Please help!!!!

JoJoPenguin

I am writing on behalf of my partner. We seem to have been miss advised also to ignore all correspondence from Parking Eye. This was not a windscreen ticket incident it was an anpr incident.
This incident was nearly 12 months ago and all correspondence has been ignored. I know now reading through the posts on here that we should have appealed and if wasn’t successful we could have appealed to POPLA. Obviously this advice is useless to us now and he has received county court papers from Northampton County Court. I am looking for advice on what part of this form to fill out and how to put a defence together if needed.
I have read through lots and lots of posts today and I am struggling to find a simple info on what to do in this particular situation many of the posts haven’t completely ignored all correspondence??

Sorry if this sounds silly, my partner is fretting and wanting to just pay up no to which I am not willing to do but i have come to a loss of what to do next.

Thank you in advance for your help.
PS he has until 26th to get these papers back.

Dublindel

Your argument is for PE to justify the charge as a pre-estimate of loss and to justify every penny charged to you. They will be unable to do so. They will attempt to use company costs as a charge for your breach but that will be thrown out. You did not read the parking signs did you so there is possibility of a contract. Read the unfair contract terms section 5 and use that as well

Coupon-mad

JoJoPenguin wrote: »

I am writing on behalf of my partner. We seem to have been miss advised also to ignore all correspondence from Parking Eye. This was not a windscreen ticket incident it was an anpr incident.
This incident was nearly 12 months ago and all correspondence has been ignored. I know now reading through the posts on here that we should have appealed and if wasn’t successful we could have appealed to POPLA. Obviously this advice is useless to us now and he has received county court papers from Northampton County Court.

I am looking for advice on what part of this form to fill out and how to put a defence together if needed. I have read through lots and lots of posts today and I am struggling to find a simple info on what to do in this particular situation many of the posts haven’t completely ignored all correspondence??

Sorry if this sounds silly, my partner is fretting and wanting to just pay up no to which I am not willing to do but i have come to a loss of what to do next.

Thank you in advance for your help.
PS he has until 26th to get these papers back.

Pointless paying up when most cases never get to a hearing. Even people who lose generally pay £200 (all-in, no costs) and don't even get a CCJ, so it's NO BIGGIE and worth fighting to get it quashed. People who have fought and won are thrilled when they succeed by complaining or making their case so difficult that PE withdraw the claim. People who have fought and lost still say it was worth trying - and we are wining a few now.

Best advice I can give you is to spend a few DAYS reading every PE small claim case on the first dozen pages here on MSE and the first dozen pages here:

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

Most advice is on pepipoo threads and there are loads. Start reading and you will know why I have said just read threads, that's where the defence advice is given every day and we can't type it every time.

The only general threads on here about this process are in the 'WELCOME' sticky, look at the 'Small claims & PPCs' link and 'PPC court cases (non exhaustive)' on the Welcome sticky first then start ploughing through both forums for the advice and links you need.

Oh, and read all the successes on the 'Successful complaints about PPCs' thread at the top of this forum; there are DOZENS after court papers issued where a retailer has stepped in when a customer REALLY complains! You may even find 'your' car park/retailer on that thread, with contact details and how to get them to cancel it.

Finally, another sticky 'LBCCC? Fightback!' will help you identify whether your 'Letter before Claim' or 'Letter before Action' was NON-COMPLIANT with the Practice Direction - which gives you another solid grounds for defence and to rattle PE's cage with a letter as well (once you are confident, having read threads). If you only got a LBA before those court papers it's certainly not a compliant letter, as you will read, and gives you ammo.

JoJoPenguin

Dublindel wrote: »

Your argument is for PE to justify the charge as a pre-estimate of loss and to justify every penny charged to you. They will be unable to do so. They will attempt to use company costs as a charge for your breach but that will be thrown out. You did not read the parking signs did you so there is possibility of a contract. Read the unfair contract terms section 5 and use that as well

Thank you for getting back so quick. Sorry for being vague but were would we say that? this form we have just asks if we accept or decline and if we want to pay in instalments ect ect. What do i do with this form and when i have sent this form off do we do nothing untill we hear back or do we have to follow the form with a letter/defence to the court and Parking eye??? im so lost with this sorry

JoJoPenguin

Coupon-mad wrote: »

Pointless paying up when most cases never get to a hearing. Even people who lose generally pay £200 and don't even get a CCJ, so it's NO BIGGIE and worth fighting to get it quashed.

Best advice I can give you is to spend a few DAYS reading every PE small claim case on the first dozen pages here on MSE and the first dozen pages here:


Most advice is on pepipoo threads and there are loads. Start reading and you will know why I have said just read threads, that's where the defence advice is given every day and we can't type it every time.

