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Court claim for parking fine

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
5 replies 709 views
zeh004zeh004 Forumite
20 Posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Apologies if posted in the wrong forum - in summary:

1. I recently got a ccj overturned due to the fact that I didnt know anything about it until I done a credit check
2. Parking Eye have resent an N1 form and particulars of claim - I dont have any evidence about the parking fine

How best to deal with and do I deal within the small claims court or should I be appealing the ticket directly with parking eye?

Your advice greatly appreciated.

Replies

  • edited 30 January 2016 at 10:45PM
    catfuntcatfunt Forumite
    624 Posts
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    edited 30 January 2016 at 10:45PM
    Have you read the NEWBIES thread yet?

    No point in appealing to PE if they've issued a court claim.

    Google "Parking Prankster" and look for his guide to defending a PE court claim which you can download for about the price of a cup of coffee at Starbucks. The "Not a GPEOL" issue may be hard to defend, but hard to judge until we have more info about your case... but there are other points of law you can defend on.

    You could also ask for the case to be stayed (to save court time and costs) so that you can get the case referred to the "industry" arbitration service POPLA - if you previosuly received no paperwork whatsoever, then that process was denied to you.

    If you succeed in getting a stay for a POPLA appeal, then that would be a decent result, as with help on here, a POPLA appeal is perfectly winnable.

    Do a search on this forum for "Parking Eye Court Claim" to see other similar cases.

    By the way... It's not a fine, it's an invoice!

    Is this a case where they sent all NTK, reminder letters and court papers to an old address of yours?
  • hoohoohoohoo Forumite
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    What was the site, the contravention and date of parking event?
    Dedicated to driving up standards in parking
  • edited 31 January 2016 at 12:54AM
    QuentinQuentin Forumite
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    edited 31 January 2016 at 12:54AM
    zeh004 wrote: »
    Apologies if posted in the wrong forum - in summary:

    1. I recently got a ccj overturned due to the fact that I didnt know anything about it until I done a credit check
    2. Parking Eye have resent an N1 form and particulars of claim - I dont have any evidence about the parking fine

    How best to deal with and do I deal within the small claims court or should I be appealing the ticket directly with parking eye?

    Your advice greatly appreciated.
    It's too late to appeal the ticket with the Claimant (PE)!


    You must now deal with the court, otherwise your set aside will have been a waste of money (if you end up with another CCJ you won't be able to claim you knew nothing about it ) - acknowledge the claim straight away which will give you an extra 14 days to get your defence sorted.
  • edited 31 January 2016 at 3:50AM
    HO87HO87 Forumite
    4.3K Posts
    edited 31 January 2016 at 3:50AM
    As Quentin has said you must acknowledge the claim as quickly as possible either using the form included with the pack or using the instructions for acknowledging the claim online via Moneyclaimonline (MCOL). PE tend to issue their claims via MCOL.

    If you are going to acknowledge the claim online (using the log on and password supplied on the papers) then you will need to create a Government Gateway ID first if you don't already have one. If you haven't then go here first.

    Once you have logged on to MCOL then select to acknowledge service of the claim and - if you are willing and prepared to do so - opt to defend the whole of the claim. Do not opt to submit your defence at this time - you have 28 days (once you have acknowledged service) to submit that or - if you feel that it may be quicker and preferable to do so pay PE. That will deal quickly and easily with the potential of the CCJ being effectively reinstated. No one here is going to think any the less of you if you opt to settle.

    If you decide to defend the matter then this will require some hard work on your part and a considerable amount of reading. As starter to understanding what you will need to do I suggest you go to Amazon and search for the Parking Prankster. He has produced an e-book on how to defend PE cases. It is slightly out of date - as it misses the Beavis case - but is still a good guide to the various stages of the small claims court process and other stunts that PE are likely to pull. There are enough other resources to guide you on the relevance or otherwise of Beavis to your own circumstances.

    If you knew nothing about the previous CCJ would I be right in suggesting that you did not have have any knowledge of the original parking ticket? If so then it would be wise to make a Part 31 request of PE - as quickly as possible - for them to supply copies of all the relevant documents. There is a narrow window within which you can make such a request and it must be made before the case is formally allocated to the small claims track.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • QuentinQuentin Forumite
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    HO87 wrote: »
    ...you have 28 days (once you have acknowledged service) to submit .....
    The 28 days you get to submit a defence if you acknowledge the claim is from the date of service of the claim (not the date of acknowledgement).


    The date of service is 5 days after the date of issue shown on the claim form.
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