IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.

ParkingEye Ltd County Court Claim Form stage

Options
123468

Comments

  • Marktheshark
    Options
    Good news is, they lose even more money on every case that gets stayed.
    At this rate they will be bankrupt by Easter.
    I do Contracts, all day every day.
  • JonnyRotten
    Options
    hoohoo wrote: »
    Great news. Can you tell us which court, and which judge (if any) made the order?

    hoohoo

    Read down the thread to see where I was hoping for, but I will keep my powder a little dry for a bit longer until I see the lay of the land.

    Happy to post such stuff when I get an outcome.

    They read these you know.

    My advice.

    Follow the NEWBIES thread, buy The Parking Prankster's book and download his other material, read the Practice Directions and follow them all as closely as possible, craft your defence work well, read what zzzLazyDaisy has to say, she has legal experience, oh and of course take the good advice and assistance to craft that work from those, on this site such as Coupon-mad and bargepole and those on other sites.

    Remember it really is not about beating the shysters it is about getting the Law to beat the shysters, enough times to eventually force the Government to change the Law, because therein lies everyone's problem.

    Still Rotten
    but hoping to see the sun in March
  • Umkomaas
    Umkomaas Posts: 41,506 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 22 December 2014 at 10:49PM
    Options
    Good work JR. You'd be really good helping OPs through the stages of their PCN based on your experience. Do come and join us.

    Still Maas-o-kum. Whoops! :)
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Parking-Prankster
    Options
    I have only submitted a defence to one, so my advice may be somewhat limited if any use at all.
    I noticed in their evidence pack two "witness statements".
    I passed this to my solicitor who works for me and she was most intrigued by these "statements" as both appeared to have the same signature for separate names , she issued a notice for both witnesses to attend court for questioning.
    It ended the next day after the form was serviced with the case withdrawn.
    Which is exactly what my solicitor stated would happen.
    Make from this what you will.

    So I never got there.

    Something to hide perhaps ?



    Just noticed this. Was this a parkingeye case? If so, I am very interested in this and would love to blog it. Please contact me at [EMAIL="prankster@parking-prankster.com"]prankster@parking-prankster.com[/EMAIL] if you are up for this
    Hi, we’ve approved your signature. It's awesome. Please email the forum team if you want more praise - MSE ForumTeam
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    Options

    Remember it really is not about beating the shysters it is about getting the Law to beat the shysters, enough times to eventually force the Government to change the Law, because therein lies everyone's problem.

    Exactly. Or, hopefully, the PE v Beavis appeal putting the law back to where it has always been.
    Dedicated to driving up standards in parking
  • JonnyRotten
    Options
    Interesting next stage.

    Another District Judge at this County Court has served a further order staying the case for nearly another 2 months. It is an N24 Standard Order for further stay:

    Standard Order - further stay for settlement granted

    The DJ orders that this claim be further stayed until xxXXXxxx to allow the parties to continue their attempts to settle.

    On or before xxXXXxxxx the following steps must be taken
    either
    The Claimant must notify the Court that the whole of the claim has been settled
    or
    The Claimant or Defendant must write to the court requesting a further extension of the stay period, explaining the steps being taken towards settlement and identifying any mediator, expert, or other person helping with the process. The letter should confirm agreement of all the other parties.
    or
    all the parties must file a completed directions questionnaire at the Court. Where a settlement of some of the issues in dispute has been reached, a list of those issues should be attached to the completed questionnaire. The list must be agreed with the other parties and must indicate that it has been agreed.

    Previously, well before the NCCBC passed the case to the local County Court, a Directions Questionnaire was completed and filed with the NCCBC. Under the NCCBC guidance a mediation was undertaken but this was unsuccessful as the Claimant would make no offer.

    Now it seems that the DC requires another Directions Questionnaire filing and so I need to telephone the Court for advice.

    A note to all Newbies who receive Court papers.

    Telephone the issuing court to confirm that those served papers are genuine and that the official Court Claim Number relates to your specific case. If there are mistakes within those papers do not inform the Court of the mistakes. Use the mistakes as a point of Law and as a part of your defence. Keep the exact details of all errors in signage, contract, paperwork etc until you make your final defence and Witness statement submission to the local court just prior to the given deadline before your case. Many Judges are intensely critical of poorly written work and inexact grammar. They shred cases because of how it can be interpreted in more than one way. Use this to your advantage.

    Roll-on the Beavis outcome, one way or another!

    Maintaining JonnyRottenness
  • JonnyRotten
    Options
    Well what next?

    The deadline at the end of March came and went for PE to tell the court how it intended to proceed. I thought that I had them. The second stay (below) had confused me somewhat, so I rang the court to find out what was happening.

    PE had requested this second stay fairly sharpish after the first order for the Beavis CoA outcome. As usual they had neglected to inform the Defendant of this, thus the confusion. (so I need to follow my own advice and ring the court as soon as something happens!!)

    Note PE's failure to abide by the general procedures of the Practice Directions again, it is becoming a habit!

    The court then admitted that it had made a mistake and that the wording of the second stay was hoop! and that a replacement would be with us shortly. Doesn't fill you with confidence, that the court has a scooby, does it?

    I am still awaiting the court's new stay order. I wonder will PE bother to advise the court and us that Beavis was given leave to appeal to the Supreme Court?

    We can but hope and wait and see.

    Feeling fairly JonnyRotten until the sun came out.
    Then smiled when I realised that it only snows up North!
  • JonnyRotten
    JonnyRotten Posts: 62 Forumite
    Options
    Aficionados!

    Case now stayed until after the Beavis Supreme Court ruling next year.

    Still JonnyRotten, but very happy to sit in the sun and wait!
  • Coupon-mad
    Coupon-mad Posts: 132,688 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Options
    The Supreme Court ruling will be this Autumn. The case is being heard early, end of July.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • JonnyRotten
    Options
    Hi Folks

    Here are the details for the Barry Beavis Supreme Court appeal kindly presented on the Prankster's web blogspot. 21 to 23 July and probably on day 3.

    http://parking-prankster.blogspot.co.uk/search?updated-min=2015-01-01T00:00:00-08:00&updated-max=2016-01-01T00:00:00-08:00&max-results=50

    We can watch the action through one of the links

    JonneyRotten, occasionally watching Wimbledon action
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.6K Banking & Borrowing
  • 250.2K Reduce Debt & Boost Income
  • 449.9K Spending & Discounts
  • 235.8K Work, Benefits & Business
  • 608.8K Mortgages, Homes & Bills
  • 173.3K Life & Family
  • 248.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards