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HELP - Parking eye -Claim form recieved from County Court

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13

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  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 3 April 2014 at 12:12AM
    I will pm you - maybe as well as filling in the form, you are best making an offer (if a person offers £20 or so, PE might settle for £50). If you are getting stressed out with forms which the links on the NEWBIES sticky already told you about - and really you should have been expecting - then you are best trying to avoid a hearing. It's not about counting the days to see if they've missed a deadline (anything goes in small claims, pretty much).

    But that doesn't mean paying IN FULL to get rid of this!

    Re the N180 you need to return it filled in from your point of view as defendant, stating your nearest County Court and you can put a covering letter again requesting POPLA as the most suitable Alternative Dispute Resolution (ADR for short). As you appealed anyway and never got a response then you should be allowed to resolve this by post via POPLA.

    If you have valid medical reasons to support this being resolved by POPLA by post, rather than attending court, do pm me brief details if you don't mind, and I will write you something to include with the N180. Also I can show you an offer letter to ALSO send to PE at the same time.

    Have a look first at the links I posted here which shows a case where I advised a poster to add a letter with the N180 to ask for the case to be stayed for POPLA (assume that the local Judge won't have read anything yet, and maybe send a copy of your letter direct to the local court AFTER the case has been allocated there):

    https://forums.moneysavingexpert.com/discussion/4779596

    I just helped someone in the same boat who had a medical condition that meant he would struggle in court - so I have a version for both letters. There is NO advantage just paying it in full now. You could do that later, on the day of the hearing even, on the court steps, so why throw that money at them now while you still have plenty of options?

    Send a pm to this person and help each other to cope with the forms and to explore your options like making an offer, complaining to the landowner, etc. You are both in the same panicky position right now so help each other see what should be done. It's a form to fill out, sorry to sound harsh but big deal - and you have come so far to have faced up & defended this in the first place, don't fall at the second hurdle of sending off a silly little form to allocate the case to your preferred local court:

    https://forums.moneysavingexpert.com/discussion/4937336

    People can manage to get past the N180 form stage. So can you, and in addition, if you want, you can make an offer and I can give you a letter to use written by a retired Solicitor for this purpose. As for the N180, it's merely a form to allocate the case & direct it to the small claims track via your local court, which of course was the next stage. This is already spelled out by bargepole in a link I give in the NEWBIES thread post #5 all about 'small claims' so I would suggest you and the other poster need to simply revisit that sticky thread and stop flitting about reading other stuff and getting stressed.
    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
    Coupon-mad wrote: »
    I will pm you - maybe as well as filling in the form, you are best making an offer (if a person offers £20 or so, PE might settle for £50). If you are getting stressed out with forms which the links on the NEWBIES sticky already told you about - and really you should have been expecting - then you are best trying to avoid a hearing. It's not about counting the days to see if they've missed a deadline (anything goes in small claims, pretty much).

    But that doesn't mean paying IN FULL to get rid of this!

    Re the N180 you need to return it filled in from your point of view as defendant, stating your nearest County Court and you can put a covering letter again requesting POPLA as the most suitable Alternative Dispute Resolution (ADR for short). As you appealed anyway and never got a response then you should be allowed to resolve this by post via POPLA.

    If you have valid medical reasons to support this being resolved by POPLA by post, rather than attending court, do pm me brief details if you don't mind, and I will write you something to include with the N180. Also I can show you an offer letter to ALSO send to PE at the same time.

    Have a look first at the links I posted here which shows a case where I advised a poster to add a letter with the N180 to ask for the case to be stayed for POPLA (assume that the local Judge won't have read anything yet, and maybe send a copy of your letter direct to the local court AFTER the case has been allocated there):

    https://forums.moneysavingexpert.com/discussion/4779596

    I just helped someone in the same boat who had a medical condition that meant he would struggle in court - so I have a version for both letters. There is NO advantage just paying it in full now. You could do that later, on the day of the hearing even, on the court steps, so why throw that money at them now while you still have plenty of options?

    Send a pm to this person and help each other to cope with the forms and to explore your options like making an offer, complaining to the landowner, etc. You are both in the same panicky position right now so help each other see what should be done. It's a form to fill out, sorry to sound harsh but big deal - and you have come so far to have faced up & defended this in the first place, don't fall at the second hurdle of sending off a silly little form to allocate the case to your preferred local court:

    https://forums.moneysavingexpert.com/discussion/4937336

    People can manage to get past the N180 form stage. So can you, and in addition, if you want, you can make an offer and I can give you a letter to use written by a retired Solicitor for this purpose. As for the N180, it's merely a form to allocate the case & direct it to the small claims track via your local court, which of course was the next stage. This is already spelled out by bargepole in a link I give in the NEWBIES thread post #5 all about 'small claims' so I would suggest you and the other poster need to simply revisit that sticky thread and stop flitting about reading other stuff and getting stressed.
    Coupon-mad wrote:
    Remind me which is your local court...I have several I have helped and can't recall which court each one is due to be at... :)

    Hi the court that this has now been refered to is Preston court I didnt sent the cover letter with the N180 as my mother posted it for me and failed to put it in the envelope before taking it to the postoffice for a certificate of delivery. I have sent off the N180 and as expected from your links (think i am finally getting the hang of this!) they have refused mediation with myself.
    I have called the CCBC and spoken to them and they have confirmed it has now been refered to Preston, I called Preston and the documentation has not yet been sorted their end as was only transferred yesterday.

