parking eye and i am at county court stage

Coupon-mad

dazupnorth wrote: »

we do have a court date. its in preston. and we have been told to submit our response. we have recieved their bumper pack saying they wont be there but a representative will.
we asked for the case to be binned due it being crap or due to us living out of jurasdiction. the court said, it was out of jurasdiction unless PE, appled a blah blah rule. they asked for this. that was way back when northampton were dealing with things
so we'll ask again to get the case stayed. do we do that direct to the court now? outside of the running court procedure.?

Yes, urgently ask for the hearing to be vacated and the claim stayed because PE are relying upon a case which is set for the Court of Appeal at the end of Feb 2015 (name the case, name the date, name the Appeal number, all of which is already here several times over and in the Prankster's Blogs* too). You should have asked for this in writing to the local Judge, just after the DQ, once you knew it was allocated locally, well before a court date was set. You have to spell it out, specially to the local court. You need it stayed for the Beavis outcome, if you have to attend a hearing it will cost you a large amount in travel costs (you realise that the person named as defendant has to attend and you can't send anyone else?). Getting it stayed should have been your priority weeks ago, with a letter to the local court, sent pretty much straight after the Directions Questionnaire.

Do not hide the request for the court to stay the claim, within your response evidence. Send the court a nice ring binder of your evidence on numbered pages with numbered exhibits/evidence - but with the letter asking for a 'stay' (and why, and the Beavis proof of CoA, see PP's link below) separately on the top (get someone local to hand it over in person if need be). As for PE - post their copy of the same evidence, just not particularly nicely arranged and NOT in a ring binder). Every page of every version needs a header with your claim number & name at the top to ensure it's all kept with your case.

And if you don't get it stayed you will need a full set for yourself for the hearing but go with proof of the Beavis case CoA date, in triplicate to hand out - and prioritise asking why PE and their lawyer rep, failed to inform the court that this case they are hanging their hats on, isn't concluded by any means so is unsafe to rely upon until resolved in the Higher Court.


* http://parking-prankster.blogspot.co.uk/2014/11/parkingeye-roundup-parkingeye-lose-in.html

dazupnorth

simple quick and succint.

we lost. totally rejected our stuff. we owe them money.

Ralph-y

did you ask for ' hearing to be vacated and the claim stayed for the Beavis outcome'?

if it wasn't did you 'And if you don't get it stayed you will need a full set for yourself for the hearing but go with proof of the Beavis case CoA date, in triplicate to hand out - and prioritise asking why PE and their lawyer rep, failed to inform the court that this case they are hanging their hats on, isn't concluded by any means so is unsafe to rely upon until resolved in the Higher Court.'?

Ralph:cool:

ampersand

How come?

Why not stayed till post-Beavis?
Nothing heard from you for over 6 weeks. In this time did you receive a refusal to Stay Case? If so, why didn't you let us know at once? If only to see if there was the slightest tweak room?

Please, tell us.

What pressure did you apply for that, above all things, as repeatedly advised?
#
Sorry, dun - you don't need a nose-grinding response right now.
Je suis complètement boulevers! par cette s!rie d'!vènements, pas autant que vous, bien sûr.

I am so sorry.

Was the Preston Judge even aware of Beavis? Were you allowed to utter the name?
Who was present for The Lie? For you?
#
Too soon for talk of Appealing this?...views anyone?
#
Of course it STINKS of The Lie wanting to clear decks of potential defeat grunge prior to Beavis.
Flotteurs totales.

bod1467

Don't think you can set aside a contested case, only a default judgement.

jkdd77

I sympathise with the OP, and am amazed both that the court considered that it had jurisdiction to hear the claim, and that it was not willing to wait for the Beavis appeal case later this month before pronouncing on the issue of penalty/ 'commercial justification'.

It is very unlikely that the Beavis appeal will be decided within 21 days, but, if it is upheld within this time, it may be possible to appeal on this ground, and possibly on other grounds, too, such as privity of contract and consideration.

Furthermore, if the OP truly lives in France, it may be possible, as a practical matter, to simply not pay, and ignore the CCJ.

Whilst it is theoretically possible to enforce judgments across EU borders, in practice, it is likely to be more trouble than it is worth, even for PE.

If Beavis succeeds with his appeal after 21 days, it may be possible to ask for leave to appeal out of time on the grounds that, to quote very briefly from Pannone's website: http://www.pannone.com/media-centre/articles/family-law-articles/so-you-think-its-all-over-overturning-court-orders#sthash.j06u1wTX.dpuf

a new event has occurred since the making of the order which invalidates the basis on which the order was made, so that, if leave to appeal was given, the appeal would most likely succeed

ampersand

bod1467 wrote: »

Don't think you can set aside a contested case, only a default judgement.

#######
Yes bod - corrected, thankyou, meant Appeal. Still aghast at this.

dazupnorth

we did ask for the case to be set aside. to await beavis case. the court order says application to stay is dismissed and application to adjourn is dismissed.

dazupnorth

dazupnorth

the court experience in my view is simply skewed to getting the junk processed in the least possible time. no-one at any juncture in the courts has given a hoot. nor have they indicated any opinion, i'm sure they are not supposed to. we replied in depth with a retort to all of their points in the 120 odd page of bollox.
i dont suppose they really care if we pay or not. its a win to them and thats the best they could get. i have no doubt whatsoever at all. the win is worth more to them then the 200 we are now goin g to organise getting to them.

totally dismayed totally disheartened. the land owners are in cahoots with these pariahs all in the name of profit..... untethered capitolism is becoming a truly ugly beast