Parking Eye - County Court Claim Form

Hi, just popping in, but not stopping.

Thanks to Coupon and other regular posters for keeping the 'balls in the air' :beer:

Just a few comments:

1 Their new template letter doesn't say anything more than the previous one - it is just scaled down and less aggressive.


2 I agree that, where possible, the RK should identify the driver (if different) and reset the POPLA clock

PLUS

3 pressurise the landowner to get the charge cancelled.

4 Where a charge has been cancelled and no court proceedings have yet been issued, their Without Prejudice letter can be safely ignored - no court is going to consider court action started AFTER the charge has been cancelled (but get the landowner to confirm the cancellation in writing).

5 I also like Coupon-mad's letter requesting a POPLA code etc

6 Other than that, you can just keep the correspondence flowing and continue building a file of correspondence for the court showing your efforts to be reasonable (and in the meantime cause PE more time, inconvenience, and expense) I suggest sending a letter along these lines (using your own words, and inserting paragraphs!)

'contrary to your assertions, you most certainly have not complied with the Practice Direction. Please note I consider your repeated and persistent refusal to comply with the Practice Direction to amount to an abuse of court procedure and I will have no hesitation in bringing your conduct to the attention of the court. [Nevertheless, in an attempt to progress this matter I must insist that, as a bare minimum, you tell me the basis of your client's claim (breach of contract, money due under a contract, trespass, or some other claim) and, if a contract claim, identify with whom and how I am alleged to have entered into the contract. I am sure that you will agree that this is a reasonable request, since it is totally unacceptable to expect me to hazard a guess as to what your claim might be, or to prepare a variety of defences in the hope of by some chance identifying the type of claim that I am required to defend. Further, please note that, regardless of whether or not you provide the requested information,] I shall be seeking the assistance of the court in explaining your client's obligations under the Practice Direction and requesting that the court make an Order staying any future proceedings under Paragraph 4, pending your client's full compliance with the Practice Direction.

(either include the bit in square brackets, or leave it out, depending on whether you want to continue to play footsie with them)

7 I also suggest that if you have 14 days to reply, you wait until close to the end of the 14 days... only because to reply earlier will speed up the next instalment.

I expect to be back around mid-September, but I will check in when I can.

Daisy x

Several people are here complaining they are being taken to court, I've gotta say a defence doesn't seem abundantly clear despite the advise to ignore them being promoted by members here

That is because it is not posted up for Parking Eye to see, but seek it and you shall find it.

Green_Diamond wrote: »

I have also ignored all the letters and got a court letter. Particulars of claim states Notice under the protection of freedoms act 2012 has been given under Sch 4, making the keeper liable. So does that mean that even though I was not the driver I still have to pay?
Also if they have spelt the name wrong can you have it struck out?

Of course the keeper is potentially liable - why did you ignore this when the advice changed over a year ago and PE sue people every week?! Doesn't mean it would be a good plan to just pay like some numpty though - in fact it would be daft to pay in full at this early court papers stage IMHO. Several options - reading required!

You appear to have missed the advice and templates which were under your nose right here on the parking forum all the time. Please start again at square one and don't pass 'go' until you've read the 'NEWBIES PLEASE READ THIS FIRST!' thread at the top:

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

Hint - there's a whole post in the top thread with info & links about defending a PE small claim, plus it shows you all the recent cases won (but don't get complacent - PE still win cases too).

Please don't reply on this old thread, no idea why you read this and not the current forum. What a shame you didn't appeal & win like we've advised since 2013.