    In the mean time I was advised by CCBC team of a number I can call PE directly on to speak to an actual human! They advised me to call them and see what they can advise me about their conductand how to appeal further.
    I called PE and simply asked for an email for their appeals/complaints and they have provided me an email. I have emailed them and will send you a seperate PM with the contents of that email and the contact numbers etc I have been advised.

    Again Thank you so much for your help and being patient with me, I understand it must get really repetative when you keep getting asked the same things all the time and appreciate you taking your own personal time to help someone you have never known and never met.

    Kindest Regards
    SNAP :)
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    I think most people on here would rather get asked the same question over and over than have the PPC's take a penny they didn't deserve - so any money.
  • SNAP
    SNAP Posts: 15 Forumite
    Humm I have tried to private message you Coupon-mad and its saying your PM have been disabled?
  • ColliesCarer
    ColliesCarer Posts: 1,593 Forumite
    SNAP wrote: »
    Humm I have tried to private message you Coupon-mad and its saying your PM have been disabled?

    Snap

    C-M is on a short break - is it something anyone else can help you with?
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I will pm you then will disable my pm's again as I am on another little break now until the Easter weekend. Other posters can help you just as well as I can, we have a whole team here!
    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
    Ok so N180 has been sent off Mediation was refused, I expected this.

    I have now written to my local court (with a little help) and serving a copy to PE) and am currently awaiting corrispondence from the court.

    The CCBC seems to have gotten confused with their own processes as when I last spoke to them they advised the claim had been stayed lifted and stayed about 5 times in the last 2 weeks in order to issue me with paperwork? Surely if they have to temp lift the stay to issue me documents then this means they shouldnt be issuing me anything until this stay has been officially lifted if its having to be constantly lifted and then re-instated. I know it may sound niave but this just doesnt seem to tally.

    I also have made a discovery in regards to a breach they may have made when it comes to maintainance of their machines on parking sites also, If you have a problem due to the machine malfunctioning then please PM me and I will enlighten you on another point you can use in your defence. :)
  • Coupon-mad
    Coupon-mad Posts: 152,019 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I thought you would like to know that another success with dragging a case to POPLA thanks to a Judge Ordering it, was confirmed to me today by pm by a poster here from a few weeks ago who had not updated their thread recently. A court date had been set ahead of time in Feb, for a date in May, and yet when the poster wrote to ask, the Judge ordered POPLA and PE have cancelled the PCN without bothering with POPLA. I have asked the poster to email PE to check they have definitely discontinued the claim, just to be sure (but in any case the Judge ordered POPLA and PE have failed to facilitate that):


    'Hi C-M
    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, dated xxth Feb, ordering that :
    the claim shall be stayed (& the hearing for xxth May be vacated) until 4pm xxth may to enable the dispute be referred to POPLA.
    In default of any request by 4pm xxth June to return the claim to the list, request a further stay, the claim shall be deemed struck out.
    The dates seemed confusing to me but 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!!!
    So many thanks to you for your help and advice, it is much appreciated.'
    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
    Thank you Coupon-Mad this gives me some hope :j

    I have refered a letter to the Court as you advised and served a copy of this to PE also, this was done towards the end of last week as certificated posting (better to be safe than sorry!) and am still to recieve any corrispondence from either party.

    I will update you further when/if I hear anything from PE or the court. :)

    I know I have said this already but I think what your doing for people is so selfless and generous and there cannot be enough thanks for that, so Thank you so much for all your help, encouragement and patience so far and for everyone you help on a daily basis :)
    :p
    SNAP

    P.s Also I hope you had a nice break :)
  • SNAP
    SNAP Posts: 15 Forumite
    edited 1 June 2014 at 2:12PM
    Just a quick update for anyone that may be following this thread I have had a letter through from the allocated preston judge who has advised that case has been stayed.

    Letter reads as follows;
    "This claim shall be stayed pending the decision of HHJ Maloney QC, the Designated Civil Judge in Cambridge." this was on the 6th May.

    (sorry for the delay, in a change over of jobs at present and been V.busy)

    it did go on to say that as this was decided without a hearing then either party had the chance to make an application to have this set aside, varied or stayed but as yet have heard nothing more.

    Fingers crossed this falls in my favour and I can put this down to experience :)

    Good will and all to those still battling and a Massive thanks to those that have aided me with a special mention to Coupon-Mad! :)

    xxxxxxxxxxxxxxx:)
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