Parking eye court claim form

ManxRed

My understanding is that the initial defence must contain all the points you are going to defend on. You can add detail to these points later but you can't add new points.

So submitting a defence of 'I deny I owe these scumbags anything' is a BAD idea.

Guys_Dad

I didn't know the correct advice on this, so Googled it.

OP wrote

" ive received a court claim form, not with a summons date but where i need to admit or defend the claim through acknowledgement of service. what should i do? "

If he has only received the claim form, with or without the particulars, then https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

States the following:-

5.2 Defend, admit or make a counterclaim
You don’t need to do anything until you receive the particulars of claim from the claimant. If you only receive a claim form you need to wait for the particulars of claim – they should arrive within 14 days. But note that the particulars of claim are often incorporated into the claim form.

Within a further 14 days of receiving the particulars of claim you must send to the court (called ‘filing’):
• an acknowledgment of service;
OR
• a defence; and/or
• an admission form.
5.3 Acknowledgment of service
If you file an acknowledgment of service you are allowed further time to respond in detail to the claim. The time for filing a defence is increased from 14 to 28 days from the date of service of the particulars of claim. If you file an acknowledgment of service, but then fail to file a defence within the time allowed, the claimant can ask the court to enter ‘judgment in default’ against you. This is where the claimant asks the court to make an order that they have won the claim.
When the court receives the acknowledgment of service the claimant will be sent a Form N10 (notice that acknowledgment of service has been filed). It will tell the claimant:
• the date it was received;
• whether you intend to defend all or part of the claim;
• the name and address of the your solicitor (if a solicitor files the acknowledgment on the defendant’s behalf); and
• any change in the your name and address which is mentioned in the acknowledgment

Hope this helps settle the procedure..

Quentin

4consumerrights wrote: »

Quentin

How many parking charge have you

a) successfully challenged at either first appeal or POPLA?
b) How many court claims have you seen or dealt with in respect of parking cases?.
c) what experience have negotiating lower settlements for badly defended court claims?

What have your (irrelevant) questions to me got to do with your wrongly scaremongering the OP?

4consumerrights wrote: »

Looks like you may be heading for an automatic default judgment.....

.

You only get a judgement in default if you ignore the claim and don't respond within the time limit (and the claimant asks for judgement in default)


A simple defence as suggested forestalls any chance of a judgement in default


But you carry on

4consumerrights

Quentin - the questions are not irrelevant to the basis of the topic in hand.

I am not intending to scaremonger the OP either and would suggest that you read the whole of my post that you have misquoted above...

The OP is procrastinating from what I can see and my earlier post stated that his initial defence in response to the POC from Parking Eye need to be with the court on the 14th November to avoid any default judgment for claimant.

I also commented that from his postings I did not believe his defence was strong enough but hey ho if you wish to indemnify the OP on your advice in this matter be my guest.

bargepole

Quentin wrote: »

You certainly are wrong. It is not necessary to give a full defence within 14 days (or 28 if you use the acknowledgement).


But carry on!

You are both half right and half wrong.

The initial defence sent in response to the MCOL claim, must contain all of the points the defendant intends to rely on. They can be in summary form, but must be mentioned, as most Judges will not allow additional points to be added later (unless the defendant applies for permission to submit an amended defence, which carries a £50 fee).

When the defendant submits a Witness Statement and Skeleton Argument nearer the date of the hearing, the initial points can be expanded upon, but no new facts or arguments should be introduced which weren't originally pleaded.

Just putting that liability is denied, without stating the reasons why, is likely to have the defence struck out as disclosing no grounds of defence.

grahamcaley

Thanks guys I appreciate all of this. I thought improper signage, !!!! lighting etc would be a winnable defence. The 14th is a Saturday.....l..is that a working court day?

I appreciate also both of you guys liberal and extreme worst case scenario and bargepole in the middle. What would you suggest for a defence?

I fear that if I send this defence in that's my chances of the hotel throwing it out gone

Coupon-mad

You are doing this online so 14th is a day you can submit a defence. We can't really suggest a defence any different than any others you might find on here already by searching for 'ParkingEye claim' THEN you have the mountain of distinguishing your case right away from 'Beavis'. So read the Parking Prankster's blogs online about Beavis and spot the difference. That needs to go at the top of the bullet points.

Even then you've got the uphill battle of not just getting a Judge who strikes the defence out, whatever you say.

I'd be more than a bit miffed if I were you. You are likely to lose this and should have appealed and won at POPLA, as we do. At least you say you aren't bothered about a CCJ but are you ever planning to move house/get any credit at all?

Umkomaas

At least you say you aren't bothered about a CCJ but are you ever planning to move house/get any credit at all?

.... or change your mobile phone contract? An unsatisfied CCJ can have serious consequences.

grahamcaley

Coupon mad I can still appeal by adr by popla? I'm reading the pranksters guide....and the court will be near Gatwick as that is where the hotel was. I'm on it......I'm doing whatever I can do.....it's easier to just ignore stuff ya know.....going through a marriage break up and custody battle isn't helping!

4consumerrights

grahamcaley wrote: »

Coupon mad I can still appeal by adr by popla? I'm reading the pranksters guide....and the court will be near Gatwick as that is where the hotel was. I'm on it......I'm doing whatever I can do.....it's easier to just ignore stuff ya know.....going through a marriage break up and custody battle isn't helping!

You really are still procrastinating on this issue and worrying about the court allocation which comes later. The court will be near your home/work you name it. (Unless you live near Gatwick??)

You are past the appeal stage.

If you want the request the matter be dealt with by the ADR appropriate in this case then I would suggest you add this to the initial defence. (you can also write to the court directly).


You really need to get your skates on here - I have not seen the parking charge notice or the court claim form so cannot give specific advice


Bullet points to consider:

Non Compliance with POFA
ANPR Accuracy
No Contract with Landowner- Insufficient Locus
Hidden Terms in Site Specific User Manuals granting Exemptions
Genuine Patronage
Hidden terms contravene statute legislation - unfair terms
Non compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR) enacted on 13 June 2014. - if applicable in this instance...
Inadequate signage -no contract with driver
Signage/Terms/ Systems/charge fail to comply with Code of Practice and KADOE contract
Signs/ANPR systems fully comply with planning consents
Case distinguishable from Beavis because of x, y , z.....
Request the matter be dealt with the appropriate ADR available to save costs - that is with POPLA. Request a valid POPLA code supplied.
State by using POPLA this will mitigate both parties' costs in this matter and it is a legal requirement in such cases to mitigate any costs.