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Parking Eye Court Claim Form - Please help
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hurtbuyer
Posts: 96 Forumite
Hello All
As you can imagine I am looking for help.
My partner is a member of staff in the University Hospital of Wales, Cardiff. Some of you might know that parking was made free from 1/6 this year but management was handed over to Parking Eye using ANPR :mad:! Parking for staff is worse than before.
So rule is that if you are staff, you can park in your allocated staff zones without time limits. If you are a visitor you can park for upto 4 hours. If you need to stay more than 4, then there are places within the hospital where you can add 4 more hours by explaining the reason.
She ended up parking in a visitor car park. We received the PCN via post in my name as the car is registered in my name. I took the cavalier attitude and ignored all letters as that approach was successful previously when the car park was managed by Indigo (6 letters and then they disappeared).
Anyway, I received the Claim form from the County Court Business Centre in Northampton dated 9/11. They are asking for £145 - £70 claimed, £25 court fee, £50 Legal rep's cost)
If I understand correctly, is it right that I should deny the claim through moneyclaim.gov.uk and then submit a defence. If they do decide to go to hearing stage, I may be asked by the judge to pay the £145 or less but no more - if that happens and I pay within 30 days, nothing happens to my credit history, no mention at all.
Am I also right that upon denying the claim, they may decide not to go to hearing.
I will appreciate any advice and help with preparing a defence.
Kind regards.
As you can imagine I am looking for help.
My partner is a member of staff in the University Hospital of Wales, Cardiff. Some of you might know that parking was made free from 1/6 this year but management was handed over to Parking Eye using ANPR :mad:! Parking for staff is worse than before.
So rule is that if you are staff, you can park in your allocated staff zones without time limits. If you are a visitor you can park for upto 4 hours. If you need to stay more than 4, then there are places within the hospital where you can add 4 more hours by explaining the reason.
She ended up parking in a visitor car park. We received the PCN via post in my name as the car is registered in my name. I took the cavalier attitude and ignored all letters as that approach was successful previously when the car park was managed by Indigo (6 letters and then they disappeared).
Anyway, I received the Claim form from the County Court Business Centre in Northampton dated 9/11. They are asking for £145 - £70 claimed, £25 court fee, £50 Legal rep's cost)
If I understand correctly, is it right that I should deny the claim through moneyclaim.gov.uk and then submit a defence. If they do decide to go to hearing stage, I may be asked by the judge to pay the £145 or less but no more - if that happens and I pay within 30 days, nothing happens to my credit history, no mention at all.
Am I also right that upon denying the claim, they may decide not to go to hearing.
I will appreciate any advice and help with preparing a defence.
Kind regards.
0
Comments
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The best advice and guidance for you can be found in post #2 of the NEWBIES FAQ sticky thread.
With a Claim Issue Date of 9th November (is that right?), you have until Wednesday 28th November 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 FAQ sticky thread.
Having done the AoS, you then have until 4pm on Wednesday 12th December 2018 to file your Defence.
That's three 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 described 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) Wait for your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.0 -
Many thanks for your prompt response.
Yes, the date on the claim is 9th November. I read that post before I posted - wonderful help for newbies. I thought that the advice on that was to post here and ask for help with the defence. I will ofcourse complete the AoS. Any thoughts on what I can use in my case as defence.
Also am I correct on the things that I mentioned that might happen. I am just worried that I not do anything that touches my credit file.
Many thanks again.0 -
I'll not answer all your questions, but just reassure you that nothing will affect your credit status unless you fail to follow the process.
In other words, you need to actually be taken to court, and you need to lose the case, and you need to fail to pay what the judge tells you to pay in the time limit imposed before your credit status is affected.
To put it another way... whether or not your credit status is affected is entirely within your control.0 -
I'll not answer all your questions, but just reassure you that nothing will affect your credit status unless you fail to follow the process.
In other words, you need to actually be taken to court, and you need to lose the case, and you need to fail to pay what the judge tells you to pay in the time limit imposed before your credit status is affected.
To put it another way... whether or not your credit status is affected is entirely within your control.
