Parking Eye - Court Claim

Coupon-mad

I think the only Solicitor is [Text removed by MSE Forum Team].

You do need to be proactive, as I just posted to ianh05:

https://forums.moneysavingexpert.com/discussion/4770641

pepipoo has a wealth of examples of threads showing all the likely scenarios with these PE claims and a shedload of advice on many of those threads.

Tandon

Coupon-mad wrote: »

I think the only Solicitor is [Text removed by MSE Forum Team].

You do need to be proactive, as I just posted to ianh05:

https://forums.moneysavingexpert.com/discussion/4770641

pepipoo has a wealth of examples of threads showing all the likely scenarios with these PE claims and a shedload of advice on many of those threads.

[Text removed by MSE Forum Team] is the solicitor who signed the Court Claim papers I received. My understanding is that as she is a paid employee of PE I can challege the £50 'solicitors fees' they are claiming.

I have posted a skeleton defence and made the proviso of posting a full defence when I receive the documents I requested from PE, as suggested in one of the threads I've followed.

Coupon-mad

Sounds fine and yes you can challenge the £50 as well as the whole claim of course.

Tandon

Coupon-mad wrote: »

Sounds fine and yes you can challenge the £50 as well as the whole claim of course.

What happens next? I've had an acknowledgement of my defence from the court but PE haven't responded with any of the information I've requested from them.

Parking-Prankster

(Text removed from MSE Forum Team) is a claim handler for ParkingEye. You won't know about him yet, but he will file a witness statement a few days before the filing deadline (14 days before the court hearing).

This statement will typically be full of inaccuracies, untruths, new legal arguments, allegations, unsubstantiated comments and new evidence. In short, not really a witness statement.

ParkingEye try and get away with this because they assume most defendants don't really know this is not allowed in a true witness statement. Filing this so close to the deadline gives you little time to answer all the untruths and the new legal arguments they raise.

Coupon-mad

Tandon wrote: »

What happens next? I've had an acknowledgement of my defence from the court but PE haven't responded with any of the information I've requested from them.

It's a waiting game during which you would do well to rattle some cages to get this cancelled. Rattled them already? Rattle them again, strongly.

As for PE there are 2 schools of thought, because the ball is in their court and you've submitted everything you need to do, either:

- let sleeping dogs lie and hope they don't proceed in time so the case is stayed (read the stayed cases on pepipoo or here by searching either forum for that word).

or

- send a robust letter to Parking Eye full of assertive statements about what you know about their recent failures and why they will fail in this case too, why you are not liable and they have no standing, etc.

The cage rattling should be done anyway this coming week, and is for the landowner/occupiers (remind us who that is and what you have done so far to make them cancel this rubbish?).

barbsch

Tandon wrote: »

At the end of February 2013 I parked in what turned out to be a Parking Eye controlled car park for more than the 2 hour "limit". In March I received one of their Parking Charge Notices. Foloowing the advice here, I ignored it and the reminder. At the beginning of July I received a Letter Before Action from Parking Eye. The advice here still seemed to be to ignore so I did not respond to it.

I have now received a Claim Form for Northampton County Court. What do I do now, can I defend?

please read my post 'have just won an appeal' and
- do not ignore court papers, ask the court of extra time to deal with a complaint against the industry practice;
- regardless of whether the Court grants that or not, write immediately to BPA as they discourage PE to go to Court!
- write to PE asking to send you an appeal response (you can call your letter an appeal, even if out of time), and then
- write to POPLA and explain your situation and why you think their ticket was unreasonable. (Most likely it is again because they CANNOT jsutify the charge by losses incurred by landowner or similar);
- if available seek advice from CAB.
Good luck!

Coupon-mad

barbsch wrote: »

please read my post 'have just won an appeal' and
- do not ignore court papers, ask the court of extra time to deal with a complaint against the industry practice;
- regardless of whether the Court grants that or not, write immediately to BPA as they discourage PE to go to Court!
- write to PE asking to send you an appeal response (you can call your letter an appeal, even if out of time), and then
- write to POPLA and explain your situation and why you think their ticket was unreasonable. (Most likely it is again because they CANNOT jsutify the charge by losses incurred by landowner or similar);
- if available seek advice from CAB.
Good luck!

I wouldn't do any of that! :eek:

Tandon

Parking-Prankster wrote: »

Jonathan Langham is a claim handler for ParkingEye. You won't know about him yet, but he will file a witness statement a few days before the filing deadline (14 days before the court hearing).

This statement will typically be full of inaccuracies, untruths, new legal arguments, allegations, unsubstantiated comments and new evidence. In short, not really a witness statement.

ParkingEye try and get away with this because they assume most defendants don't really know this is not allowed in a true witness statement. Filing this so close to the deadline gives you little time to answer all the untruths and the new legal arguments they raise.

Thanks for that. I will certainly provide you the details you request should this happen.

Tandon

Coupon-mad wrote: »

The cage rattling should be done anyway this coming week, and is for the landowner/occupiers (remind us who that is and what you have done so far to make them cancel this rubbish?).

Presumably I will get further communication from the court as to what happens next?

B&Q stated that the land is owned by Savills. I wrote to Savills on Monday to complain and as them to cancel the PCN. They have yet to reply. I also wrote again to B&Q requesting they cancel it bt again, so far no reply. I will write again to Parking Eye and again request information and a POPLA code. Any other cages to rattle? Should I write to BPA as barcsch suggests?