PE reply to Defence

Bowes100

Just after a little advise on what to do next please.

I've had court papers, responded within the time scale and now recieved a reply to my defence from PE. At first I thought I was on a loser, however I've now scrutinised it and feel I still have a chance at fighting this.

In the defence PE are 'inviting me to mediate' is this a good idea? Or let the courts do the work?

PE have admitted the letter before action does not comply with all aspects of the pre-action protocol and have created a new letter before claim (I have not recieved this). So what should I do now?

The defence is quite contradictive at times and states I did not contact them at all and so far no appeal has been received. This is not true I did appeal when I recieved court papers and they returned a letter telling me I could not appeal as it had passed the 28days and refused me a POPLA code. The defence then goes on to say I did not not make representation to PE within the time scale.

They call themselves the 'landholder' and state they have written authority to monitor the car park. But in my defence I asked for documentry evidence of an agreement/contract. One has not been supplied.

I'd like to reply to their defence (im not sure if thats possible?) If so is there anything else I should stick the boot in with to help.

Any help greatly appreciated. Thanks

Umkomaas

There's a perfectly good mediation service - POPLA - it is industry specific, appointed by the Accredited Trade Association of the parking industry and is knowledgeable in all things of a parking nature. It is the ideal Alternative Dispute Resolution that would save the courts becoming involved in this. It would be fair to both parties. But as PE lose every time there with appeals advised from here, I don't expect they'll be too enamoured with you suggesting this!

However, if it does get to court, it will show that you have taken reasonable steps to resolve this and should play in your favour. So go back and make this suggestion and ask for a POPLA code. I'd be very interested in how they respond.

Are you following these stickies?

https://forums.moneysavingexpert.com/discussion/4754020

https://forums.moneysavingexpert.com/discussion/4585747

Bowes100

Yes - I have read the stickies and I'm gaining the confidence to fight a bit more.

So do I just contact PE direct to do this or via MCOL?

Thank You

Coupon-mad

You do both. You would learn a lot just by reading the hundreds of recent PE small claims thread on pepipoo forum where advice has already been given umpteen times:

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

I always suggest you spend a couple of hours clicking on EVERY thread title talking about PE small claims/Northampton, go back a dozen pages if you can and read the advice already there. Do fight this - most of these claims never end up in a hearing - many are cancelled by the retailer/landowner (see the Successful complaints sticky here on this MSE forum with a dozen or so recently cancelled after court papers were issued, by the power of the angry customer!). And many actual claims that do proceed are won at the hearing by the defendant. See the 'WELCOME' sticky by Crabman which includes a link to PPC court cases (non-exhaustive, but all the ones recently won are there including PE cases). I presume you have read the PPC small claims sticky thread already.

I mean the 'Stickies' on here not on pepipoo; on there I urge you to get stuck into reading thread after thread, advice and link after link about PE small claims!

zzzLazyDaisy

Bowes100 wrote: »

PE have admitted the letter before action does not comply with all aspects of the pre-action protocol and have created a new letter before claim (I have not recieved this).

How can they create a new 'letter before claim' AFTER they have started the court claim? The clue is in the title = 'letter BEFORE claim'. Honestly, I despair of their so called 'legal department' I do really...

Bowes100

zzzLazyDaisy wrote: »

How can they create a new 'letter before claim' AFTER they have started the court claim? The clue is in the title = 'letter BEFORE claim'. Honestly, I despair of their so called 'legal department' I do really...

I've no idea, I took this as an oppertunity to 'win' my case :rotfl:

Thanks Guys. Will keep you posted as to how things go. I have tried complaining to the hotel but no such luck. I must do that trip advisor report too, but didn't wish to rock the boat just yet:D

Coupon-mad

Seen this offer?

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

PP can help you as he has collated a lot of useful information from recent PE cases.

Bowes100

Thanks Coupon-mad

I have messaged parking prankster and hopefully he will be able to help me in some way.

PE have replied to my second defence with a copy of a letter for permisson to proceed to court sent to Marriott, followed with an return email from Marriott stating they have permission. I asked for a contract. Surely this can not be used in court?

Coupon-mad

Were you staying at the Marriott? Try an urgent complaint to the Hotel then if you have not already, not mentioning that 'permission', just complaining (of course) that as a customer you are being taken to court by their agent. See what they say, do it by email if possible so you have a paper trail...could be interesting and useful to cast doubt, if the Marriott say to you that they will try to get the charge cancelled!

Have you seen the cases recently won against ParkingEye last week? I have added them to the growing list of PPC court cases here:

List of PPC Court Cases (non-exhaustive)

and there was also this in the WELCOME sticky thread, hope you have seen it:

Advice: Small Claims & PPCs

Parking Prankster will have some useful stuff for you I am certain.

Bowes100

I have already tried the Marriott via email and letter, they are sticking to their guns.

Umkomaas

Bowes100 wrote: »

I have already tried the Marriott via email and letter, they are sticking to their guns.

Well, here's another way of dealing with Marriott - get yourself over to TripAdvisor and write a stinking review warning potential guests that this is how the hotel treat their guests - they would rather see their guests in court than deal with their problem, as a result of their patronising a Marriott hotel.

Bet that brings in a different response from them!