Missed the appeal and given 14 days to pay up

Coupon-mad

Diaz13 said:

What are the odds of them winning? 

Errm.  The NEWBIES thread tells you.

Diaz13

Thanks, I read the threads so looks I'm going to Court. I have filled out the DQ but wont send it until I am asked to.

I was curious as to whether PE ever at this stage backs down or do they intend to follow through? Surely if most defendants tend to win then PE would back down and avoid this extra cost? or is it seriously looking like its going to 50/50? 

ps. never attended a court in my life!

Coupon-mad

Nor has anyone posting here. 99% win.

Diaz13

Hello, so today I received PE's reply to my defence and in that they have said that they invite the defendant to provide evidence at my earliest convenience (this is the email I have from the store manager saying the charge should be rescinded).

But further on they state they will not respond or acknowledge any further defence unless I have had this approved by the court! They want me to submit a N244 form and pay the relevant fee to amend my defence. 

So just wondering what do I do here?

In addition I have received a copy of their Directions questionnaire but I have not had a request to file mine yet.

So just wondering what do I do here?

Coupon-mad

You are entitled to send the Claimant evidence without asking the court for permission.

Just email PEye a copy of the email from the store manager and tell them there's clearly no legitimate interest in pursuing this one. 

Add that you WILL NOT accept their usual offer to settle at £70, so don't bother to send that tired old standard letter talking about 'new evidence coming to light'. Cancel and discontinue or I'll see you at the hearing.

enforcement@parkingeye.co.uk

Claim number and PCN number in the heading.

Proof of landowner email attached.

Diaz13

Brilliant thanks I will send this off now. Just out of curiosity I was wondering whether I should have received the Directions Questionnaire by now? Seems odd that PEye have had one but I haven't?

KeithP

Diaz13 said:

Brilliant thanks I will send this off now. Just out of curiosity I was wondering whether I should have received the Directions Questionnaire by now? Seems odd that PEye have had one but I haven't?

Nothing 'odd' about it. Happens all the time.
PE probably haven't received their DQ from the CNBC.
Almost certainly their computer has reacted to the receipt of your Defence by churning out that form just to keep the pressure on you.
Item 7 in that checklist you were once following explains this.

Wait patiently for your DQ direct from the CNBC to drop through your letterbox.

Diaz13

So PE never replied back to me after I sent them the letter from the retailer. Just received my DQ which I will send off today. 

I saw on a post somewhere under D1 on the form to state the following which I now can't find in the thread, just wanted to check this is still ok to use:  The Defendant opposes the Claimant’s request for special directions, and requests that the case be listed for an oral hearing at the defendant’s home court, pursuant to CPR 26.2A(3)”.

Additionally, can I please double check that I can email this form directly to PE? Can I cc them in enforcement@parkingeye.co.uk when I send my form to CNBC?

Many thanks

Coupon-mad

They didn't make a request for Special Directions.

Diaz13

Can I use this then: "I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly that I need a voice at an attended hearing. I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions."