Court claim no other letters!!

old_dinosaur

Hi Have just signed up to your site but think may have jumped the gun and sent incorrect letters to Parking co. and response to defending claim as wasn't sure what to do as court claim came out of the blue. Is it far too late to appeal if I didn't receive letters in first place? Have just come out of hospital so this is all I need! Have only the date and place and stated "overstay" as a clue. Have asked Parking co. to send evidence and have stated this to Court and probably wrongly added to my defense that I would try and mediate with Claimant if they could prove driver overstayed.
Has anyone else had this happen? Help please as already 14 days from date court claim. Have had confirmation back from Court and did check with them that it was a genuine claim. Nothing back from Claimant even though it was sent over a week ago and by recorded!:eek:

Stroma

Have you acknowledged the claim and said you are defending in full, plus have you asked for 28 days to defend ? Who is the parking company?

Coupon-mad

Please read post #5 of the 'NEWBIES read these FAQs first' sticky. All the links - ONLY post #5 of it. Then read the links again so you can see the wood for the trees.

Which PPC - Parking Eye or CEL maybe? Both fully covered by the Parking Prankster in his Blog and Guide:

http://parking-prankster.blogspot.co.uk/2014/03/have-you-received-court-claim-from.html

https://forums.moneysavingexpert.com/discussion/4864999

Why send stuff recorded unless the claim wasn't via MCOL?

Do not tick any box for mediation. You can later on try to steer the local court to order the case to be heard by POPLA instead (not always ordered but worth asking and the Newbies thread covers that too).

Do you mean the claim papers were dated 14 days ago, not that you have a hearing date looming?

What happened when you complained in NO UNCERTAIN TERMS to the retail store manager about this horrendous harassment? Do it now if you haven't before!

Have just come out of hospital so this is all I need!

Do you have a long-term condition that might last 12 months or more and could have meant you needed longer to shop - i.e. was the overstay needed due to a medical condition? If so you are covered by the Equality Act 2010 which can be a feature of your defence too (if you were in the car that day). No need for any 'disability' as such or Blue badge to be covered by that Act.

Please do answer all the above questions, one by one, and read post #5 of the Newbies thread and ALL links there in post #5 of it. Top of the forum.

old_dinosaur

Hi yes it's PE and no haven't been into supermarket. Do I ask to speak with Manager or write?Letter received was about 4 pages with Court Claim on top giving options of paying £165 or partial acknowledgement of parking misdemeanour or defense of claim. I sent in full defense of claim with reasons that I had, as keeper, no knowledge of any letters prior to Court claim one and so wanted evidence. Letter was dated 22nd July but didn't receive until a day or so later was told by Court I had think 4/5 days from that date and then the 14 days begins, but as have sent and received letter to Court now have an extra 14 days. Do I need another letter to PE as now over a week since recorded one sent and no info received.
Thanks for info about any medical condition as the driver may be able to claim needed more time.
Thanks for all your support and help

Coupon-mad

Have you read post #5 of the Newbies thread now? Saying you got no letters is not a 'full defence' it's a losing defence. And whilst the medical condition might allow you more time you won't win at court arguing that either as Judges won't get it at County Court level, generally.

You haven't answered the query about the medical condition - 12 months or more and affecting your daily life? Would you have needed more time?

As for the complaint ....ermmm...obviously you complain on Monday morning, urgently, to the retail Store Manager in person - an agent of theirs is suing you for an 'overstay' and you are possibly Equality Act 2010 protected - that's potentially illegal!

old_dinosaur

Thanks for info. Driver contacted store but as was about 3 months ago and paid in cash and receipt shredded Manager didn't want to know. Have now written again to PE, first letter had been signed for but no response yet, quoting various statements from Newbie Links adding Equality Act 2010 as driver needed more time to shop due to lung disease.Also letter to Court updating info, tomorrow letters to CEO Morrisons, BPA and DVLA and POPLA. Have about 12 days left of 28 to gather defense as guess PE won't let this rest. Also have visited Pepipoo website as similar case on there plus Parking Prankster is keen to add victims like me onto his list.
Is there a link that members can discover which Courts have records of PE sucesses and failures Thanks

Redx

parking prankster site has various transcripts you can download, including ones for PE

I think coupon-mad also published a list of them on here some months ago , linked from the sticky threads

Coupon-mad

Yes it's in the NEWBIES thread, post #5 where you were already directed to, shows you all the Court successes (don't bother to read losses, that's usually down to bad luck or a weak defence or a strong LPC rep or a clueless Judge). You can't really pick and choose your court as it will just be the one most local to your home address.

You do need to read all links in the Newbies thread post #5.

Also a complaint to Morrisons CEO can be copied & adapted from the other sticky thread I started 'Successful complaints about PPCs'. In post #1 of it, there are umpteen dozen PE cases cancelled after a strong complaint and in post #3 I list the email addresses and show an example complaint or two to use. I am sure I wrote one about discrimination to Morrisons a while back!

That other sticky thread is one of the forum stickies collated by Crabman 3rd from the top of the parking forum.

old_dinosaur

Hi thanks for info. CEO Morrisons written to over a week ago, but as yet no response!!
Defence statement sent to Court and received acknowledgement of this, but as yet no DQ. Original Court Claim was dated 21st July, Court says defendant had 5 days from that date so til 26th July and then 28 days from that date to send defence, which has been done.
Today is the 28th day and no response from Court or PE does that mean they accept that the driver had a health condition, Equality Act was quoted, so he/she needed additional time and if so is the claim stayed, does the RK receive paperwork to that effect or how much longer do we wait no knowing.
Thanks in advance for any support.

Coupon-mad

No this minuscule delay means nothing - there's bound to be a delay now while Northampton check that all the mountains of various cases they handle on a daily basis, are defended. They are then allocated to the small claims track and a N180 will arrive in a few weeks, as will the 'reply to defence' drivel from the PPC.

Your court Judge has not even read the defence and won't until months time, after you've submitted your actual court bundle prior to any hearing. Northampton Court service merely check a case is defended & allocate it to the small claims track. No-one has made any 'decision' and certainly a case can't be stayed until later on.

You should spend the time reading the umpteen hundred other PE small claim cases on here and on pepipoo by searching or reading back on both forum lists to click on relevant thread titles. Here's pepipoo, littered with small claims cases being defended and stayed and sometimes referred to POPLA and won, cases lost, withdrawn, etc.:

http://forums.pepipoo.com/index.php?showforum=60

And on MSE today I have just replied and read a good few court case threads in the first few pages alone. I always suggest posters go back at least 20 pages on pepipoo reading every court case thread to learn from the outcomes, as well as reading all the links in post #5 of the Newbies thread here on MSE - and go back more than 20 pages here or search this forum for 'Northampton' as your keyword for best results. Read everything you find about PE cases. I assume you have the Prankster's Guide now you've read the Newbies thread, because that Guide enables and empowers you to handle everything with knowledge.

The court process takes months, as you will be able to tell from the dates of threads you read and when they finally got their hearing (or not). Some cases go quiet for six months only to be pursued later on.

old_dinosaur

Hi. Spoke with CEO office by phone and found they had not received my letter, which gave creedence to the fact that the CCC was the first we received from PE. Emailed them attaching original letter. Got fast response saying they had had a word with PE and to wait until they make contact, hope not by post. Having said that a bundle of paperwork arrived today from PE including all the missing letters with photos of car park, signage, dozens of examples of their wins etc
Court says the DQ is in the post, again lets hope it arrives. Another waiting game and more trawling of internet to glean info.
Thanks to all the lovely people on here who help.