Just the answer I was looking for - much appreciated, thank you!
No idea where to start on the defence.0 -
post #2 of the NEWBIES FAQ STICKY THREAD, thats where
start by looking at all the BARGEPOLE DEFENCES posted this year etc
LOOK AT ALL HIS RECENT POSTS IN THE LAST FEW MONTHS TOO
also look at any other PE defences or ongoing court case threads on here as well
research is the key
once you have a draft defence, post it for critique
until you post it, you wont get any help with it, because you wont have posted it , capiche ?
its post first, critique later (same as you see in those threads where BARGEPOLE has commented and helped to hone them)0 -
Got you - will be back as soon as I can get it written up. Thank you.0
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I took the cavalier attitude and ignored all letters as that approach was successful previously when the car park was managed by Indigo (6 letters and then they disappeared).
THIS ISNT TRUE AT ALL
The cases went to court and many staff were hit with large judgments, it was on tv, in the papers etc (July 2017)
https://www.walesonline.co.uk/news/health/we-sell-family-home-nhs-133444440 -
THIS ISNT TRUE AT ALL
The cases went to court and many staff were hit with large judgments, it was on tv, in the papers etc (July 2017)
You are absolutely right there. My partner was not a defaulter in terms of payment - always paid the £1.05. Thing was that because of the parking pressures, staff used to create a long row of cars along the middle of a few surface car parks which never blocked anyone - it was almost acceptable practice. Occasionally the parking guy would come and slap one on every car. She probably got done about 8 times in 10 years. I think the ones that got taken to court were the ones that defaulted (didn't pay) on a regular basis.0 -
maybe so, but the threat of a court case doesnt go away until 6 years have elapsed when it becomes statute barred
if indigo go looking through all their cold cases (especially now that they have lost the contract), which they may do, you may well get an unpleasant surprise in the post, so you cannot say that IGNORE was successful until 6 years after the last INDIGO ticket
ie:- its a false statement to make, its just that PE are more on the ball than INDIGO having beaten BARRY BEAVIS 3 times in 3 courts, the last being the Supreme Court 2 years ago
what worries me is that you based your strategy with a PE ticket on the flawed premise of IGNORE like the INDIGO ones, on the flawed assumption that IGNORE makes them "go away", yet each and every outstanding pcn could still result in a court case and you must have been aware about the INDIGO versus staff court cases last year so should have been "on the ball" with this one
you cannot possibly draft a defence based on that assumption or premise because it was incorrect from the off. plus you did not appeal it and so did not take it to ADR at popla either
to answer one of your questions, it is EXTREMELY LIKELY that PE will go to a hearing, they have the BEAVIS case in their favour, so unless you can find a legal technicality to beat them with, you will likely lose
they are likely to have a landowner contract seeing as they recently took it on
they are likely to have good signage for the same reason
it is also likely that they got the pcn to you within 14 days and that it had the POFA warning on it0 -
maybe so, but the threat of a court case doesnt go away until 6 years have elapsed when it becomes statute barred
if indigo go looking through all their cold cases (especially now that they have lost the contract), which they may do, you may well get an unpleasant surprise in the post, so you cannot say that IGNORE was successful until 6 years after the last INDIGO ticket
ie:- its a false statement to make, its just that PE are more on the ball than INDIGO having beaten BARRY BEAVIS 3 times in 3 courts, the last being the Supreme Court 2 years ago
what worries me is that you based your strategy with a PE ticket on the flawed premise of IGNORE like the INDIGO ones, on the flawed assumtion that IGNORE makes them "go away", yet each and every outstanding pcn could still result in a court case and you must have been aware about the INDIGO versus staff court cases last year
you cannot possibly draft a defence based on that assumption or premise because it was incorrect from the off. plus you did not appeal it and then take it to ADR at popla either
I understand your point - I am not going to be stating the Indigo pattern in my defence though. I need to figure out a different line of defence. As far as I can remember all the ones from Indigo were from before last year's case - maybe 1 after but not any more. Hopefully Indigo won't dig them out!0
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