lost in paperwork and just need it to go away

zetmay

Thanks C-M updated my letter just waiting for a court.
Rwood80 I will PM you the details

RWood80

Zetmay,
I've PMd you. Been to said car park today and taken pictures of the signs! The terms and conditions are unreadable they are in such small writing- I can't imagine a judge agreeing that anyone entering the car park would have chance to read all t&cs before agreeing to enter a contract by continuing to park there!!

zetmay

Thank you I PM'd you me email address. Like I said previously I would have told you when asked there was a big 6 foot sign at the entrance in blue and yellow I was shocked when I went back to see they are those poxy black and white postage stamp sized signs 8 ft in the air.

zetmay

I have received notice of transfer of proceedings

Coupon-mad

Right so now will be the time to dust off the letter to your local Judge then, to get the case stayed (hopefully).

zetmay

thanks C-M do I need to wait for a letter with a Judges name attached or just send it to the court?

bod1467

Just send it to the court, including the claim reference number. (Is how I understand it).

Coupon-mad

As soon as you know the case has reached your local Court, you can send the letter.

No need for the Judge's name, just put 'For the Urgent Attention of the Judge in case number 3xxxxxx'. The idea is to get them to consider an Order to stay the case for POPLA and/or the HHJ Moloney Cambridge test case decision, and if you strike now, before the case has been listed for a hearing date (which is what the admin staff will do next automatically) you are genuinely offering something to save the Court time. Which is why it seems to work now, and mentioning the test case helps even a dozy Judge to see something's afoot with this claimant.

zetmay

hi sorry Ive not been on in a while very busy finishing my college coursework. I sent the letter asking for the case to be stayed and/or refered back to popla back in may, today I have recieved a letter from the court with my letter inclosed stating that "it has been returned as this type of request carries a fee of £50.00" have I done something wrong?

Coupon-mad

Nope, not many courts grant an Order for POPLA but it was worth a try and still is worth another polite prod.

You could try sending back a reply marked for the attention of the Court Manager, apologising if you haven't followed the right procedure but that you didn't think a fee was payable for undertaking to accept ADR and you do not need an application to strike the claim out. Explain that POPLA is just the ADR for this industry and you thought that all parties were supposed to engage in ADR if at all possible to spare the Court's time. And to reiterate that courts have granted such directions before, as in {the cases mentioned before in your last letter, cite them AGAIN!}. Finish by saying you are aware that not all County Courts will have dealt with a ParkingEye claim before but they do send a shedload of paperwork by all accounts and you were simply trying to suggest a viable alternative dispute resolution that you know other Courts have agreed to recently in ParkingEye cases, POPLA being perfect as the Claimant's Trade Body, the BPA, encourage it to be used, it's independent and it has 100% prospects of success as an ADR because an adjudication is made in every case. And you hereby agree to accept the POPLA decision if the court sees fit to Order the case to be resolved that way.