ParkingEye Ltd County Court Claim Form stage

JonnyRotten

TVM Coupon-mad

Thought I had enabled just before messaging, obviously not! WDIN.

Yeah, OP I'm slow.
Haven't bothered using the legal cover, although they would have I think if I had started before responding to the N1CPC?

Questionnaire sent to NCCBC and PE with the mediation box ticked, Court not allocated yet. PD Part 18 request made as per Prankster's advice but no response, nor any response to initial Defence. Made a few FOIA2000 requests for missing information from MoJ, DVLA, Land Registry, Companies House. Slowly writing the full defence and the witness statement pulling together case files to go with the points.

Still JR

JonnyRotten

Hey Parking Aficionados

Would you believe it? Got a N180 response from PELtd.

They have ticked the "Do you agree to this case being referred to the Small Claims Mediation Service?" box.

Well, what do you know! The form was partially and automatically completed, with some tick boxes already done.

Then, could the fact that the relevant hand completed sections are in blue ink and that the D2 Expert Advice section (number of witness including self) is incomplete, mean that this form is inadmissible to the court?

I thought official form filling must be in Black ink only?

Still reading, writing and calculating stuff to try and beat PELtd.

I think that I will offer them not to go to court if they pay us £175 discounted by 40% if they pay up within 14 days, less about a £10 tenner, the amount that they have spent trying to get us to court, £2.50 for DVLA, £3.10 for 5 first class stamps and about £4.40 for about a half hour or so of administration time for a clerk at the minimum wage.

£95 from them to us would be a profit before they waste money on paying their representative.

What do you think, tongue in proverbial cheek?

Getting more Rotten by the day

Coupon-mad

What stage are you at now with this, have you written to your local court asking for your case to be stayed for POPLA or the PE v Beavis Court of Appeal case...advice about this as shown in the Newbies thread (read all links in post #5 of that sticky)?

Forget the counter claim idea for now.

JonnyRotten

Hey Coupon-mad

Just had the Court telephone mediation session a few days ago. Lots to think about with it. Needless to say the offer of them paying us not to go to court with them seemed to throw any mediation. They didn't offer anything so it was just through the motions.

I had not received their reply to defence by the time of the mediation call so was unable to comment on the 'tosh' they wrote.

I have not yet been informed which local court the case will be at, although it is probably not going to be at the one I asked for. I will ring up in a day or so and ask, but then that might spur them into action. I will write when I find out.

I now think that I have quite a few legal technicalities the more I go through the paperwork, car-park signage, ANPR coverage, contract variation instruction, landowner and agent relationships. If the judge accepts the full defence I may have a reasonable chance of success. I don't want to say too much as I know that they read these threads so want to keep the powder dry.

Some interesting facts back from FOI requests that I'll push into the forum when ready. The numbers are unbelievable! Just getting the relevant cases together to go with my full defence points and looking at writing the Witness statement.

Thanks again for keeping an eye on me.

Once Court is over, irrespective of the outcome, it will be time to raise the fight to Parliament. The business model stinks. Wonder if HMRC takes a look? There is a lot of activity in the media lately as people begin to cotton on to what is happening. The State has just given a legality to these people who just seem to have replaced the Clampers.

More Rotten than I was yesterday

Coupon-mad

You should get your local court if the one you asked for is the nearest one to your home. Make sure you are ready with evidence about Beavis:

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

And that you do ask for a stay of the claim, as soon as you get the court date, as we are now really close to the Beavis case CoA decision (Spring 2015).

JonnyRotten

OK, Coupon-mad

The N24 General Form of Judgement or Order has arrived.

Case set for end of January 2015.

I have not been granted the local court that was requested but the second nearest. This is the second part of the Directions Questionnaire form returned to the court where requests have either not been read or ignored, the non-availability dates (mediation call during one period) and local Court.

I have written to the Court requesting a stay for Beavis and a stay and order to undertake POPLA.

I have written an enhanced document of defence points and witness statement where I have found a lot more mistakes in the: Signage, contract, paperwork and so forth. A fair few are 'legal technicalities'.

I'll split it out and redraft to get it more concise on the run up to the 14 day prior the case.

The DDJ Melville-Shreeve transcript PE v Collins-Daniel is very useful.

The Beavis transcript really needs deep reading and it is only one interpretation. Read what DDJ Melville-Shreeve says about case transcripts and filleting.

The PE reply to Defence is a blizzard of such. Full of technicalities more errors and the Contract Variation Instruction is a laugh. I do not think there is any point in doing this as Judges have the portal to read up on relevant cases, or so they should. Perhaps pick one very good case transcript per point?

Anyway

Still fuming Rotten and getting more so!

gertysingh

Thanks JR for your updates. Have only been involved in a couple of cases so can't comment however prepare a schedule of expenses to claim (for when you win).

FYI: https://www.moneyclaimsuk.co.uk/litigant-in-person-costs-and-expenses.aspx

Marktheshark

make sure you have the full £90 expenses accounted for and be very prepared for the sneaky solicitor they send to try and dump papers on you in the waiting room.
Do not identify yourself to anyone bar the court usher and leave any paperwork they chuck at you by moving seats.
Never take it in to the court room, once you have seen it, the judge will often allow it.

JonnyRotten

Parking Aficionados

Thanks gertysingh and Marktheshark

Great news all. The Court has ordered that:

A stay be granted until the end of March.

And the Claimant must inform the Court of the outcome of the appeal in their case v Beavis and how it works for them to proceed.

Well, that sort of puts the 'Shysters' on the back foot. Hurrah!

Whatever, we've still got enough to perhaps win?

Getting less Rotten

Bon Noel alles und Gesegnete Weihnachten und ein glückliches neues Jahr!

hoohoo

Great news. Can you tell us which court, and which judge (if any) made the order?