County Court - Claim form received

LittleBiker5

I checked on MCOL - The last status was when I sent in my defence on the 20th June.
So no, a DQ has not yet been sent.

Le_Kirk

1) 16 page defence from PE which addresses the points in my defence (7 pages) then loads of detail about won cases by PE (11 pages)

I don't think that the claimant has to send a defence unless you filed a counterclaim? Is it perhaps your data that you asked for as part of a SAR submission or is it an early witness statement, although if there has not been a DQ issued yet, I don't think it is that.

B789

LittleBiker5 said:

Even though I supplied photos of both payment machines showing that they were out of order, their defence claims that there was no evidence to suggest that both payment machines were not working on this site on the date of the parking event. I may have to pop by there and see if the machines are working now.

Whether they are working now is irrelevant. If you have photos of the machines being out of order, do you have the metadata from the photos in order to prove they were taken on the date in question or do the machines show the date on the screens?

LittleBiker5

Le_Kirk said:

1) 16 page defence from PE which addresses the points in my defence (7 pages) then loads of detail about won cases by PE (11 pages)

I don't think that the claimant has to send a defence unless you filed a counterclaim? Is it perhaps your data that you asked for as part of a SAR submission or is it an early witness statement, although if there has not been a DQ issued yet, I don't think it is that.

No I didn't file a counterclaim, and I didn't submit a SAR. I feel like they are bullying me by sending this to me and sending nothing to the court.

LittleBiker5

B789 said:

LittleBiker5 said:

Even though I supplied photos of both payment machines showing that they were out of order, their defence claims that there was no evidence to suggest that both payment machines were not working on this site on the date of the parking event. I may have to pop by there and see if the machines are working now.

Whether they are working now is irrelevant. If you have photos of the machines being out of order, do you have the metadata from the photos in order to prove they were taken on the date in question or do the machines show the date on the screens?

I have photos of both machines which include the Metadata.

In the first machine photo, it shows the complete machine and you can read 'Wye Valley Visitor Centre' on it. However, there is a notice printed on A4 paper stuck over the screen that says 'Machine not working. Please use machine on opposite side of car park'.
On machine 2, it shows the date and time on the screen, and also on the screen it says 'Out of service - Please use another machine'.

B789

LittleBiker5 said:

No I didn't file a counterclaim, and I didn't submit a SAR. I feel like they are bullying me by sending this to me and sending nothing to the court.

In this case, you have received a copy of the claimant's WS. This will have also been filed with the court.

Your photos will be great evidence to submit with your own WS.

Le_Kirk

They (PE) are way early with their WS, the CCBC hasn't even issued the defendant (OP) with a DQ yet!

Coupon-mad

Then it's a "Reply to Defence".

Not a WS bundle.

The OP should respond with their 2 photos with metadata, and tell PEye to discontinue and concentrate on replying to the DLUHC's call for evidence instead of ignoring this evidence!

LittleBiker5

Coupon-mad said:

Then it's a "Reply to Defence".

Not a WS bundle.

The OP should respond with their 2 photos with metadata, and tell PEye to discontinue and concentrate on replying to the DLUHC's call for evidence instead of ignoring this evidence!

Thank you - Shouldn't everything be going through MCOL? Meaning, I have PEye's reply to my defence but nothing is showing on MCOL.
I'd like to follow your advice, but how do I respond as you have suggested, unless it's direct to PEye (bypassing MCOL)?

Coupon-mad

Just email PE.  MCOL is an irrelevant gateway.

enforcement@parkingeye.co.uk

USE MY WORDS. I wasn't joking.