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  • FIRST POST
    • flirston
    • By flirston 8th Aug 18, 1:30 PM
    • 6Posts
    • 0Thanks
    flirston
    Urgent Help Please: Parking Eye County Court
    • #1
    • 8th Aug 18, 1:30 PM
    Urgent Help Please: Parking Eye County Court 8th Aug 18 at 1:30 PM
    I received a letter from the small claims court dated 28/06/2018 for a PCN which I received from Parking in Sollihull Birmingham, around November last year, which I duly appealed. I did not received anymore letters from them or maybe did not open the envelope containing the response and never appealed to POPLA. I then went online to reject the claim on 05/07/2018 and when I checked on the moneyclaim website yesterday, A DQ has been issued to me on 03/08/2018. I am yet to received the DQ by post, therefore do not know what it contains.

    I thought that the charge would have become invalid if Parking Eye did not respond within 28 days, however, it was a day past 28 days on 03/08/2018 and I was still got sent this DQ.

    I desperately need information from those who have gone through this process before as to what this might mean and advise on what I need to do as I do not want the county court judgement going against me which could be entered against my me and this could have damaging consequence on my ability to carry on working in my sector.

    Looking forward to read your feedback.... Thanks
    Last edited by flirston; 08-08-2018 at 1:43 PM.
Page 1
    • pogofish
    • By pogofish 8th Aug 18, 1:36 PM
    • 8,999 Posts
    • 9,376 Thanks
    pogofish
    • #2
    • 8th Aug 18, 1:36 PM
    • #2
    • 8th Aug 18, 1:36 PM
    Urgent help is best obtained by reading the Newbies Sticky, which outlines the whole process, incl court.
    • flirston
    • By flirston 8th Aug 18, 1:45 PM
    • 6 Posts
    • 0 Thanks
    flirston
    • #3
    • 8th Aug 18, 1:45 PM
    • #3
    • 8th Aug 18, 1:45 PM
    Hi,

    Thanks for your comment, I am very new to this, so really don't know what to look for. I have read a few threads before deciding to start mine on the advise by one of the threads. If you don't mind me asking, where do I locate the Newbie sticker?
    • KeithP
    • By KeithP 8th Aug 18, 2:05 PM
    • 9,862 Posts
    • 10,189 Thanks
    KeithP
    • #4
    • 8th Aug 18, 2:05 PM
    • #4
    • 8th Aug 18, 2:05 PM
    From your post it sounds like you may have received a Claim Form from the County Court Business Centre.

    You then signed into MCOL and apparently defended the claim... is that right?
    When doing that, what exactly did you post in the 'Defence' box?

    You will shortly receive your Directions Questionnaire which you should complete following the guidance offered in the second post on the NEWBIES FAQ sticky thread.


    When posting here, it is vitally important that you pay close attention to every detail.
    Vague, rambling posts help no-one and will probably leave you not getting the help and support you are looking for.
    Last edited by KeithP; 08-08-2018 at 2:08 PM.
    .
    • nosferatu1001
    • By nosferatu1001 8th Aug 18, 2:49 PM
    • 3,722 Posts
    • 4,532 Thanks
    nosferatu1001
    • #5
    • 8th Aug 18, 2:49 PM
    • #5
    • 8th Aug 18, 2:49 PM
    The newbies therad is on the fierst page of the forum, where you clicked "new thread", before reading the sticky you agreed to read when you signed up.
    • flirston
    • By flirston 8th Aug 18, 4:23 PM
    • 6 Posts
    • 0 Thanks
    flirston
    • #6
    • 8th Aug 18, 4:23 PM
    • #6
    • 8th Aug 18, 4:23 PM
    From your post it sounds like you may have received a Claim Form from the County Court Business Centre.

    You then signed into MCOL and apparently defended the claim... is that right?
    When doing that, what exactly did you post in the 'Defence' box?

    You will shortly receive your Directions Questionnaire which you should complete following the guidance offered in the second post on [U]


    When posting here, it is vitally important that you pay close attention to every detail.
    Vague, rambling posts help no-one and will probably leave you not getting the help and support you are looking for.
    Originally posted by KeithP
    Hi Thank you for your input. You are right to about where I am at the moment with my case. I am yet to receive the Directions Questionnaire.

