Parking eye court claim form

Quentin

grahamcaley wrote: »

...and the court will be near Gatwick as that is where the hotel was. .....

If it ends up in a court hearing then it will be at your choice of court (assuming you are not unreasonable in your choice), not the claimant's.


A hearing is a long time down the line yet, and before then you will be asked to select the court you want (and give your reason for your choice). (Most defendants want it at their local court)


So don't let the thought of a court near Gatwick put you off submitting a defence.


Assuming the claimant is on the ball they will apply for a judgement in default the day after the deadline. You need to make sure your defence arrives prior to their application for a judgement in default, and the only way to definitely thwart this is to be sure you meet the deadline.

4consumerrights

Quentin wrote: »

Assuming the claimant is on the ball they will apply for a judgement in default the day after the deadline. You need to make sure your defence arrives prior to their application for a judgement in default, and the only way to definitely thwart this is to be sure you meet the deadline.

Agreed the only way to thwart a default judgment is to meet the deadline.

Do not give false information that "a defence can be submitted prior to their application for a default judgment" as this clouds the issue.

You can bet your bottom dollar that Parking Eye will be over this one in a rash........

They do employ people specifically to monitor and read the forums you know.

Quentin

4consumerrights wrote: »

Do not give false information that "a defence can be submitted prior to their application for a default judgment" .....

Wrong.


(And what gives you the right to tell other posters what to do and not do?)

4consumerrights

Quentin wrote: »

Wrong.


(What gives you the right to tell posters what to do and not do?)

And are you willing to indemnify the OP if he submits his defence late on the basis that "the claimant may not have applied for the default judgment" and the consequences and actions of Parking Eye?

Again what you post or don't post is up to you - however don't expect people to agree with you when you post incorrect/misleading or unhelpful information

However, this still resorts back to the question of

What is your experience in dealing with these parking charges?

I see you did not answer the earlier questions and I cannot recall or find one appeal you have assisted with...

salmosalaris

I think this is becoming a little pedantic .
Submitting a defence before the 28 day deadline ( presuming earlier acknowledgment) or submitting a defence before the Claimant can apply for a default judgment is ostensibly the same thing.
Much more sensible IMO to advise those less au fait with the court system with actual dates though

For MCOL claims they must acknowledge the claim within 19 days of the Issue Date on the form and submit their defence ( which MUST contain all points of defence) within 33 days of the Issue Date .

Guys_Dad

Quentin wrote: »

Wrong.


(And what gives you the right to tell other posters what to do and not do?)

You were correct about the claimant being able to put a holding acknowledgement of service to get time to assemble his defence, although the form is a tick box rather than a space for writing "A simple defence along the lines of "the defendant denies owing the claimant any money" is all that is needed." A point of detail, though that didn't void your intended advice.

It appears that off-forum, some advice had previously been given to him and there is some worry that he is dithering a bit, so that is why other regulars are geeing him up.

But now, it's not about winning an argument - it's about the OP doing all possible to win his case and not getting a default.

grahamcaley

4consumerrights Thanks

It says on the claim form what I was in breach of and the place etc etc then it gets to signage and it says

'the signage, clearly displayed at the entrance to and throughout the carpark'

Now there was no signage at the entrance. I have checked the bpa code of conduct appendix b about signage and it says along the lines of you must have a sign at the entrance,and if there are,reasons that it is not practicable (which I can't see a reason why it is not) or desirable (hmmm maybe) they have to ask bpa to ammend their sign or to not have one.

As it says clearly on the claim form that it is clearly displayed at the entrance (it is not.....some distance inside) would this lead me to believe they have not asked for permission?

And Would this be mitigation or legitimate reasons? There is no sign at the entrance but there is throughout the car park however it was at night and some of the lighting was faulty. I have taken pictures of these. I'm not sure what I could use for my defence?

Quentin

4consumerrights wrote: »

?

Again what you post or don't post is up to you - however don't expect people to agree with you when you post incorrect/misleading or unhelpful information

However, this still resorts back to the question of

What is your experience in dealing with these parking charges?

...

You cannot wrongly accuse posters of posting incorrect information and expect it to pass without retort.


The info regarding county court procedure over judgement in default was correct, though you ignorantly posted it was false.


It makes no difference who the claimant is! You cannot get a judgement in default if the application has been made after a defence has been submitted.


Though my point to the OP was that they can only be sure to avoid their case being dealt with as a "default" was by submitting a defence within the allotted time scale

4consumerrights

Quentin I suggest you read the whole thread very carefully again and look at what was being said.

The discussion was not about any times for default judgments and you also misquoted my post regarding that matter where I said the OP needed to get his skates on to submit a defence.


You obviously didn't read the whole thread and your advice was was absolutely appalling to suggest the wording you offered.

"A simple defence along the lines of "the defendant denies owing the claimant any money" is all that is needed."

4consumerrights

@ OP - you are not submitting any mitigation - you are submitted a pleaded defence as to why you are not liable.

A contract cannot be created without the criteria:

Intent to create legal relations
Offer/ consideration/Acceptance of terms.

No signage "the contract" cannot be formed if not visible / seen on the date in question.

In the earlier bullet points you should also add a challenge to the solicitors costs in the claim form.