be in a court near you IF it goes to a hearing (the vast majority do not, when defended well and complained about).

I suggest you read other threads on this forum and on pepipoo:

http://forums.pepipoo.com/index.php?showforum=60

Read back a dozen or so pages on each of the two forums, clicking on ALL the PE court case threads. You will learn loads and it should help you to see this isn't such a biggie - it will conclude the matter one way or the other but not with any effect on credit rating etc. as long as you defend.

Coupon-mad

Please update us as to what has happened so far and if you have rattled enough cages to get this cancelled yet. Read the thread by Jersh where we have added lots of info to galvanise him into action!

Coupon-mad

If you have not got it cancelled yet, please read this:

http://parking-prankster.blogspot.co.uk/2013/11/do-you-have-court-hearing-with.html

Please contact PP as he has a wealth of information to add to your defence & understanding.