lost in paperwork and just need it to go away

SevenTowers

Glad to hear that you are in fighting mood Zetmay.

Small Claims Court is not the intimidating scenario you might be thinking of. It is generally settled around a table, the judge, with no gowns or wigs, will understand that you are an ordinary person up against a solicitor so should be understanding and helping to guide you.

The worst case outcome is that you will have to pay the original charge plus PE's £50 charge plus £15 court fee, so don't worry about being landed with PE's legal costs.

There is no gurantee, but the great majority of people who go properly prepared with a Parking Prankster type defence do win. If it goes your way you will probably find the court experience a very enjoyable one, particularly claiming your expenses from PE!

Coupon-mad

zetmay wrote: »

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???

I hope you have read lots of other PE court claim threads on here, and some of the zillions of cases on pepipoo?

http://forums.pepipoo.com/index.php?showforum=60

...and when you have read a few dozen you will know from other people's threads, that when Next or the landowner tell them to cancel it, PE will write and still demand you pay them £50 (sob sob) because you dared to ignore them? You have seen that, yes? Ready for it? No? Please read more threads if not. DON'T PAY IT UNLESS YOU LIKE BEING A VICTIM OF SCAMS.

I also hope you know all about the Cambridge test case due to be heard soon (date not to be shared on forums)? Tons of threads about that and very relevant for you.

You will have seen all that on the Parking Prankster's blog I hope.

Please read other threads on pepipoo by looking for any about 'Northampton court papers'. Hundreds on there, loads to learn from, decent defences, cases won, stupid £50 offers turned down 'no deal' and all sorts of generally good outcomes from people keen to fightback.

And as you are on this forum I must assume you've read all the links about small claims that I put in post #5 of the 'NEWBIES please read these FAQs first' top sticky thread? Tells you what happens when, a link to bargepole's info about the paperwork & procedures, & shows you defence wording and cases won recently (loads and loads).

Finally, you will hopefully have been reading all other similar threads and will have seen this case where I wrote two letters for the OP, one for him to offer £20 (I wouldn't, but he 'wanted it to go away' - sound familiar?) and the other to the court asking for POPLA instead?

https://forums.moneysavingexpert.com/discussion/4944397

Guess what happened...you won't be able to. Read his thread. However I do urge you to send a similar letter to the Court (copy to PE) as the one shown. NOT the offer letter!

ampersand

Hello zetmay,

You've done very well to spot that land-owner's name.
Let your fighting spirit have its head: it'll be all the feistier for being so fresh and free at last - raring to go. You'll love the feeling.

Now, you've probably read that pe was bought[at a grossly inflated price]by Crapita, about whom this tiny extract[plenty, inc. this, on Wiki]:
Criticism -
Capita Group has not always been received well by the public and in the media. It has gained the nickname Crapita, particularly from the coverage in the satirical/investigative magazine Private Eye, which routinely documents the company's many failures and setbacks in the public sector.[37][38]

Doesn't it seem all a bit incestuous?
Lots of post in common to 25, Sackville Street, London, among other frequent, multi-use Capita addresses. But that's all digestif for later.

Right now, you stick like glue to Redx and Seven Towers and c-m and the other experts here for their up-to-date step-by-step guidance.

When you win, submit your own PCN[Personal Costs Notification] to the ppc that had the effrontery to take you on.....:-)

Whenever you have a fearful moment[pe always send heaps of junk out to frighten people deliberately] just look here and remind yourself of what you wrote, only yesterday:
'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[what happened? Make sure you get a name, make bullet points, set time-limits] who said that she will speak to PE for me as I am a customer with a receipt so fingers crossed.'

zetmay

Thank you all for your replies I have read the information and it is starting to go in. Next rang and said that as I have been referred to court that they couldn't get it cancelled however is sending an email with my statement showing I am a customer and there on the day. I have hunted down the landowner and trust me hunted is the word he is a very hard man to find! and am just waiting for him to get back from his dinner before I speak to him and I am planning on asking for his email so I can follow up the conversation in writing.
Thank you Ampersand for the pink reminders! I shall look at them every time I lose my fighting spirit to remind me that I do have one!

C-M I am trying not to think about making it go away so no £20 offer letters coming from me! and thankyou for the letter advice I will get on to it next.

zetmay

Can I just check I haven't been given a court or a court date yet do I need to wait for these before sending the letter asking for the case to be stayed?

zetmay

Thanks c-m I have read up on landowner cancel and still getting a charge from PE Looks like I found my fight head at the right time. I also checked my bank statement in case I had spent in other stores using my card but as I thought it was cash. The store manager from next has emailed PE and myself stating that I was a customer shopping in the store. I was unable to get hold of the landowner today but am hoping to contact him tomorrow and send him a copy of the email from next for him to add to and forward on (fingers crossed)
I thought I was on a sticky wicket with the signage as if you had asked me I would have told you there is a big 6 foot sign on the entrance in bright blue and yellow however having been back to the car park it seems they are these little signs in black and white about 7 feet in the air with tiny writing on that I have very little chance of reading at 5ft tall. so now I'm reading up on signage!
I'm unsure if I should be asking PE for a Popla code? seems a bit of mixed responses to contacting PE once waiting for a court date or wether I should wait for a court to be assigned and then send the letter to them. if someone could just confirm I'm on the right track or point me in the direction of more reading I would appreciate it.

zetmay

Just one more question before I go to bed. I am currently finishing a college course and have a lot of coursework to do along with a job, 2 children and a husband to look after and 15 hours voluntary work (necessary for my course) what are the chances that my court date will be before the end of June? and can I asked for it to be postponed until after my course is finished to give me chance to write a defence as its not looking like a short process?

Coupon-mad

zetmay wrote: »

Can I just check I haven't been given a court or a court date yet do I need to wait for these before sending the letter asking for the case to be stayed?

I suggest waiting until shortly after you have returned your N180 Directions Questionnaire that you will receive from the court, if PE decide to go ahead. They have been a bit busy of late, the well documented Cambridge test case having been heard today and the decision will follow!

http://parking-prankster.blogspot.co.uk/2014/01/judges-wising-up-to-parkingeye.html

https://forums.moneysavingexpert.com/discussion/4953362

Another poster got POPLA instead of Court today (YAY, she should win now!!), ordered by her Judge after she sent a letter I suggested (I post as SRM on pepipoo):

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

I suspect it's a matter of a bit of luck and good timing - and getting a Judge who is open to the idea of POPLA which he may never have heard of before - but you lose nothing by seizing your moment and asking once the case reaches a local level. I shouldn't think it would reach the hearing stage before July(ish) or later but you could add a sentence to the letter if the timing is looking a bit fast, and mention your lack of availability until July due to your course (hence why POPLA would be a better plan!!).

zetmay

Thanks I have found your template letter for asking for the case to be stayed waiting for the Cambridge case and asking for a POPLA code. I checked my local courts and the 2 that I put down had only heard 3 cases between them not sure if this is good or bad though!
So once I've rang MR H today just waiting on a court date and keeping upto date on other victory's.
I am really enjoying this now not sure who that ^^^^ pathetic wimp was at the top of the post :-)

Coupon-mad

Nice, glad you have seen the light and have found your inner 'fight' reaction rather than flight!