Help needed for court Defence against ParkingEye for unfair PCN

D_P_Dance

ParkingEye are perhaps one of the few PPCs who "risk assess" their claims.  My wife collected three from them in less than five years,  All cancelled on appeal.

Rich_the_owl

UPDATE - This may not be fully closed

I did contact the Court to check that they had received the Notice of discontinuance form from the Claimant but they said they have not and as far as they're concerned the Claim is still going ahead.

The date on the Notice of discontinuance form and letters is November 8th, so 3 weeks ago now and the Court say they do not have a backlog to catch up on.

I conclude one of the following:

1. The letter with the Notice of discontinuance form from ParkingEye to the Court has got lost in the post

2. ParkingEye intentionally sent me a phoney copy with no intention of sending it to the Court in the hope that I would not take any more action from that point onwards meaning I don't send in my N159 response to say I don't want the hearing to be on the Papers alone nor any supporting documentation for the case (Witness Statement etc.)

Am I being too cynical to think they could intentionally do Option 2? Would they really do something like this based on other peoples experience?

Actions I have taken:
1. Emailed the Court (as they requested when I spoke to them on the phone) with photo copies of the Notice of discontinuance form I received from ParkingEye + I have requested an extension to the deadline of sending back the N159 form to not agree to a hearing on Papers alone (Since I missed this deadline as I was informed the case was closed so I didn't send anything back).

2. Emailed ParkingEye to ask if they actually sent the Notice of discontinuance form to the Court and basically to get in contact with them to sort. Also told them I will be taking Legal Advice if it turns out they do want to proceed with this case (given they'd already sent me a form to say they wanted it cancelled.


Any further help and advice on this would be greatly appreciated? Especially from a Legality point of view. I don't believe the Court can do anything unless they have actually received something from ParkingEye; but I would hope they wouldn't look too favourably on them given the information I've shared above.

Jenni_D

Whilst it has been known from other PPCs, it's not something usually associated with ParkingEye. I suspect this has been a genuine fubar rather than a malicious act.

It looks like you've taken the right courses of action.  

D_P_Dance

2. ParkingEye intentionally sent me a phoney copy with no intention of sending it to the Court 

That seems most unlikely, that could lead to a severe sanction.  

KeithP

Rich_the_owl said:

Actions I have taken:
1. Emailed the Court (as they requested when I spoke to them on the phone) with photo copies of the Notice of discontinuance form I received from ParkingEye + I have requested an extension to the deadline of sending back the N159 form to not agree to a hearing on Papers alone (Since I missed this deadline as I was informed the case was closed so I didn't send anything back).

I think I would've sent the email that you have, but also attached a completed N159.

Rich_the_owl

Thanks for your responses. I was actually thinking of signing and sending the N159 form too. I am planning to sign and send a picture of it to the court; and then send a signed copy in the post to the Court and to ParkingEye.

Will keep my fingers crossed that the Court receive something soon that confirms ParkingEye want to cancel the Claim

Rich_the_owl

Hi all,

I am 99.99% sure this will be my last post on my thread. I just wanted to inform you all that I got confirmation from the Court that the Claim has been dismissed by the Claimant and there is no further action required

Thanks again for all the help and advice provided on this thread, wouldn't have been able to do this without it!

Le_Kirk

Excellent outcome for you.

Coupon-mad

Very good.  ANOTHER ONE BITES THE DUST!

D_P_Dance

Thet have wasted your time, now consider wasting theirs  Read this

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/