parking eye and i am at county court stage

ampersand

c-m and redx, I know mitigation as such is a non-starter, but could there not be some traction in this case, with dun's long-time absence from albion and tenuous receipt of post?

[dun - I will happily arrive in ma France profonde , bearing mse advice:-).......bilingue aussi, moi.]

Do stay with it, please, op. Any case taken all the way contributes to the toolbox of precedent for others after you.

Get right onto those landowners and retailers.

Coupon-mad

In fact I think he should point the fact he lives in France out to the court when asking for POPLA or a stay for the Beavis case instead of a hearing, seeing as his costs to attend any hearing will include his plane fare and other expenses and so a 'stay' of the claim (avoiding a hearing) would mitigate the loss:

I am living in deepest rural france. so a trip back to the uk to potentially lose a court case isnt high on my list.

I think he could also email ParkingEye to point out that his costs will include a plane fare so 'encourage' them to DROP IT - and point out, because he was previously living in Holland he didn't get the letters. And that he has written to the landowner to complain about this harassment.

[EMAIL="enforcement@parkingeye.co.uk"]enforcement@parkingeye.co.uk[/EMAIL]
would be the email to use to start a dialogue but don't offer them money or fold when they demand/offer 'without prejudice' a bargain reduced £50 - £80!

dazupnorth

thanks all for the posts above. but my internet connection here can be likened to a bit of wet string. travelling to macdonalds in town to use their wifi is becoming tiresome.

the paperwork is finally here. 2 bits. but the same. "notice of proposed allocation to the small claims track"

and the response of same from parkingeye.

we should seek all means to settle this without going to court and they have ticked the box that they are prepared to go to mediation. ( the small claims mediation service )

if all partied agree this will be what happens.
their form:-
A1 (Y) agree to mediation
B - contact details
C (Y) they agree the small claims track is the appropriate route.
D2 (N)not asking for courts permission to use experts
no fee and a couple of lines for a signature.

dazupnorth

seems we had until 5th september to fill out our part........
i guess we are ringing people up now and explaining we live in france and this is now too difficult to work remotely.

Coupon-mad

Yes urgently ring the court to explain and to ask who to address a letter to, in order to ask for the court Judge to use discretion to consider 'staying' the claim, either for POPLA to take place as the bespoke ADR to decide the case out of court (to comply with the requirement to seek all means to settle this without going to court) OR for a stay until the outcome of the ParkingEye v Beavis case which PE are relying upon but which is going to the Court of Appeal under case 20142010 on 25/2/15. (be specific, quote these details).

Get the court to allow you time to send that letter to them, or fax it (courts do use fax) and ask if you can also attach your section of the DQ by fax, all in one go. Put Preston as your chosen court because although PE are there too, they lost there last week so there is a Judge who may listen.

Also ask if the Court can please email you when the hearing date is known or if the Judge agrees to stay the claim for POPLA or the Beavis outcome. Reiterate that as you live in France you are out of jurisdiction, you believe, so in fact the case could even be struck out. But you are very keen to resolve the case via POPLA which can be done online and where an adjudication is made every time, one way or the other. As such it will avoid a hearing because you agree to abide by the decision of the POPLA Adjudicators - and PE have to abide by it under their Code of Practice and AOS membership of the BPA. Be very polite in the letter you send/fax, give an email address, phone number and an address in France and hope for the best from the Judge.

dazupnorth

above all done. court spoken to. they gave us an email address to send the scanned stuff to.
requested the judge call it off, go for popla or delay until the above case is heard.

thanks for the advice as always.

bazster

I don't understand all this at all. MCOL rules only permit claims to be brought against residents of England or Wales. Write to the court, tell them PE got the wrong address (where you haven't been resident for 6 years), give the court your address in France, end of.

dazupnorth

oh the joys of these updates.
we got a letter from the courts saying thrown out so long as the other side doesnt apply for "out of jurasdiction"
wohoo we thought
oh the joys of recieving the news that they had applied by the due date.....

bazster

dazupnorth wrote: »

oh the joys of these updates.
we got a letter from the courts saying thrown out so long as the other side doesnt apply for "out of jurasdiction"
wohoo we thought
oh the joys of recieving the news that they had applied by the due date.....

Are you saying they've applied for permission to serve out of jurisdiction?!?!?!

They must be mad.

Coupon-mad

Sounds encouraging!