Parking Eye court claim advice

45mip19lot

I have just phoned the clerk at Portsmouth CC and asked if there was a response from the Judge regarding my initial request for a stay and referral to POPLA.
The clerk could not answer this question and suggested that I re-send the letter, so I have copied the letter suggested by CM, re: Newbies #5, request for stay (Beavis) and a referral to POPLA.
I will hand deliver the envelope tomorrow.

bod1467

Can you get an acknowledgement of receipt it you hand-deliver? If not then I would suggest also sending by post with a free certificate of posting, so you have proof of sending.

Coupon-mad

bm1957 wrote: »

It worked for me - case stayed for 1 year, to be dismissed at that point unless applied for re-opening before then by either party.

Was yours one of the cases we already know about, listed here?

https://forums.moneysavingexpert.com/discussion/comment/65921594#Comment_65921594

If not can we have the details to add to the list of cases stayed please? You can end me a pm rather than reply here on this thread.

Also, 45mip19lot, I can tell you that IMHO it is worth you writing again because 'bartos1976' in that link had to ask a couple of times too! Assume your Judge has not seen your request.

45mip19lot

Update.

I hand delivered another letter on the 8th July #22

By the 18th July I had still heard nothing, so I phoned up the court. After much searching around, they found that my letter had been put into my folder under the heading my statement ????.
I asked why, as the letter was clearly addressed to the judge and looks nothing like a statement.

The letter was forwarded to the judge on the 18th. It is now the 24th and I have just received a letter from the court.

It says:
Your letter of the 8th July 2014 has been referred to the judge who has made the following comments:

'Treat letter from the Defendant dated the 8th July 2014 as notice of application, Defendant to pay application fee by the 29th July 2014 - refer back on receipt'

The court fee for this application is £155, could I please ask that you either send a cheque (cheques should be made payable to HMCTS) with a covering letter or call on xxxxxx... to make payment by debit/credit card.

Looks like I will be attending court on the 11th September.

Am I correct in assuming that the judge has totally mis-read the letter, or is he/she not interested?

Redx

seems that its misunderstood to me, as that fee is a set aside fee from reading this

https://forums.moneysavingexpert.com/discussion/5023305

bargepole

45mip19lot wrote: »

...Am I correct in assuming that the judge has totally mis-read the letter, or is he/she not interested?

The Judge has treated your letter as an application, for which form N244 and a fee of £155 is payable. This form is used for all applications, not just set asides.


It seems to be a popular misconception that by writing to courts and asking for the case to be referred to POPLA, or stayed pending another case, that Judges will look at the letter and grant it. They won't.


In virtually all, or all, cases where an order has been made for either of those things, it has only happened when a Judge has made that order at the substantive hearing.


You need to focus on getting your points of defence in order for your hearing on the 11th.

45mip19lot

Thanks Bargepole for your quick reply.

I am just about ready with my statement that has to be with the court on or before the 31st July.

I have had no copies of any documentation from PE, so should I refrain from sending them anything of mine, or just do it anyway? and then reject anything new they try to produce that I did not receive prior to 2 weeks before the hearing?

bargepole

45mip19lot wrote: »

Thanks Bargepole for your quick reply.

I am just about ready with my statement that has to be with the court on or before the 31st July.

I have had no copies of any documentation from PE, so should I refrain from sending them anything of mine, or just do it anyway? and then reject anything new they try to produce that I did not receive prior to 2 weeks before the hearing?

If the court has ordered you to send it by 31st July, you must do so. Send it first class recorded on the 30th, with a copy to PE.


They will probably get round to sending you more stuff, but don't forget that you can still send a Skeleton Argument, outlining the main points of your defence, with case authorities, any time up to 14 days before trial.


Anything received from PE after that should, in theory, not be admissible at the hearing, but some Judges can be a bit lax on that.

Coupon-mad

45mip19lot wrote: »

Thanks Bargepole for your quick reply.

I am just about ready with my statement that has to be with the court on or before the 31st July.

I have had no copies of any documentation from PE, so should I refrain from sending them anything of mine, or just do it anyway? and then reject anything new they try to produce that I did not receive prior to 2 weeks before the hearing?

Do keep us informed what happens. It's a shame the Judge didn't play ball, I have known of a fair few orders made for POPLA instead (without any hearing) but as bargepole says it isn't a shoo-in at all and you didn't strike lucky with this court.

So make it your business to live and breathe your court defence now, prepare and learn and all aspects of your paperwork you will be taking along with you to Portsmouth curt on 11th Sept.

Read a lot of the Parking Prankster's blogs about PE, there have been LOADS over the months and you may find useful snippets such as querying the LPC rep's right of audience as soon as the hearing starts. Worth a try, and you should find lots more to go on as well (not just reading the Prankster's Guide; read the blogs too).

Have PE sent you their pile of drivel now? Is the contract included, is it in date and signed by the actual landowner? Are some clauses redacted? Again, the Parking Prankster's blogs tell you about those missing clauses, some of which help with your defence argument.

liseylou

Mike - I have just received comfirmation from Newquay Golf Club that they ARE the landowners of the car park on Tower Road:

[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif]Dear Madam[/FONT][/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif]We do own the land where the car park is situated but I must stress again that we do not have any involvement with the running of the car park and you will need to respond to Parkingeye.[/FONT][/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif]Kind Regards[/FONT][/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=MS PGothic,sans-serif]Peter Batty[/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif]Secretary/Manager[/FONT][/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif]Newquay Golf Club[/FONT][/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif] [/FONT][/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif]Tel: 01637 874354[/FONT][/FONT]
[FONT=MS PGothic,sans-serif][FONT=Calibri,sans-serif]www.newquaygolfclub.co.uk[/FONT][/FONT]