HM Courts & Tribunals - Parkingeye

RM13CLR

Hello Everyone

I was wondering if I could ask for some advice with regards to an ongoing case that is completely flummoxing and upsetting me. I joined a new budget gym (another story but don't do it!) and went to an induction and trial run etc.

A few weeks later I received a parking eye fine for the time I was at the gym 3hrs and 30 minutes. I honestly didn't realise there was a 3 hour limit. I took the fine to the gym to explain and an employee there told me he could get it cleared and took the fine from me and said to be aware of the restrictions in future but that he would deal with it for me.

I heard no more, but moved house in the meantime. I then got a HM Courts and Tribunals letter (via redirected mail service we were using) with details of the money claim online service and how to appeal. I contacted the gym for help but got "shrugged shoulders" & "we don't care kind of response"

I sent an appeal via money claims online, outlining my new address and giving details of what had happened with the gym and that I had not had any other correspondence and no chance to respond or appeal etc.

I had a letter confirming receipt of my defence - still to my old address.

I've had no reply to my defence until today when I have received a "Directions Questionnaire (small claims track)". I'm really confused about what to do, what is the point of a defence if they don't respond to it???

I would really appreciate some feedback.

X

Fruitcake

Have you read the NEWBIES thread at the tiop of the main page? I'm sure there is a section there about what to do if you are at court stage.

gertysingh

Check out Parking Prankster's guide: http://parking-prankster.blogspot.co.uk/

Am sure there is stuff on here and would have depended on how you wrote your defence as to how the PE will respond. Correspondence will be sent where ever your car is registered at with the DVLA.

Court process:
- Claim
- Defence
- Reply to Defence (optional)
- Directions Questionaire (will the gym be a witness for you? - they can also be a written witness)
- Court Bundle (docs you will want the court to see)
- Court

Hopefully one of the more knowledgeable will come on board cos it sounds like your defence might need improving. Anyway first stop for you is Prankster's guide.....and think you should get mad at the gym and ask to speak with management.

EnigmaPart1

Given what you have said and given my overall first impression of what is likely to be in your defence (or lack of) i would suggest you negotiate an immediate settlement with Parking Eye

4consumerrights

Hi

a) It is not a FINE
b) Parking Eye are using tracing agents quite a lot to chase up people who have moved and have ignored parking charges.
c) Other people have also discovered not to trust landowners/shops etc who say they will cancel parking eye charges - just read lainaiee's thread here.

d) From your description - I would hazard a guess that your defence is based on mitigation - can you post it up here please .


e) Chase the Gym and state that you will consider a claim against them should they not instruct their car parking mis-management agent to cancel.

f) A negotiated settlement may be the best course of action - however this would depend when you moved etc.

gertysingh

Other things you can do:
a) Request at this stage that this is dealt through Popla so that court time is not wasted with this vexatious matter
b) Submit a counter claim if you feel you will be able to follow through with it.

Here is some fuel back for you to read: http://www.britishparking.co.uk/write/Documents/AOS/BPA_Code_of_Practice_-_February_2014_-_Version_4.pdf

You will then understand the process PE should have taken.

Coupon-mad

RM13CLR wrote: »

Hello Everyone

I was wondering if I could ask for some advice with regards to an ongoing case that is completely flummoxing and upsetting me. I joined a new budget gym (another story but don't do it!) and went to an induction and trial run etc.

A few weeks later I received a parking eye fine for the time I was at the gym 3hrs and 30 minutes. I honestly didn't realise there was a 3 hour limit. I took the fine to the gym to explain and an employee there told me he could get it cleared and took the fine from me and said to be aware of the restrictions in future but that he would deal with it for me.

I heard no more, but moved house in the meantime. I then got a HM Courts and Tribunals letter (via redirected mail service we were using) with details of the money claim online service and how to appeal. I contacted the gym for help but got "shrugged shoulders" & "we don't care kind of response"

I sent an appeal via money claims online, outlining my new address and giving details of what had happened with the gym and that I had not had any other correspondence and no chance to respond or appeal etc.

