parking eye judgment

BenefitMaster

bod1467 wrote: »

If they delete yours they'll need to delete mine too.

Indeed. Lets see how long it takes.

milhay

Hi, I am hoping someone can help me.
Back in May 2014 my husband and his sister parked in morrison carpark in Reigate and over stayed by about 30 mins. We received an PE parking charge and stupidly my husband said to ignore it. so I did. Then are reminder came thru again ignored it. Then in Sep I received a claim form. So i emailed the court on 2 seperate occasions to explain that it was not me driving the car but I am the registered keeper. Then I mailed the court 2 weeks later to see who I would here from the court or parking eye. I have a read receipt for this mail. Still not heard anything. Then today 29/11/14 I have in my name received a Judgment for claimant letter. Saying I had not replied to the claim form. I need to pay xxx amount in the next 14 days. When I didreply to the claim form. What do I need to do. Do I have to pay it. As not happy to have a ccj in my name as I was not driving. Any help would be apprciated.

Umkomaas

You need to start a new thread of your own, not hijack an old one. But if you've got a court order to pay, you need to get on with doing this pronto (and within 28 days) or you will definitely have a CCJ against you and that will give you real problems in the future (for 6 years) in terms of getting credit or a mortgage.

You can 'challenge' this by asking the court to set aside the judgment, but you'll need a damned good case as to why it should, it will cost you £155 and, if successful, you will then need to defend your initial case against PE and win it, with the court ordering PE to refund your £155.

A tall order unless you can handle the legal challenge you will need to mount.

milhay

Hi Umkomaas thank you for your reply. I am new to all this. Just a quick question do the courts need to acknowledge my claim form?? Or is this how things are done they just send out a judgment claim form.

Umkomaas

milhay wrote: »

Hi Umkomaas thank you for your reply. I am new to all this. Just a quick question do the courts need to acknowledge my claim form?? Or is this how things are done they just send out a judgment claim form.

You do really need to open your own thread, but one more answer from me on this one.

If you didn't formally acknowledge service of the papers, receive a further 14 days (on top of the initial 14 days) to produce your outline defence to the court, you will not have acted in the correct manner, and you have a default judgment against you.

Sending the court an email (even with a read receipt) explaining you were not the driver is not acknowledging service or producing an outline defence. Sorry.

MothballsWallet

Sorry, Andrea, but I need to ask you about this:

MSE_Andrea wrote: »

You might think it's your "right" and that we should back you fully, but we are governed by the law of the land and our Rules and T&Cs make it pretty clear that posting names and personal details, and making personal comments about others is simply not allowed.

Being governed by the law of the UK, what would you do if someone took it higher - such as the EU courts?

They're higher level courts than the UK ones: it might be interesting to see what the EU court makes of it.

waamo

MothballsWallet wrote: »

Sorry, Andrea, but I need to ask you about this:


Being governed by the law of the UK, what would you do if someone took it higher - such as the EU courts?

They're higher level courts than the UK ones: it might be interesting to see what the EU court makes of it.

Interesting point. How does USA law operate too? I mean for example there is a guy called Gordon Hayes in Arizona. An American Judge said I could call him a moron and a crackpot wallet emptier. Does this stand in the UK?

bazster

waamo wrote: »

Interesting point. How does USA law operate too? I mean for example there is a guy called Gordon Hayes in Arizona. An American Judge said I could call him a moron and a crackpot wallet emptier. Does this stand in the UK?

"Moron" and "crackpot" would be fine, mere insults are not libellous or slanderous. "Wallet emptier" might be a problem if it were taken as meaning he was some kind of thief or fraudster. Unless it were provably true of course: the truth is never libel.

All of which is pretty much irrelevant really. This is MSE's forum and they can refuse or delete comments as they see fit. It's all very well claiming that such comments were not actionable, but if it might cost MSE money defending that position are you going to indemnify them?

Mike172

BenefitMaster wrote: »

Well, as some who have seen the Prankster's blog will know.

WE WON!!! :T

POPLA found that there can be no loss for an overstay in a free car park. Well, whodathoughtit!

Ironically, Mrs BM has been on the other side for it - nights have been interesting when we were pre-fighting the case in front of my father in law and perfecting our arguments before Hiz'Onner over dinner. As I just said in a different place last night, Mrs BM and I often end up on opposite sides in a fight, and so some interesting Chinese Walls have developed.

I'm consulting with CouponMad and Lainieenow as to whether we progress to an Equality Act claim against PE and TheRange. Mrs BM says we have a case, and she won't be involved, so she'll help...

But well done to Lainiee for having the guts to fight, and Couponmad for passing it to me to deal with.

Year late but... That was good. Did they ever pursue a claim in the end?