Parking Eye Court Claim

da_rule

Is their offer made 'without prejudice' or 'without prejudice save as to costs'?

Do they also make reference to Part 36?

None of ParkingEye's legal correspondence seems to actually comply with the CPR's, they just seem to hope it will scare people.

I would also send them the letter that was linked to earlier (as well as the Part 36), where you can offer to enter mediation in an attempt to keep the matter out of court, the court will like that, and that one doesn't have to be WP.

liseylou

da_rule wrote: »

Is their offer made 'without prejudice' or 'without prejudice save as to costs'?

(I have attached a copy of their letter in post #60 within this thread)
They have included 'save as to costs'

da_rule wrote: »

Do they also make reference to Part 36?

No.

da_rule wrote: »

None of ParkingEye's legal correspondence seems to actually comply with the CPR's, they just seem to hope it will scare people.

I would also send them the letter that was linked to earlier (as well as the Part 36), where you can offer to enter mediation in an attempt to keep the matter out of court, the court will like that, and that one doesn't have to be WP

Are you referring to the ADR? I am in the process of searching through the PP's guide to fighting a court-claim in order to compile another POPLA letter, as they rejected my first.

I plan to refer to their rejection letter which states that I missed the initial 28 day deadline - as this option is still available to me.

da_rule

What I meant was that the usual letter before claim also doesn't comply with the CRP (Civil Procedure Rules).

If they're offer doesn't comply with part 36 then it cannot be relied on as such, meaning that there should be no cost consequences for you in rejecting it.

liseylou

da_rule wrote: »

What I meant was that the usual letter before claim also doesn't comply with the CRP (Civil Procedure Rules).

If they're offer doesn't comply with part 36 then it cannot be relied on as such, meaning that there should be no cost consequences for you in rejecting it.

OK - the LBCCC? That was not compliant either. I have included reference to that in my defence but I can write to their Legal Department (Rachel Ledson) seperately or should I include this within the offer letter??

Coupon-mad

Why don't you also write to the court if it is now allocated to your local one, and invite the Judge to strike the case out, or consider the ParkingEye test cases (being heard at Cambridge soon - date NOT to be stated on here) or to make an Order for the case to be resolved at POPLA instead.

The latter (an Order for POPLA) probably won't happen but each Judge is different and in small claims, 'anything goes' pretty much, and the purpose of writing to the Judge puts it in his mind about the burden on the court, the test case to be heard fairly shortly, etc. There was another thread here where I showed an example letter to send to the local Judge after N180 DQ stage:

http://forums.moneysavingexpert.com/showthread.php?p=65223965#post65223965

Doesn't hurt to try this as well as making a low offer (NO POINT making a high offer). Second letter in post #29 there.

liseylou

Thank you CM. I'm still waiting for PE to respond to the defence. I suspect they set a 7 day timescale in the without prejudice offer to see how I responded. This will allow them sufficient time to complete their questionnaire.

I wait in anticipation!!!

Coupon-mad

Just to show you the Courts can be persuaded to refer matters to POPLA here's another one where it has worked:

http://forums.moneysavingexpert.com/showthread.php?t=4944397&page=2

...trouble is the OP has paid £80 the day before. I suspect the Court Order pre-dates the payment though so that thread should be interesting to follow!

So when you have sent your DQuestionnaire and it's allocated to your local court, send me a pm if you want help to write a letter to the Court to ask for POPLA etc. Can't hurt!

liseylou

That'll be great, thanks. I'm already subscribed to this thread so will keep an eye on it's progress.

liseylou

So it looks like I'm off to court - PE are progressing the case and have sent me their million page waffle in relation to my defence.

Looks rather impressive, which is quite daunting now it's a reality so morale support is much needed from you all before I cave in!!!

bargepole

liseylou wrote: »

So it looks like I'm off to court - PE are progressing the case and have sent me their million page waffle in relation to my defence.

Looks rather impressive, which is quite daunting now it's a reality so morale support is much needed from you all before I cave in!!!

The 'million page waffle' would be impressive, if it wasn't for the fact that it's full of lies, half-truths, misleading assertions, irrelevant cases, and cherry-picked passages with no transcript.

Just look upon your day in court as a Red Letter Days experience, you might have to pay £190 for it, or it might be free, or you may even get paid costs.

At the end of it all, you'll be able to post on here with some practical experience of the county court process, which is more than can be said for some.