Parking Eye CCJ Action

Coupon-mad

PEfighter wrote: »

If you can't put in the time...make a low offer and bung in a tweaked template defence (all info on that is available from the NEWBIES links without too much effort.

Just amended your last bit as I would never suggest a person pays up in full this early in the process, seeing as there is room to negotiate and to shove in a template defence to avoid a default loss. They could always end up paying up on the morning of the hearing if they are that desperate - but that's in the future, not for now!

Anyone who folds right now, just before the PE Cambridge 'test case' decision (which they can easily read about in the forum) would be slightly mad.

Jongd1i

Ryan_Bryan wrote: »

I don't wish to be overly cynical, nor do I wish to bump this thread, but this is one of several threads I've seen that mention PE and ccj in the title only for the OP to never re-appear.

Sorry been away for the weekend....

The reason I raised it as was a little worried by the court papers I had through the post and had read a few posts.

My issues is the amount I am being charged for £170 considering I didn't even receive a letter for the original fine is a joke!!! Which is why I am asking the best way to go about it. I was slightly at fault as no I didn't purchase a ticket but at the same time I never once actually left my car and just decided on going somewhere else and not sure that should mean being punished to the accord of £170!!!

I will be putting the papers in for the extension to 28 days. After that though I don't really get my best course of action technically I am at fault but why should I be paying extra due to something I never received. If it was a normal parking charge of £25 I would be just paying it.

da_rule

Once you've acknowledged the claim it is time to start building your defence. The book you've been directed to contains details on how to defend a claim by ParkingEye and has been successfully used. Most of ParkingEyes claims follow a similar (if not exactly the same) template. Not recieving the papers may be another line of defence you can add, but the majority of your defence will consist of the matters contained in the book.

Coupon-mad

I will be putting the papers in for the extension to 28 days.

You don't get an extension to 28 days. You already have 28 days from the date of the service of those court papers, to submit your defence, anyway. It's just you have to acknowledge the papers first, within the first 14 days. Do read all the links mentioned, please, that's what will explain what to do and when and how to win/get it cancelled/negotiate/get it swerved to POPLA instead. That's what post #5 of the NEWBIES thread is all about. Also a search of the keyword 'Northampton' here would find LOADS of results.

Jongd1i

da_rule wrote: »

Once you've acknowledged the claim it is time to start building your defence. The book you've been directed to contains details on how to defend a claim by ParkingEye and has been successfully used. Most of ParkingEyes claims follow a similar (if not exactly the same) template. Not recieving the papers may be another line of defence you can add, but the majority of your defence will consist of the matters contained in the book.

I do wish to add that to my defence as from what I have read it seems this is there usual tactic of not sending the original papers anyway.

Also again I am not sure whether this should be included or not but the Court papers were actually sent to the incorrect address as well. They were send house 42 rather than 42a. Luckily my neighbour dropped them across to me. Could potentially be a reason why I never received anything from them?

Are these arguments worth using at all?

Coupon-mad

Yes because you can show the Notice to Keeper they reckon they sent was never received/served. Have the DVLA got the right address for you?

There is much more to a defence though of course.

Jongd1i

Coupon-mad wrote: »

Yes because you can show the Notice to Keeper they reckon they sent was never received/served. Have the DVLA got the right address for you?

There is much more to a defence though of course.

Yeah definitely the correct address held by DVLA.

I have the parking eye prankster template defence for a paid car park. I will obviously be adding the part about addresses to this defence, but does this template need to be amended any further?

Coupon-mad

Yes you need to read the other links in post #5 of the NEWBIES thread which show you other example defences, what sort of thing to include. DON'T submit a template - you are the one who will need to understand your full defence if you sit in front of a Judge.