I had a letter confirming receipt of my defence - still to my old address.

Oh dear. That is not a defence. Why did you ignore the thing and hand the first letter over to a Gym employee when it was YOURS to appeal at that early stage and was easy to win (too late now)? But once court papers arrived, it wasn't an 'appeal' any more - you needed a decent defence, based on advice which is all over parking forums. This was serious and needed much more application than 'filling in a form' about what happened.

I've had no reply to my defence until today

Sorry but that was no defence - don't want to upset you further but you are in danger of losing this and have come here very late. At least if you do lose, as long as you turn up to the hearing you only pay £190 on average (it's not thousands). And normally I would say you could then sue the Gym but...I can't see you doing that, realistically...I don't see signs you could achieve it. Hope I am wrong.

I have received a "Directions Questionnaire (small claims track)". I'm really confused about what to do, what is the point of a defence if they don't respond to it?

They respond later on - the DQ is expected and you must respond. I suggest you read section 5 of the Newbies thread and start researching this better. For instance it tells you in a link there, all about these court forms & what to put, which box to tick.

You will be very lucky if you can claw this back now - your best bet is to fill out the DQ based on what you read in the Newbies thread post #5 (ONLY POST #5 of it). Then read what to write in a letter to the local court asking for a stay for POPLA or the ParkingEye v Beavis case. If you don't know what that case is, you have almost no chance, so you MUST research this better. The Newbies thread has the info you need and we can't type it all out again, and the Parking Prankster's guide to defending a PE court claim has been around for over a year as well so, get reading.

Also there are LOADS of PE court cases on here - read some, go back twenty pages or more, looking for them. Click on any thread where the title is about a PE court case. You will learn what to do & what happened in outcomes, cases won, cases stayed, etc.

I hope for your sake you can get the case 'stayed' (please...don't ask what that is, research this better or, as EnigmaPart1 said, you may as well pay up or negotiate a settlement). The defence is a loser. Sorry but it almost beggars belief that you would write that in response to a court claim and not look up to learn from the thousands of other people posting about their solid defences on forums for over a year. All it would take is a Google search, almost too late now.

I contacted the gym for help but got "shrugged shoulders" & "we don't care kind of response"

Your other saving grace (pretty obvious really) is to WRITE to complain to the head office of the Gym and ask them to step in to ask PE to cancel it - BUT PE will probably send you an offer to settle for £60 'costs'. In your shoes with that awful defence I would consider accepting it. I never say that normally, got to be realistic though as you have no defence. The bottom line is (for the complaint, NOT in defence) you relied upon a Gym employee to cancel this for you so THEY are liable for your loss ...but you've accepted the shrugged shoulders? You haven't escalated a formal complaint in writing yet although their agent is suing you?

Take a day to take in what we've said and to start reading where we've suggested, then come back once you have completed the simple DQ form, to discuss your two pronged attack (your only hopes): A written formal complaint to the Gym Management at Head Office and a letter to the local court asking if they might grant a stay (as explained in the newbies thread post #5).

Which court? Maybe it will be a good one which might allow the case to be adjourned - so tell us which court is your local one (not Northampton!).

EnigmaPart1

This really is one of those case where the person wont stand a chance and is better of settling sooner rather then later

You are wasting your time if you think you are going to stand any kind of chance. So follow C-M's advice and settle ASAP.

Coupon-mad

They may get the £60 offer from PE if they complain properly. But they must fill in the DQ as well as they can't fall foul of court deadlines even if offering to settle.

RM13CLR

Thank you all for your replies, I really appreciate it.

I will try to settle this today.

salmosalaris

I'm intrigued that you haven't received a reply to defence . This isn't compulsory but I haven't come across a single case where they haven't submitted one . Could it still be at your old address ? They will file it with their DQ.
It probably is best to negotiate a settlement but return your DQ first , see if they are going to proceed then negotiate , there's no rush