parking Eye defence now complete - please check

KeithP

But surely you have a record of everything you have returned to the County Court Business Centre?

Why have you not answered my question...

I guess you received the Claim Form. What did you do with it?
Did you write anything in the Defence and Counterclaim box when returning it?

It is difficult to say whether your proposed Witness Statement is suitable without knowing what has been filed as a Defence.

You say "...don't remember doing a Questionnaire" - that was the form where you chose your local court for a hearing and opted for mediation - ring any bells?

You say "...certainly haven’t filed a defence".
HM Courts and Tribunals Service thinks otherwise.

Jlbourne

No record
This has all hapoened at the same time as me having a baby. I havent been the most organised

I dont recall receiving a claim form. This whole thing has been overwhelming i have clearly made a lot of mistakes
Is there any saving it now?

Is there anyway to see what hm courts have as my defence?

Redx

your defence was filed before 14th june to the MCOL CCBC in Northampton, who then sent you a DQ asking to be filled in and naming your local court in your reply

seems you are at the witness statement stage, not defence stage, that ship sailed months ago

maybe they will email it to you if you ring them (a bit like a SAR), plus ask when the DQ was sent out and when they received it back WITH YOUR LOCAL COURT DETAILS ON IT ?

email PE enforcement and ask them for copies (include a copy of your V5C log book as proof of ID), again like a SAR for all their docs etc, email their DPO a SAR too, tonight , for all docs and pics and data, including a copy of your defence in their reply to your SAR, again include a copy of the V5C as proof of ID

Jlbourne

This is something that was submitted online. I thought this was an appeal? Maybe this was the defence

I have been an NHS worker at xxfor the last
10 years and have always worked hard for the community I serve
locally which includes Xxx. I moved to Xxx in February
2017, when the Xx car park, now managed by Parkingeye
Ltd was a open air car wash which I used to use often and park in
regularly with no issues at all to go and do my shopping on the
high street. I had no idea it had been taken over only relatively
recently by Parkingeye Ltd, or I would never have gone in
there. The signage that this was owned by this company which is
known to issue unfair and disproportionately high fines, was not
obvious to me for reasons I will explain below. The car park is
adjacent to the Railway Tavern Pub on the corner of the high
street and I thought it had merely been taken over by the pub once
more. I was not to know that Parkingeye Ltd had taken over
management.

I was 30 weeks pregnant at the time and in the car with my 1
year-old girl and my 5 year-old boy when I came over very unwell
and nauseous and vomited everywhere in the car. I know the area
very well and live only around half a mile away from where this
happened and am aware that the whole of the main road has double
yellow lines with fast-flowing traffic. I pulled over into the
Railway Tavern car park to be safe and move out of the way of the
traffic for mine and my children's safety as well as oncoming
traffic to avoid an accident. I did not see any signage to inform
me that this was a private car park. Certainly it was not obvious
to me at the immediate time and in the unwell and flustered state I
was in at the time and I did not see any signs. My young children
were extremely distressed by my violent vomiting which came on
quite suddenly and I needed time to console them, to clean up the
car and to call my partner. I composed myself and left the car
park finally. I have suffered with polyhydramnios in this
pregnancy and have required regular monitoring by the
Obstetricians and Foetal Medicine Consultants at Xx
Hospital needing regular blood tests and scans with more intensive
monitoring and have been unwell because of this.

My baby son is now less than two weeks old and this claim has come
out of the blue. I have not received and letters up until now in
the prelude to this, therefore this is a shock. We are very
stressed at this difficult time which should be cherished and
special but this situation is causing a great deal of stress in an
unfair and unreasonable way. I hope that you can take into account
these mitigating circumstances and please understand that the
situation could not be helped and was an emergency. I am very
sorry but a fine of £175 is excessive and completely unfair
especially as it is out of the blue. Thank you for considering
this statement of mine and I hope that a fair conclusion can be
reached.

Jlbourne

I have Parking eyes documents all included in their witness statement

Redx

seems to me that the above is your defence filed with the CCBC in Northampton

reading it , its a witness statement, not a defence

you are now at the WS + Exhibits stage if you have a letter from your local county court ? with a deadline day, a few weeks prior to the hearing date


in the bundle from PE, did it include your defence that you filed with the CCBC back before june ?


edit


REMOVE YOUR PERSONAL DETAILS LIKE VRM vehicle details from your proposed defence above in post #7

Jlbourne

Yes this is where i have got confused
Yes i have a letter saying all documents need to be sent 14 days before hearing

The bundle from PE did not include my defence
This statement i submitted 1st march

Where should i go from here?

Should i rename the above my WS and submit it?

Redx

[QUOTE=Jlbourne;76091101


1. The Defendant was the registered keeper and driver of vehicle registration number XXXXXXX on the material date. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.


15. The Defendant has the reasonable belief that the Claimant has not incurred £75 costs to pursue an alleged £100 debt. The Protection of Freedoms Act 2012, in Schedule 4, Para 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100.

[/QUOTE]


I edited out your VRM, you must do so too


they are allowed the £100 for the parking charge default tariff plus the legal costs of £75 = £175 in total

ie:- they can claim the £100 default on the signage plus their legal costs , so they havent added anything else on other than what is allowed


that DEFENCE cannot just be relabelled as WS


it needs pruning and adapting

Jlbourne

Thanks
Didn’t think of that, i have taken it out
How would you suggest i adapt it?
I will remove that paragraph as i have clearly misunderstood That too. What a mess i have created

Jlbourne

Also do i still request a SaR or is it too late?
Should i just adapt the above in to a witness statement?

Any suggestions on how to do so?

Sorry to be a burden but i am panicking and have no time to do this. I will need to complete this tonight