Parking Eye

denachaeus

Hi Umkomaass
Thanks


What did you think of my case, if you can comment. theres more to tell about the case but I cant put it on here though for risk of it being seen by the claimant.

yours

spacey2012

Google parking Prankster, download his walk through guide to parking eye claims and start reading about how to file the defence with the court .

Before posting your defence send parking Eye a letter offering them the opportunity to have the dispute heard by ADR :
Example:

To Parking Eye :
Parking Charge number XXXXXXXX
Notice of served Alternative dispute resolution offer.
With Reference to the dispute of the above parking charge the plaintiff makes the offer to save the courts time and your costs by making an offer to have this alleged dispute for £XXX adjudicated by Alternative Dispute Resolution.
As I understand it POPLA is the ADR set up for parking disputes and you have the authority to issue a POPLA request code for the dispute to be heard by POPLA.
I make the offer the decision is binding upon both parties, this will save time and costs and also the need for legal representation costs to yourselves.
As I understand only your own self written rules rule out ADR, the court favours use of ADR, therefore on this date XX/XX/XXXX I submit this served notice of offer to resolute this dispute without the courts intervention so we may save the court time and costs.
This notice is not sent without prejudice and is not save as costs and will be entered with defence documents should the offer to use ADR is rejected or ignored.

Send them this, if it is a registered company not sole trader it must go signed by the company secretary.
YOU MUST obtain a certificate of postage which are free and save this certificate from the post office, do not use recorded services as they will ignore them.

They will Ignore this letter, but then make reference to it in your defence and add a copy to your defence files.
Where this has been used Judges have ordered they take up the ADR offer and issue a POPLA code.

If it does not work, then you have the full defence, many judges are well peeved at parking eye at the moment and may move straight on and throw them out, those that won't are worth a shot at asking why they refused to take up the offer to resolute.

denachaeus

Dear Spacey

Thats some good advice and I will send them a letter to the effect you have stated
yours

Coupon-mad

Same advice as here and on every other PE small claim thread on here:

https://forums.moneysavingexpert.com/discussion/4937336

You need to do a LOT more reading so you learn from the outcomes & experiences all the dozens of other posters on here and on pepipoo (see linked thread replies).

denachaeus wrote: »

Dear Spacey

Thats some good advice and I will send them a letter to the effect you have stated
yours

Yes but you must acknowledge the claim first. And then work on your defence, having read all the links & advice you can. See also the NEWBIES thread I posted for you in reply #2 above. A whole section on small claims is there in the NEWBIES thread, for starters.

And what happened when you marched in to speak to the Retail Store Manager about this harassment?! As you would!!

spacey2012

Agree, move ahead with the claim defence and do not stop.

The ADR offer is something I pulled from the opening speech of the goons they send to court.
They alleged that you have left them no option but to use the court as you have failed to make any contact with them or assist them to bring a resolution.

By making them a served ADR notice, that opening parrot speech goes straight out of the window as you can intervene and request to address the point by slapping down your ADR offer that they IGNORED.
Anyone who knows district or circuit judges knows what will usually happen next.
They do not like these type of disputes and where the plaintiff has refused and offer to have it kept out of the court it will quite often end right there and then.
The Judge will often tell them to begger off and use the ADR especially as you made the offer of it binding.
What possible need is there for a court to intervene ?

This then gets you a POPLA code, they have to pay the goon from the agency of unemployable useless solicitors, the court costs, they get nothing back, you get a popla code and that cost them another £29 + VAT on top.

They started it.
Always attack the foundation they open the case upon, in this instance they start with "You totally ignored us"
Shut them down on this line.

bod1467

spacey2012 wrote: »

Always attack the foundation they open the case upon, in this instance they start with "You totally ignored us"
Shut them down on this line.

Is good advice, for ANY court case on ANY defence point.