Uh-oh - PE Court Action - Too late?

tasty_snacks

On behalf of a family friend.

Long story short, they have a court hearing in a matter of days in a case Vs PE. The original fine was issued for overstaying. A very good reason was given, which I shan't go into because a) I do not wish them to be identified by PE trawlers and b) it's personal, and assumes that the recipient is actually a human being - which we all know doesn't work.

Most things have been done incorrectly here. The big one is that liability has inadvertantly been admitted as driver through the original appeal. Over a series of letters between the parties thereafter, the POPLA appeal date was also missed. Subsequently the case has been lodged with the local County Court.

Reading through the letters, frequent and fervent attempts have been made to reach PE (emails & letters). But the defence is based on the original reasoning, and the fact that the some correspondence was not received, including the POPLA appeals pack. Later pleas to to deal with the case through the appeals process rather than through court have fallen upon death ears, naturally.

I wish they'd spoken to me earlier, as I could've directed them to here or Pepipoo before the original response was sent. I really want to assist but my experience is limited to PATAS rather than private parking tickets.

Given the time I fret that they're in an uncontestable pickle here - the 14 period for submitting documents has elapsed too. I assume this does not prevent them from putting up a robust verbally reasoned challenge on the day, however, along the lines of Bargepole's post on pepipoo (http://forums.pepipoo.com/index.php?showtopic=87639&st=0&p=923456&#entry923456)

Any pointers appreciated.

The_Deep

Judges are often very receptive to a plea of mitigation. Tell your friend to give it their best shot. Also, tell them to point out how unreasonable PE are/were being, that this matter could have been sorted out if they had applied some common sense.

SevenTowers

I fear that you are raising your hopes that the mitigation effort will work, it very probably won't. Your friend will be up against a solicitor from LPC who fights these cases all the time. They will bamboozle them and the judge with legal arguments and in particular the Beavis case. You need to research this and more importantly the fact that it is being appealed in February at the Court of Appeal.

The Parking Prankster is your friend:

http://parking-prankster.blogspot.co.uk/2014/07/cambridge-judge-fooled-by-parkingeye.html

http://www.parking-prankster.com/court-claim.html

Coupon-mad

They MUST go armed with the proof that PE v Beavis is going to the Court of Appeal and so if the judge is minded to follow that awful decision by HHJ Moloney then your case should be stayed or enforcement of the Judgment should be delayed until after the Beavis case has been decided in March 2015. They need to take the documentary proof of Beavis going to the CoA.

Mitigation is HOPELESS as a Court defence.

They MUST turn up. Read this and look at the PE wins in the link about cases won (as well as the other links!). Click on them to learn what happens:

http://forums.moneysavingexpert.com/showpost.php?p=64350600&postcount=5

A couple of days research and prep now could steer this back from the jaws of defeat. Unprepared defendants lose, do NOT be like this person:

https://forums.moneysavingexpert.com/discussion/5039090

or this naive victim:

https://forums.moneysavingexpert.com/discussion/5123350

Both TERRIBLE examples of coming to a forum too late and not bothering to flipping research the issues. Almost wanted to scream when those 2 posted.

I fret that they're in an uncontestable pickle here - the 14 period for submitting documents has elapsed too. I assume this does not prevent them from putting up a robust verbally reasoned challenge on the day

No they cannot rock up and argue stuff on the day! THEY MUST submit an evidence bundle - urgently tomorrow. Base it around the proof that the Beavis case is set for the Court of Appeal and that PE have not been open and transparent in that respect, and that other courts (e.g. Telford & the surrounding area) are staying all PE claims, and other private parking claims too, for the PE v Beavis outcome. Send in an evidence bundle or hand deliver it to the court tomorrow and send it 'special delivery' (NOT recorded) to PE. TOMORROW.

Here's what the Prankster recommends to rescue a weak mitigation defence v PE:

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

''It is clear then that large amounts of court time are being wasted by ParkingEye due to their failure to inform the courts of the whole facts. All cases should be suspended until the Beavis appeal.

The Prankster would be interested to hear of any other motorists who have had their case adjourned until after Beavis, and would be especially interested to know how the judge became aware that Beavis was being appealed; from the defendant, from the claimant, or from their own knowledge.

The Prankster recommends that any motorist as well as informing the judge about the above cases, also takes a copy of HHJ Moloney's leave to appeal.
http://www.parking-prankster.com/exhibits.html
ex039

The motorist should also go to this link:
http://casetracker.justice.gov.uk/listing_calendar/search.jsp
Type in 'Beavis' and then print out the current case status and bring this to court.

The Prankster also recommends that if the case is adjourned the motorist asks for their costs on the grounds that ParkingEye were acting unreasonably in not informing the court that Beavis was being appealed.''

tasty_snacks

Thanks CM. I sent the link to your post directly to her.

Someone from PE offered her chance to pay in full before going to court, saying that it is the only way to avoid a CCJ. Neglected to mention that would only happen if a) the case is lost, and b) it is not paid within 28 days. What a toerag.

They are due in court shortly. She keeps breaking down in tears, but armed with the above I am reassuring her that it can be won, or at least, stayed. These tactics really can be distressing for people if they're not aware of the facts and their rights.

If it is stayed, with the info on this forum I can help her nail it properly next time. Will let you know what transpires....

bod1467

Are you supporting her in court? (As a lay rep or McKenzie Friend or similar).