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County Court Claim Form **URGENT**
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hannah141
Posts: 12 Forumite
I have just found a county court claim form from parking eye for overstay in a car park and I feel a little bit sick!
The scenario: ordered pizza, parked up, called friend (staying in car) while waiting for pizza, then picked up pizza and left. ANPR zapped me. 20 minute max stay, I stayed for 36 minutes, completely unaware. Original fine for overstay: £100. 20/9/18
Amount claimed: 100.00, court fee: £25, legal rep costs: £50, total: £175.
I have ignored all correspondence and have made no contact thus far.
Date of issue 14/1/19. I must respond to this claim form within 14 days of the day of service (taken as 5 days after the issue date). HELP!
I have read the newbies thread in my heightened state but would like to check a few things.
I can pay, so if I do, is that it and the end of it completely? I know that's probably not what people on here want to hear as it's suckers like me that keep these companies going.
Is there little point in paying at this stage? As in, even if it goes to court with my defence, and I lose, I will pay no more than £175 and still get no CCJ?
I am so grateful for your support and advice. This really is starting to worry me.
If it goes to judgement, what is actually needed from me? Do I have to employ a solicitor? Do I have to attend court in person etc?
The scenario: ordered pizza, parked up, called friend (staying in car) while waiting for pizza, then picked up pizza and left. ANPR zapped me. 20 minute max stay, I stayed for 36 minutes, completely unaware. Original fine for overstay: £100. 20/9/18
Amount claimed: 100.00, court fee: £25, legal rep costs: £50, total: £175.
I have ignored all correspondence and have made no contact thus far.
Date of issue 14/1/19. I must respond to this claim form within 14 days of the day of service (taken as 5 days after the issue date). HELP!
I have read the newbies thread in my heightened state but would like to check a few things.
I can pay, so if I do, is that it and the end of it completely? I know that's probably not what people on here want to hear as it's suckers like me that keep these companies going.
Is there little point in paying at this stage? As in, even if it goes to court with my defence, and I lose, I will pay no more than £175 and still get no CCJ?
I am so grateful for your support and advice. This really is starting to worry me.
If it goes to judgement, what is actually needed from me? Do I have to employ a solicitor? Do I have to attend court in person etc?
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Comments
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Date of issue 14/1/19.
Having done the AoS, you have until 4pm on Monday 18th February 2019 to file your Defence.
That's four 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 suggested here:-
Print your Defence.
- Sign it and date it.
- Scan the signed document back in and save it as a pdf.
- Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
- 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'.
- Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
- Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
- Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
0 - Sign it and date it.
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I can pay, so if I do, is that it and the end of it completely? I know that's probably not what people on here want to hear as it's suckers like me that keep these companies going.
Is there little point in paying at this stage? As in, even if it goes to court with my defence, and I lose, I will pay no more than £175 and still get no CCJ?
If it goes to judgement, what is actually needed from me? Do I have to employ a solicitor? Do I have to attend court in person etc?
Hi KeithP, thanks for your help. Can you please advise on my other questions?0 -
You have plenty of time. Do not pay anything to anyone.
Someone will answer those questions in the morning.
First things first... do the AoS as described above - you've even got two weeks to do that - ten minutes work - no thinking needed.
And remove **URGENT** from your thread title. It isn't.0 -
You don't need a solicitor and yes it would go to your local county court0
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Date of issue 14/1/19. I must respond to this claim form within 14 days of the day of service (
What you have there is a begging letter from a debt collector, it is not a letter before claim from a solicitor. Pay no-one anything unless a judge so orders. They are scammimg you.
It is the will of Parliament that these scammers, (very often former clampers), be put out of business.
Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.
This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.
Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct
The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.
Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.
All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.
, theYou never know how far you can go until you go too far.0 -
I have ignored all correspondence and have made no contact thus far.Amount claimed: 100.00, court fee: £25, legal rep costs: £50, total: £175.
Is there little point in paying at this stage? As in, even if it goes to court with my defence, and I lose, I will pay no more than £175 and still get no CCJ?
Nearer the time you could try to negotiate with PE for an out of court settlement. £60 seems to be around the tipping point. They have already paid the court fee of £25, plus there's the cost of obtaining your data from the DVLA and the cost of (ignored) correspondence - so you're not likely to get it too much lower. Some have gone in with an initial offer of £30, then worked from there. Negotiating skills will need honing!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
Hi everyone and thank you so much for you help.
I've read the SAR section in NEWBIESThe exception is PARKINGEYE.
If you get a LBCCC from ParkingEye, do send a SAR using the form on their PRIVACY page if you feel you are missing evidence (such as the VRN list from any PDT machine, and a copy of the sign) but also email their litigation team if there is anything else you wish to say that could stop the claim:
Am I too late to request a SAR? Or will it still be useful for me when building a defence?0 -
Send the SAR today. You may need the information it contains for your witness statement.0
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SAR sent, thank you. I will update when I receive a response. With it being ANPR, there was no yellow sticker, no VRN list either. I suspect the data they hold to be limited.0
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or within 4 weeks, as the clock is ticking0
This discussion has been closed.
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