ParkingEye County Court Action - DW Gym Member

ateeq94

KeithP wrote: »

With a Claim Issue Date of 7th January, you have until Monday 28th January to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the Newbies thread

Having done the AoS, you have until 4pm on Monday 11th February 2019 to file your Defence.

That's nearly four weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

1. Print your Defence.
2. Sign it and date it.
3. Scan the signed document back in and save it as a pdf.
4. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6. Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
8. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Thank you for the advice. Lots of time. Have set lots of reminders so I dont miss this.

Le_Kirk

ateeq94 wrote: »

......will defnitely follow that and create a government gateway account and follow steps.....

You cannot afford to hang about, to create a gateway account part of it is by post, they send the USERNAME by post and then a password in a separate envelope ......... or at least they did when I did mine for tax purpose (admittedly it was several years ago now)

ateeq94

Le_Kirk wrote: »

You cannot afford to hang about, to create a gateway account part of it is by post, they send the USERNAME by post and then a password in a separate envelope ......... or at least they did when I did mine for tax purpose (admittedly it was several years ago now)

Ok thanks, I'll get onto it now. It's just a headache dealing with all of this. Especially considering its taken up my day so far researching and writing a defence, particularly as I won't be submitting a counterclaim.

I have fought PE several times before for my own charges, and had them cancelled. This is however the first time it has resulted in a County Court Claim, made even worse by the fact that I am not the keeper and so it's a big risk for me to see this through. Although I am safe in the knowledge DW gym did report it to them, and are happy to corroborate this. PE are sticking to their guns, and I do not know what the outcome of this court claim will be. a CCJ against a family member who is a mother to two young children... would be devastating to her, and I would feel extremely guilty. Hence, why I need this defence to be good enough to force them to withdraw.

KeithP

There need never be a CCJ against anybody - even if a court case is lost. If the case is lost, just ensure that the full amount is paid within a month and any CCJ vanishes.

Coupon-mad

I sent them a strongly worded letter explaining that the keeper of the vehicle is a mother of two children under 5 and is extremely distressed at the thought of her credit score being affected, or a CCJ being issued as she has a mortgage.

That's not what to say. That makes you sound like a victim. You won't get a CCJ.

Send an email to enforcement@ and show them the DW Gym email saying they asked several times for the charge to be cancelled, and show them this too:

I have a photograph of the DW staff member emailing PE (which I whatsapped to the Keeper for proof) This is date stamped so I have the exact date and time they would have received the email from DW.

Re-state that time and date of that photo and ask PE to require their Data Protection Officer to disclose the exchange of emails about this car/charge, under a SAR.

Only the registered keeper/Defendant should be writing these emails, is that you?

ateeq94

KeithP wrote: »

There need never be a CCJ against anybody - even if a court case is lost. If the case is lost, just ensure that the full amount is paid within a month and any CCJ vanishes.

So the worst case scenario is I would be expected to pay the £175 if I lose the case. It does state 'additional costs and interest may be added to the amount claimed if judgement is entered against you' given the sneaky, bullying tactic used by PE, I have a feeling they would no doubt take advantage of this as a way of increasing costs to £300+ at least.

Coupon-mad

So the worst case scenario is I would be expected to pay the £175 if I lose the case.

Yes, more or less.

PE do not get £300 for their cases and nor do they seek it. £175ish includes court fees of £50 and a bit for interest.

At most, a losing D v ParkingEye might be told to pay up to £200. No CCJ, nowt bad, and 30 days to pay.

But most here win...!

Do as I said above, get robustly in their faces now.

ateeq94

Coupon-mad wrote: »

That's not what to say. That makes you sound like a victim. You won't get a CCJ.

Send an email to enforcement@ and show them the DW Gym email saying they asked several times for the charge to be cancelled, and show them this too:



Re-state that time and date of that photo and ask PE to require their Data Protection Officer to disclose the exchange of emails about this car/charge, under a SAR.

Only the registered keeper/Defendant should be writing these emails, is that you?

Do I need to do that in a formal template? Or just send an email as mentioned above 'asking PE to require their Data Protection Officer to disclose the exchange of emails about this car/charge, under a SAR'

To answer the question about my role... I was under the impression from reading your previous posts on other threads and the Newbies thread I shouldn't make clear who I am or who the driver/keeper is on posts. Please confirm? Thanks

Coupon-mad

'asking PE to require their Data Protection Officer to disclose the exchange of emails about this car/charge, under a SAR'

Yes but spell out the ones you are particularly interested in.

The DPO is a completely different contact than 'enforcement@' and I would email BOTH, as you want to get in the faces of those doing the actual claim, to show they have no case.

If the PCN was one with a POFA paragraph on the back, then there is no benefit v PE in pretending the keeper wasn't the driver, if they were.

ateeq94

Coupon-mad wrote: »

Yes but spell out the ones you are particularly interested in.

The DPO is a completely different contact than 'enforcement@' and I would email BOTH, as you wan to gt in the faces of those doing the actual claim, to show they have no case.

If the PCN was one with a POFA paragraph on the back, then there is no benefit v PE in pretending the keeper wasn't the driver, if they were.

Is there an email address for the DPO, or do I still send it to enforcement@ ?

Also, as you say to get in their face - should I send the full argument or just the new points e.g. SAR for email exchange, as they may recognise the email and not read it all if I send the full arguments (I will post a copy of what I have so far)