lost in paperwork and just need it to go away

zetmay

Hi I had a parking charge in aug from Parking eye which I ignored and they sent me court papers I have filed a defence and today received papers from the court notice of proposed allocation to the small claims track. I don't know what to do I need this to go away it is making me so ill with everything else going on in my life but I haven't got £150 to pay them. I'm guessing I need to fill out the mediation papers. But do I need to do anything else contact parking eye direct to try and resolve maybe?

ColliesCarer

Hi Zetmay,
It's my understanding that as the claim is now in progress it is not advisable to contact P E directly.
Have you seen the information and advice regarding small claims in post #5 of this thread

https://forums.moneysavingexpert.com/discussion/4816822

Others knowledgeable in helping people deal with small claims will no doubt respond to you shortly but in the mean time it's worth taking a look at the above info

Coupon-mad

Your thread should have been added here:

https://forums.moneysavingexpert.com/discussion/4896100

...otherwise we can't follow your thread from what the actual ticket was for and where, etc. We can't help as much when people randomly start a bare new thread.

No-one should just pay the £150, what's the point when you could win, or you could pay less if you offer less and settle, or get it cancelled by complaining to the landowner/retailer? Even if someone loses in s small claims hearing (informal) they normally pay £190 so why talk about making it all go away? It's a firm saying you owe them money and you saying 'no I don't' and we've given you the links you need to fight it. AND we can help advise if you want to make an offer of, say £20 (as we know PE have settled for £50 before but they won't if they suss you are weak, so no begging!!).

I think you should send a pm to SNAP and try to gee each other up:

https://forums.moneysavingexpert.com/discussion/4880174

You are both at the same stage and the same state of panic. This is a form to fill in...so fill it in. I can help with a letter to send the local court once it's allocated there after you've sent off your N180 form, the letter can ask for POPLA as the best ADR to resolve the issue. If you ask 'isn't it too late for POPLA?' then the answer is yeah but no...and you need to read the NEWBIES thread post #5 on small claims closely, and the Parking Prankster's blog and guide linked on your thread.

And what defence did you send in please? Can you show us so we can help you make it stronger?

You do know you get to send your final defence & evidence (pics, links, transcripts of other wins) once it's allocated and well before the hearing. Hopefully you've read that much from the prankster's guide or from my links I give in the NEWBIES sticky thread, top of the forum.

Are you in Essex, Norfolk, Suffolk or Cambs by any chance?

Half_way

Is there anyway you can get in touch with the land owner/car park owner?

hoohoo

Which car park is this? Did pe send a contract or a landowner witness statement? This should help find the landowner. Is the car park on the parking pranksters web site? If so there may be specific info to help.

zetmay

Hi thankyou for all your replies few internet problems and busy end of school week so not had chance to look till now.
I'm not sure how much I can put on here can I just copy and paste me defence that I sent in? or do I Pm it to someone. I contacted Next who are the shop I can prove I shopped at and they said to contact parkingeye with my receipt and they would cancel the charge (I haven't contacted parking eye at all).
In the documents that parking eye have sent there is a contract with the land owners who are Friends Life Co LTD c/o Capita Symonds Limited.
The car park is in Dewsbury so coupon mad I'm I little bit north of Essex unfortunately.

I filled the form in and said that I would mediate however today I recieved parking eyes form and they have said they are not prepared to mediate.

SNAP

zetmay wrote: »

Hi thankyou for all your replies few internet problems and busy end of school week so not had chance to look till now.
I'm not sure how much I can put on here can I just copy and paste me defence that I sent in? or do I Pm it to someone. I contacted Next who are the shop I can prove I shopped at and they said to contact parkingeye with my receipt and they would cancel the charge (I haven't contacted parking eye at all).
In the documents that parking eye have sent there is a contract with the land owners who are Friends Life Co LTD c/o Capita Symonds Limited.
The car park is in Dewsbury so coupon mad I'm I little bit north of Essex unfortunately.

I filled the form in and said that I would mediate however today I recieved parking eyes form and they have said they are not prepared to mediate.

I am currently at a similar point with parking eye, i have called the courts and been advised that they have transferred the claim to my local court, and to contact parking eye directly to speak to them. I have passed my N180 to the courts and similarily been advised that PE have refused mediation, however I have been given a number where I have been able to contact PE and actually speak to a person I will PM you this number in case you need it.

Regards SNAP

Umkomaas

SNAP wrote: »

I am currently at a similar point with parking eye, i have called the courts and been advised that they have transferred the claim to my local court, and to contact parking eye directly to speak to them. I have passed my N180 to the courts and similarily been advised that PE have refused mediation, however I have been given a number where I have been able to contact PE and actually speak to a person I will PM you this number in case you need it.

Regards SNAP

It's not forum policy to advise speaking with a PPC as there is no record of anything - which could ultimately prove important.

Suggest you (SNAP) let us know what the outcome of your 'discussions' with PE are, then we can advise the OP on next steps in that context.

Meanwhile, OP, continue with progressing your defence/approach to small claims appearance.

Have you acquired Parking Prankster's guide to dealing with a PE court case?

http://www.parking-prankster.com/guide-version.html

zetmay

Hi yes I have the guide on my kindle and used the website to write me defence its just it says to negotiate with parking eye and I thought I must have missed a step out as I have had no contact with them (from me) I have from the start ignored the original parking charge (stupidly now I know) received the court papers and put in a defence to the court and now replied to the court to say that I am happy to have mediation. I don't feel like I am doing enough to fight my corner and that if I get to court I'm just going to get trampled on as I really am relying on the fact that £100 in a free car park is an unjust amount as I don't think the fact that I had 2 children one of whom was a just out of his pushchair walking so bit on the slow side therefore took longer than I realised to get all my shopping done will swing the verdict in my favour.

Redx

so what about the following points then

the £100 charge is not a genuine pre estimate of loss

the signage is not of the correct BPA standards

and most importantly, they have no locus to bring this claim , no contract , no standing and are NOT the landowner !

surely you could have gleaned those basics from the NEWBIES thread and the other threads on here ? , the popla decisions , the court transcripts on parking pranksters website ?

the fact that a lay person may help you through this depending on your geographical location ?

the fact that a fax machine may win your case when it receives information faxed through by unknown benefactors at your local court !

no car park is deemed "free" , it costs somebody money to make and maintain it

a car park that is free will generally have restrictions placed upon it , like a 1.5 hour stay like aldi, or 2 or 3 or 4 hour stays etc

with a free car park (no pay and display) you will find that no consideration can be made to park for longer , ie:- no facility to pay

the punishment does not fit the "crime" - yet you seem to feel guilty just because you broke some silly rule that didnt give you time to go about your business , which is the landowners problem not yours

surely by now you will have learned all the above by reading pranksters blogs and the court transcripts etc ?

zetmay

REDX Thankyou I do understand all that you have put which is why I don't want to pay the "fine" and when I have a clear mind it all makes sense and if it were my friend that was going though this I would be saying all the same things to them.
I unfortunately have overriding guilt (I blame my catholic Grandma) and for some reason always assume I am wrong and others are right and the dread of going to court puts the fear of life into me and then if I am found wrong sends me into a dizzy spiral.
Having said that I'm switching my fight mode on and if I lose so be it at least I have had a education in the court system.
I am currently on my way to next having spoken with the manager who said that she will speak to PE for me as I am a customer with a receipt so fingers crossed.
I have found the landowners, a financial group who's website has lots of lovely sentiments about trust, community, responsibility, their charitable work the list goes on and on yet they hire PE???