The only general threads on here about this process are in the 'WELCOME' sticky, look at the 'Small claims & PPCs' link and 'PPC court cases (non exhaustive) on the Welcome sticky first then start ploughing through both forums for the advice and links you need.

Oh, and read all the successes on the 'Successful complaints about PPCs' thread at the top of this forum, there are DOZENS after court papers issued where a retailer has stepped in when a customer REALLY complains! You may even find your car park or your retailer on that thread, with contact details and how to get them to cancel it.

thank you very much. i have spent all day reading threw, i only registered because it is not making any sence to me everyone has either already appealed or missed POPLA. i have no idea how to fill out this form from the court or what to do once i fill this form out?? feeling really stressed with it all now and reading threw the posts seems people have have brilliant results but i dont know were to start puting a defence together nor filling out this form that we have 5 days left to do??

kirkbyinfurnesslad_2

Right.

Login to the website given within the pack. Select the defend in full option and ask for the extra time to defend. That is all u need to do with the form at the mo. By asking for the extra time it gives you a further 14 days to file the defence

Where did u get this ticket? Shopping site, hotel etc?

JoJoPenguin

kirkbyinfurnesslad wrote: »

Right.

Login to the website given within the pack. Select the defend in full option and ask for the extra time to defend. That is all u need to do with the form at the mo. By asking for the extra time it gives you a further 14 days to file the defence

Where did u get this ticket? Shopping site, hotel etc?

Thank you i will do that tonight. so if i do it online the paper version doesnt need to go back?

it is a carpark that is used for 3 or 4 companies two been laura ashley and dominos . free parking for 2 hours.

kirkbyinfurnesslad_2

Thts right.

Worth complaining to the company you used

JoJoPenguin

kirkbyinfurnesslad wrote: »

Thts right.

Worth complaining to the company you used

it was 12 months ago i cant even remember why we used the carpark :-S dont think i was for them companies.

Coupon-mad

JoJoPenguin wrote: »

thank you very much. i have spent all day reading threw, i only registered because it is not making any sence to me everyone has either already appealed or missed POPLA. i have no idea how to fill out this form from the court or what to do once i fill this form out?? feeling really stressed with it all now and reading threw the posts seems people have have brilliant results but i dont know were to start puting a defence together nor filling out this form that we have 5 days left to do??

Sorry to be harsh, but if reading similar threads is making no sense to you (and did you even bother to read the sticky threads which I carefully picked out for you, which tell you what happens when, and all about recent court wins for you to cite?). If not, if this is how you answer a post that has told you what to do (and I know you said thankyou but you didn't read it!), then you may as well pay or just submit a defence that says 'I deny liability for this parking charge and will give more details when the claimant produces full particulars.'

Then read the threads I told you about, come on...

And complain to the retailers ANYWAY, come on...

I give up. I told you which threads to read. I didn't tell you to read the threads about appeals and POPLA! Obviously they are NOT the threads to read!

No-one will defend this for you but the info is there if you can be bothered.

JoJoPenguin

Coupon-mad wrote: »

Sorry to be harsh, but if reading similar threads is making no sense to you (and did you even bother to read the sticky threads which I carefully picked out for you, which tell you what happens when, and all about recent court wins for you to cite?). If not, if this is how you answer a post that has told you what to do (and I know you said thankyou but you didn't read it!), then you may as well pay or just submit a defence that says 'I deny liability for this parking charge and will give more details when the claimant produces full particulars.'

Then read the threads I told you about, come on...

And complain to the retailers ANYWAY, come on...

I give up. I told you which threads to read. I didn't tell you to read the threads about appeals and POPLA! Obviously they are NOT the threads to read!

No-one will defend this for you but the info is there if you can be bothered.

A bit harsh ouch, I come and register here out of desperation and get my head bitten off. My question was about the actual piece of paper we received and what to do with that which was kindly answered to do online which I have now done. The next question was do I wait for anything else to come or write to parking eye and.the court asap now I have more time. Like I said I have spent alot of time trawling threw posts, sorry that I am not up on how to use forums and stickeys. I can be bothered otherwise I wouldn't be asking for help would I? All the wording doesn't make sence again a apologise that a don't know these things are and I appreciate it must be frustrating been asked the same.quetions all the time but I am struggling hence the reason for then post. I will look again tomorrow at these links and see if there is any advice on what I can use as.defence as I am guessing I put that together now? And I will look at the posts regarding these letters before court papers. Again I will try and look at posts regarding contacting the shops but if I didn't use the shops (no proof) and such a short time scale obviously I am panicking. Thank you again