PE/Stayed Claim

NBDS

Hi,

I am a user here but very aware that PE trawl the forums!

I have recently defended a claim from Parking Eye on MCOL, and had not had any response for circa 6 weeks. I then received a letter from PE directly saying they refuted my defence, with a 15 page document as to why.
I thought it was extremely strange to come from them, when previous documents had come from the county court, and then continued via MCOL. I also thought that there would have been a 28 day time limit (equal to the time I had to file my defence) for them to respond.
MCOL’s customer helpdesk confirmed that the case had indeed been “stayed” due to PE not responding, and that the only documentation about the case should come from them (so in my opinion PE were obviously trying to scaremonger by sending documents directly to me).
They told me PE would have to apply and persuade a judge to overturn the stay.

So, my question is – has this situation happened to anyone else (or is anyone aware of it occurring – I could not find anything when I searched) and if so, what was the outcome? I’m just interested to know if it’s likely PE will continue with this.

Thanks

peter_the_piper

Have you also posted on pepipoo as I seem to remember one like this on there (I think)

NBDS

I haven't, no but I will take a look over there.

bargepole

NBDS wrote: »

... I then received a letter from PE directly saying they refuted my defence, with a 15 page document as to why.
I thought it was extremely strange to come from them, when previous documents had come from the county court, and then continued via MCOL.
....
So, my question is – has this situation happened to anyone else (or is anyone aware of it occurring – I could not find anything when I searched) and if so, what was the outcome? I’m just interested to know if it’s likely PE will continue with this. ...

It's quite normal, once a claim has been logged as a defended claim, for the claimant to send stuff to the defendant, as long as they also send a copy to the Court. Equally, you could respond with a rebuttal of the points in their statement, copies to the Court and to PE.

But I wouldn't do that now, the ball is in PE's court, and in theory it could remain 'stayed' for up to 6 years. They are dealing with so many cases (anywhere between 500-1000 per week, according to some sources) that their admin is creaking at the seams. Let sleeping dogs lie.

Coupon-mad

Yes there are a couple of cases stayed on pepipoo forum, here's one with discussion about what to do now, and a link to another case within it:

http://forums.pepipoo.com/index.php?showtopic=82676&st=0

So your aim now must be to get this quashed before November is out!!

I was trying hard to drum it into those posters that NOW is a very good time to complain to the retail management/landowner/hotel or wherever the driver was a customer, and to write a snappy rebuttal to ParkingEYE showing that you have researched the matter and found they have lost some cases - see the court claims (non exhaustive) link in the 'WELCOME' sticky thread - and as such you have more evidence against them if they decide to proceed. You can tell them you were indeed a browsing customer and have complained (if it was a retail park).

You can tell them you know about their shenanigans with witness statements and contracts* and that they are only agents so have no standing to bring this claim anyway and if they disagree you will see them in court (and by the way you won't be paying their 'costs' up to this point because you have also wasted time and money over this farce and you have 'costs' of £50 yourself, so not to bother to send a without prejudice generic reply begging for costs).

Or take bargepole's advice above as he is experienced in these matters, and let the sleeping dog that is PE lie,and concentrate purely on the landowner/retailer complaint in a big way!


* Google 'Parking Prankster do you have a Parking Eye court case soon?' as he has a wealth of info in his blogs and which he can email to you.