Parking Eye taking me to court 12 December 2013 at 10:04AM edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking 24 replies 4.5K views

Coupon-mad

kickstart2 wrote: »

Thanks. It wasn't a case of ostrich strategy, most info I've read about these cases have said "ignore them, they are bluffing, they won't take it to court". On this page: ticketfighter.co.uk/private.htm it says that the writer has NEVER heard of a case like this coming to court....
Based on the replies on this thread (thankyou) I'm tempted just to pay up now & get the stress over with as it looks pretty dodgy

That's a shame and hardly a fightback stance on a moneysaving forum! We - and pepipoo forum (see below) - can help with defence advice that is stronger than you would have tried.

Look at all the cases won recently (follow each link, read about the ladies who won last week):

List of PPC Court Cases (non-exhaustive)

The procedure, you MUST acknowledge the claim then submit a defence:

Advice: Small Claims & PPCs

You could write to show you were a customer like here, and PE often offer' to settle for £50 (BUT YOU WOULD HAVE TO SUBMIT A COURT DEFENCE AS WELL!):

http://forums.pepipoo.com/index.php?showtopic=86103

http://forums.pepipoo.com/index.php?showtopic=80466

which you can then negotiate, pay or decline of course:

http://forums.pepipoo.com/index.php?showtopic=85352&st=20&start=20

Or defend it:

http://forums.pepipoo.com/index.php?showtopic=81150&st=0

http://forums.pepipoo.com/index.php?showtopic=85697

http://forums.pepipoo.com/index.php?showtopic=84382

http://forums.pepipoo.com/index.php?showtopic=85290&st=0




If you want to defend it you'll need the info offered by Parking Prankster:

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

And here's a link full of other defence advice to follow the links given:

http://forums.pepipoo.com/index.php?showtopic=82744&st=0&gopid=862298

And it is never too late to complain to the retail Management:

http://forums.moneysavingexpert.com/showthread.php?t=4766249

Loads of cancelled PE court claims shown there in links.




HTH

Guys_Dad

You can pay, but you would not have much money at risk if you chose to defend it and lose. Courts don't always award costs, so the solicitor's fee could be struck off - it would definitely be if they were an in house solicitor.

From where you are now, I would defend it.

kickstart2

Hi C-M I sent you a PM but your mailbox is full?

kirkbyinfurnesslad_2

Whats issue kick start I can help

Coupon-mad

kickstart2 wrote: »

Hi C-M I sent you a PM but your mailbox is full?

Not full now - so do pm if you still need to.

Also, in an attempt to drag this to POPLA instead, we suggest sending the Court the following immediately:

"
The defendant requests the Court to stay this claim for 90 days, and make an order requiring the parties to resolve the dispute by referring the matter to POPLA (Parking on Private Land Appeals service), an independent tribunal set up for the specific purpose of adjudicating private parking matters. This would be in accordance with the directions given by Deputy District Judge Bridger at Southampton County Court on 21/01/2014 in case number 3JD05448 ParkingEye v Gilmartin. Also in accordance with a similar stayed claim on 13 Sep 2013, District Judge Mayor, 3JD00719 ParkingEye v Mr. O., Croydon County Court. Both were very similar cases to this claim, i.e. where the Claimant had alleged breach of contract regarding a private parking charge and where POPLA - as the bespoke private parking ADR - had not been undertaken first.
''

Obviously that is in addition to the skeleton argument and evidence/transcripts of other cases that you will need asap.

But IMHO you need to read the Parking Prankster's Guide in depth first, linked in the 'NEWBIES' sticky thread paragraphs about small claims.

Coupon-mad

Have you got a court date yet? I know you told me which court but at the time you had no date. Have you had your Directions Questionnaire and submitted that now?

The_Deep

Do not be afraid of going to court, it can be a pleasant day out. Everyone is incredibly polite to each other, although it is adversarily, you all sit round a table and discuss the matter.

If the PPC is represented by a barrister he will probably not have seen the papers until about an hour before the hearing and those put up by Parking Eye, (or Private Eye as one brief referred to his client), can be incredibly badly briefed by their client.

As CM says members of MSE face barristers and win, because PPC cases are built on sand, no contracts, no losses, conflicting signage, and poorly briefed solicitors. They have a mountain to climb and are often not allowed to leave base camp. SoBod go for it and give 'em hell.

spacey2012

They will send a hired solicitor from the agency that employs solicitors who could not quite "make the grade".
Some are totally hilarious !

You can submit a revised defence and I suggest you get hold of parking pranksters guide to parking eye claims and submit a revised defence as per his guide.

Once you have done this just turn up, do not accept ANY paper work from anyone inside the court, let them put it down and leave it there, let it fall to the floor and stay there , but do not accept it.
They will LIE in court that it was sent by post.

Coupon-mad

UPDATE - THE CASE IS AS GOOD AS WON!!


It's never too late to ask for POPLA even if you have a Court date - and to get POPLA instead is as good as a Court win! Nowt to lose by writing to a Judge once it's allocated to a local court, especially when you have good old Judge Buckley on side!

This OP has sent me a pm:

''First of all, apologies for not getting in contact for some time, I've been waiting for some solid info to report.

Following your advice, I wrote to the court and asked them to stay for 90 days and refer the case to POPLA. I got a reply from the court in February, ordering that the claim shall be stayed to enable the dispute be referred to POPLA. I rang the court and they said I needed to do nothing.
Ten weeks on and nothing from anyone, so I looked on Parking Eye website this morning, to find that the charge has been cancelled!

Claim number 3JD10502
Date 11th February 2014
Blackburn County Court
ParkingEye v Mrs P

Before Deputy District Judge Buckley sitting at Accrington County Court, Bradshawgate House, 1 Oak Street Accrington Lancashire BB5 1EQ

text reads:

''Upon reading the papers
IT IS ORDERED THAT

1. the claim shall be stayed (& the hearing for xxth May be vacated) to enable the dispute be referred to the parking On Private Land Appeals service POPLA
2. In default of any request by 4pm on xxth June to return the claim to the list, request a further stay, the claim shall be deemed struck out.''

Coupon-mad

The sort of letter I now recommend sending to the Judge is like this one (another case where the claim got stayed and an order was made for POPLA instead):

http://forums.pepipoo.com/index.php?showtopic=89764

PE's reply to defence normally spits 'we don't think POPLA is a suitable method now' but doesn't explain or justify why not - except that they have 'incurred costs'.