Parking Eye advise needed court summons

swfc96

so where do i start my defense as i state had x2 letters the court papers and the one on Saturday.
do i state proper proceeding have not been addressed to me ?
i was not given the 28 days
i am trying to get a popla code from PE as i was never given a chance
i had no real info till Saturday to build a defense
i read so my different ways to go about it ??

zzzLazyDaisy

swfc96 wrote: »

i got court papers on 19th September and replied on same day via email and letter..

swfc96 wrote: »

so where do i start my defense as i state had x2 letters the court papers and the one on Saturday.
do i state proper proceeding have not been addressed to me ?
i was not given the 28 days

I am totally confused.

Since you have already been in contact with the court, acknowledged receipt of the court papers, and asked for the case to be heard at your local court, how on earth can you now now claim that the proceedings were not properly addressed to you, or that you were not given the 28 days to defend?

Apologies if I am missing something obvious but it is really difficult to help when you are so unclear about the facts.

Daisy

swfc96

From day one i have only received the court papers in September 2013 and the PE one on 19th October 2013 with more info .dates times etc
i should have had a invoice giving me a option to pay within 28 days etc for reduced fee of £50 i never had this .
i just replied to the courts and PE stating it was my 1st letter and nothing about it till now.

Hovite_2

I'm sorry but this one doesn't feel right !

Note the football name as well !

SWFC96 - if you are for real then you need to provide a detailed and accurate description of EVERYTHING you've received and on which dates.

zzzLazyDaisy

swfc96 wrote: »

i should have had a invoice giving me a option to pay within 28 days etc for reduced fee of £50 i never had this .
i just replied to the courts and PE stating it was my 1st letter and nothing about it till now.

Okay, forget about the letters you should have had from PE for now. At the moment they are not the most important thing.

What matters is where you are up to in the court proceedings, because like it or not, the court case IS going ahead, and unless you file a proper defence, and comply with court directions / procedure, you are going to get a CCJ against you, so you need to get on top of this and fast.

So it is important that you tell us now, in date order, exactly what has happened SINCE you got the court papers (forget everything before that for now).

1 Did you log onto MCOL and acknowledge the claim and ask for time to defend, as per the instructions on the court papers?

2 If you did not do this, did you send the acknowledgement of service by post with the box ticked saying you intend to defend in full?

3 What date did you send the e-mail to the court and what did you say in the e-mail?

4 What date did you send the letter to the court and what did you say in that letter?

5 Have you sent anything else to the court whether by e-mail or post, and if so what was it, and what did it say?

6 Have you at any time completed and returned the Defence form (whether online or by post) and if so what did you put on the form?

7 have you had any more letters from the court since then? If so what was the date and what did the letter(s) say?

8 Did the PE letter come directly from PE or did it come via the court?

9 Have you had form N180 from the court yet?

10 Is the court case still with Northampton County Court or has it already been transferred out to a local county court?

Sorry for the questions but we need this information from you in order to get a handle on what has happened since you received the court papers, so we can help you.

Daisy

swfc96

on the 19/9/2013 i received court summons for Northampton cc
on 19/9/2013 i replied to PE and Northampton cc stating it was my 1st and only letter i have had and needed more info and to move the case closer to sheffield.
the letter states car was over 2hr stay on 12/12/12 entered 19.03pm
left 22.20pm 1hr 17mins over stay .
27/9/13 courts replied back stating they would get in touch with PE to see they wanted to proceed.
19/10/2013 PE replied back stating they are proceeding and sent me details of time,date,car reg .pictures of car,site,signs,etc.
i have replied back again to PE stating i was not the driver and not there at the time of this issue as it was my daughter and also i have not had 28 days to reply back from 1st date of offence 12/12/12 as no letter sent to me, so had no chance of me to appeal to popla etc

Hovite_2

I await to be contradicted but it looks to me that you're past the 28 day period for putting in a proper defence. It looks awfully like you'll get a default judgement.

swfc96

1 Did you log onto MCOL and acknowledge the claim and ask for time to defend, as per the instructions on the court papers?
yes

2 If you did not do this, did you send the acknowledgement of service by post with the box ticked saying you intend to defend in full?
defend in full

3 What date did you send the e-mail to the court and what did you say in the e-mail?
19/9/2013
it was my 1st letter and needed more info time,dates,etc as i new nothing about this court case and to move court closer to sheffield

4 What date did you send the letter to the court and what did you say in that letter?
19/9/2013
it was my 1st letter and needed more info time,dates,etc as i new nothing about this court case and to move court closer to Sheffield

5 Have you sent anything else to the court whether by e-mail or post, and if so what was it, and what did it say?
no

6 Have you at any time completed and returned the Defence form (whether online or by post) and if so what did you put on the form?
yes
19/9/2013
it was my 1st letter and needed more info time,dates,etc as i new nothing about this court case and to move court closer to Sheffield
but i did offer to pay court fees and a days car parking fees as what PE had lost .

7 have you had any more letters from the court since then? If so what was the date and what did the letter(s) say?
yes
court would get in touch with PE to see to carry on or not

8 Did the PE letter come directly from PE or did it come via the court?
1st letter court summons

9 Have you had form N180 from the court yet?not sure will check when home later

10 Is the court case still with Northampton County Court or has it already been transferred out to a local county court? not had anything back stating change of location?
thanks for your time daisy

bod1467

Item 8 ... you said the PE letter came on 19/10 - was this via the court or direct from PE? (I think item 8 is asking about the PE letter, not the 1st court letter).

Coupon-mad

5 Have you sent anything else to the court whether by e-mail or post, and if so what was it, and what did it say?
no

6 Have you at any time completed and returned the Defence form (whether online or by post) and if so what did you put on the form?
yes
19/9/2013
it was my 1st letter and
needed more info time,dates,etc as i new nothing about this court case and to move court closer to Sheffield but i did offer to pay court fees and a days car parking fees as what PE had lost .

No defence submitted then. I would submit a defence to the court asap before you get a default judgment. Read SpaceCowboy55's thread for an idea of what a defence looks like.