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HELP - Parking eye -Claim form recieved from County Court

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  • SNAP
    SNAP Posts: 15 Forumite
    edited 10 February 2014 at 7:48PM
    EDIT - To stop snooping Snoopers from PE
    Thank you to everyone for their help especially Coupon_Mad :)
  • I am not sure why you need to be bound by arbitration, why not just agree to be bound by the standard terms of arbitration, which is that you can ignore it if you don't like the answer. There may be a procedural error or, they may act unfairly knowing you have made the commitment. You simply are saying it represents an opportunity to solve the problem that the vexatious litigant has not taken. You should retain your right to defend a legal action in court. Surely the point is that as the contracts are fraudulent, you can't lose in court with a properly presented case.
  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I think the OP is trying to offer the court this as an encouragement to it deciding this is best dealt with via ADR (for which POPLA is the 'industry's' accepted process) rather than facing PE in court. Whether the 'offer' is necessary is debatable, but it has been used before.

    Prospects of winning at court can be as poor as 50:50, whereas winning at POPLA (using forum wording) is all but guaranteed against PE.

    Both do the same job, but one with a much better track record.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The points 1 and 2 wording came from me - there are reasons behind it. But I am about the pm the OP again to improve it and to firm up the defence points.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • SNAP
    SNAP Posts: 15 Forumite
    Hi,
    For anyone that is interested I got my acknowledgment from the courts today to advise the following;

    I acknowledge the reciept of your defence, A copy is being served on the claimant or their solicitor.
    The claimaint may contact you direct in an attempt to resolve any dispute. If the dispute cannot be resolved informally, the claimaint will inform the court the he wishes to proceed. The court wil then inform you of what will happen.
    Where he wishes to proceed, the claimaint must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimaint can then take will apply to a judge for an order lifting the stay

    Its not signed off from anyone.

    I am a little confused as to what the end section means or what to expect. Can anyone shed any light on this for me? I really dont know much when it comes to all this technical talk.

    Thank You fine people! x
  • Did you buy the guide by Prankster or not? Because the court process stages are explained within that guide.

    Basically PE have 28 days from "service" of your defence to respond whether they wish to continue or not - if the action is stayed it means proceedings are halted for the present time. (not necessarily discontinued though).

    As this is the same site as Lazos - PE are really on a sticky wicket here regarding the planning issue/authority. Their basic contract terms - which they go to great lengths to avoid showing also demonstrate that they have no proprietary interest and are agents unable to bring about action in their own name.
  • SNAP
    SNAP Posts: 15 Forumite
    Ok so I got my letter as confirmed about the copy of my defence being served on PE - This was recieved to me on the 14th February.
    I have now received a FIFTY TWO page retort to my defence and I am struggling to understand much of anything.
    I think I may break down with this now, I really cannot type all that is stated in this letter on here and I just want this to go away now if I cant get this resolved soon I think I may have a nervous breakdown.

    I do hold issue with this though as the letter I receievd on the 14th Feb advises that PE have 28 days from them being served my defense to respond, there counter defence is dated 24th March, Surely this is out of th 28 days? this is a gap of 38 days.

    What do I do?

    Thank you so much to anyone that can help.
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Same as everyone else who gets that reply to defence. Surprised you weren't ready for it, I would have read other PE threads about court claims if I were defending it. This is received by everyone. I sent you a pm anyway but it's for you to read up on this issues so you aren't surprised by basic next stage stuff. There should be no 'arrrrrggg!' moments, you should be prepared for the process.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • SNAP
    SNAP Posts: 15 Forumite
    I have tried believe me. My life recently has been absorbed by this, reading everything I can about everything but I still cannot get my head round anything it seems.
    This is making me feel like I am 5 again as I am now feeling absolutely stupid reading all this and still having little understanding as to what I can do or what I should do :(

    I have now recieved an N180 form from CCBC and I am unsure what I am to do with it or what it now means?

    Does this now mean that it is going to court? Does this also mean that if I wanted to make this go away that I am not in a position where I could pay this if I wanted it all to go away.

    Do I fill in all the form. I am lost in a sea of swirling form numbers and words and it wont stop spinning :(
  • SNAP
    SNAP Posts: 15 Forumite
    Hi, I have spent much of the evening trying to get this sorted and I am still in a muddle I want to try and get this pushed back to be able to actually try and log an appeal with POPLA as I never recieved a code in the first place, I am really frustrated and really dont understand what I am suppose to do with this form I am terrified of doing the wrong thing and getting myself in a tangle that ends up with me with a CCJ and my future ruined all because of this stupid parking company.
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