Son in Law got court papers from Parking Eye

Missmarple

Hi all.
My son in law has received court papers from PE any advice in filling out his defence will be gratefully received.
This is something he has been ignoring for about 2 years and had not heard from them for a long long time. I have only glanced at the paperwork at the moment but what he first received was a letter containing a copy of the court form they had sent to the court, a letter saying they had rights to collect from the landowner (the Co op) and a bunch of court cases which they intend to rely on in court.


I have been doing the newbie reading and will help him fill in his defence. I do have to say I don't hold out much hope after reading the Bevis appeal, I know it's going to the supreme court on the 21st July but success is on a wing and a prayer I feel.


That aside for now I am wondering about my son in law asking for a welsh speaking judge and so PE will have to have a welsh speaking solicitor do you think this will help or hinder his case ?


We have to defend mainly on unjustifiable costs, unless anyone can add anything to the mix. I have downloaded Parking Cowboy's book to my kindle to have a look at tomorrow. It maybe slightly outdated but I hope it has a few good tips.

Redx

read post #5 of the newbies sticky thread

your defence will major on several points, same as a popla appeal would, not just what you say

so it will be these and more

flawed NTK
no contract with landowner
no locus standii
poor signage
not a gpeol

plus asking for popla as ADR

plus asking for a stay due to Beavis

do not limit the defence to "what you think"

make them jump through every hoop on the planet

ps:- are you sure its PE and not CEL or DEAL ?

its mainly CEL and DEAL that send these out for co-op cases, plus the co-op had 2 cases due to employees being targeted

Umkomaas

^^ +1 ^^

I'd be surprised at a PE:Co-op arrangement. Please double check and confirm who the PPC is, as there will be slightly different handling strategies.

The_Deep

I do have to say I don't hold out much hope after reading the Bevis appeal

Then you should, the Beavis decision was based on a set of very specific circumstances, for instance, PE paid the landlord £30,000 a year to farm the car park, so was, in effect, the landowner.

Beavis is not the silver bullet some PPCs seem to think it is.

Missmarple

Thank you for the above advice. I will get the paperwork from him and post back.

Missmarple

Hi All
It is in fact CEL. Enclosed is a letter from the Co Op saying


We understand that it has been suggested on-line and elsewhere that Civil Enforcement ltd did not have the authority of the Co Op to issue parking charge notices on its car parks
We also understand that the defences have been filed suggesting that Civil Enforcement Ltd was not authorised by the group to issue parking charge notices on its car parks
We hereby confirm, on behalf of the group, that Civil Enforcement Ltd had authority to issue PCNs in respect of car parks which were managed on behalf of the group by Creative Car Park Ltd or Creative Parking Ltd.


Yours faithfully
Chris Jones
Solicitor


Also enclosed it the a copy of the Bevis appeal judgement which they say they will rely on in court.


I really need to acknowledge and send in a defence to get some more time.
Any idea of the defence please?


This was a free car park which Son in law overstayed on 17/3/2012 over 3 years ago.
He never received a letter to pay the offence of £90 he was just asked straight away for £130. He emailed the Co Op and as he had no reply from them he thought it was done with.
A few letters followed which he ignored.


Last week he received a letter stating court papers had been lodged (no letter before action).
A day later he received the court papers which is where we are now.


He has said he would rather negotiate a settlement if possible.


Any help will be gratefully received.

bod1467

That letter doesn't confer rights for CEL to initiate court proceedings. In fact only Creative Car Park Ltd or Creative Parking Ltd could potentially have any such right, but even that is not confirmed.

Missmarple

Yes I am wondering what's going on here.
Are the Co-op the landowners ?
Who are Creative Car Park Ltd or Creative Parking Ltd and how does it trickle down to CEL ?

bod1467

http://parking-prankster.blogspot.co.uk/search?q=creative&max-results=20&by-date=true

Redx

just read all the blurb on here and pepipoo and pranksters website for clarifying any details

I did indicate it would be CEL and not PE , post #5 of the newbies sticky thread deals with this, plus the coop have a couple of ongoing court cases as well

the is it CEL , is it DEAL , is it Creative Parking saga is a long one , many have tried to unravel it , same as the coop letter above, or this scwartz chap who cannot spell his own name correctly

dont get bogged down in those issues, just deal with the court case paperwork

and use ADVANCED EDIT on post #1 to change the thread title too

and read this and the links

https://forums.moneysavingexpert.com/discussion/5286134

and

https://forums.moneysavingexpert.com/discussion/5281937

Missmarple

There has been a development. Son in law has been in touch by email with he says the CEO of the Co-op. They emailed back wanting the court details.
They have emailed him back to say to pay it and they will send him a cheque for the full amount of £215.
I haven't seen the email so advised him (through my daughter) not to pay it as yet.
Has this been known before ?
Hopefully this is all above board BUT even if it is will look like a win for CEL.