    I have read a few of the Threads in the Newbies but did not really go into detail as many did not fall into my category. However, looking back now, I may have bungled my chances of a good defense.
    Here is my what I posted in the 'defense box'
    1. The Claimant has also stated that there was no valid paid
    ticket. However, there was a valid paid ticket, the only issue I
    may have seen if they have stated that this was an overstay. This
    was initially brought to their notice but they chose to ignore it.
    2. I was unable to appeal to POLPLA as did not receive the
    decision. However, in my initial appeal, I was only written to as
    the registered keeper as a result I deny any liability and there
    will be no admissions as to who was driving and no assumptions can
    be drawn, nor was there an agreed contract.
    3. There were several issues at the parking lot with timing on the
    machines as your signage terms fail the test of 'large lettering'
    and prominence of the parking charge, as established in ParkingEye
    Ltd v Beavis, which is fully distinguished.
    4. I will require you to provide all images taken of this vehicle
    & the signs at the location that day. Do not withhold any images
    or data later relied on for court.
    5. This firm and other firms alike have been unanimously condemned
    in 2018 as operating an 'outrageous scam' (Hansard 2.2.18). The BPA & IPC were heavily criticized too; hardly surprising for an
    industry where so-called AOS members admit to letting victims
    'futilely go through the motions' of appeal and say on camera 'we
    make it up sometimes' (BBC Watchdog).
    6. The only reason there could have been an overstay is as a
    result of a minor, under 2 yrs old who has a birth injury and was
    in exceptional pain due to these injury on the day, however, this
    overstay is in dispute due to the timing problems on the machines
    as they were not all synchronized or showing same time.

    Many thanks
    • flirston
    • By flirston 8th Aug 18, 4:27 PM
    • 6 Posts
    • 0 Thanks
    flirston
    • #7
    • 8th Aug 18, 4:27 PM
    • #7
    • 8th Aug 18, 4:27 PM
    The newbies therad is on the fierst page of the forum, where you clicked "new thread", before reading the sticky you agreed to read when you signed up.
    Originally posted by nosferatu1001
    Hi,
    Many thanks. I did read the newbie and even used some of the advise on there for my defense. I must say that I am not used to the website and navigating it was quite tricky. Perhaps I will get used to it overtime.
    • The Deep
    • By The Deep 8th Aug 18, 4:58 PM
    • 10,241 Posts
    • 10,134 Thanks
    The Deep
    • #8
    • 8th Aug 18, 4:58 PM
    • #8
    • 8th Aug 18, 4:58 PM
    Learn the rules of the game you have been co-opted into.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • flirston
    • By flirston 13th Aug 18, 9:04 AM
    • 6 Posts
    • 0 Thanks
    flirston
    • #9
    • 13th Aug 18, 9:04 AM
    Directions Questionnaire received
    • #9
    • 13th Aug 18, 9:04 AM
    I have received the Directions Questionnaire and have filled it using the guidelines on the Newbies Sticky as follows:

    4. After sending off your Defense, the Northampton Business centre will send a copy to the Claimant, and then send a Directions Questionnaire (form N180) to both Claimant and Defendant. You must complete this by the date given, and send it back to Northampton, with a copy to the other side (or their solicitors if they've nominated one as the address for service). The recommended answers to the questions are as follows:
    • A1 = NO to mediation (they want the whole amount, you want to pay them nothing, so no scope for mediation. This will not go against you)
    • B = fill in all the details, name, address, etc
    • C1 = YES to small claims track !!!8211; this is the limited costs track for claims up to £10,000 in value
    • D1 = name of your local County Court !!!8211; unless you are a Ltd company, the case files will be transferred there
    • D2 = NO to expert evidence (this relates to medical negligence cases and suchlike)
    • D3 = 1 witness (that!!!8217;s you) (or more if you are going to get another person to provide a statement)
    • D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one).
    Note: Gladstones are currently including a 'request for special directions' asking the Court to hear the case on the papers only, without an oral hearing. You should oppose this, and include the following text in D1: !!!8220;The Defendant opposes the Claimant!!!8217;s request for special directions, and requests that the case be listed for an oral hearing at the defendant!!!8217;s home court, pursuant to CPR 26.2A(3)!!!8221;.

    Unfortunately, I have not started on a good foot. My approach to the defense and the defense itself as posted earlier does not look strong to me. Is there any way I can remedy this in order to make my arguments stronger and help to defend this case effectively
    • Umkomaas
    • By Umkomaas 13th Aug 18, 10:55 AM
    • 19,783 Posts
    • 31,244 Thanks
    Umkomaas
    Is there any way I can remedy this in order to make my arguments stronger and help to defend this case effectively
    Pay the court £255 to amend or change the defence. You did ask!

    Judges generally understand that litigants-in-person are largely unfamiliar with court procedures and do give a bit of leeway at the hearing. The thing now is to concentrate on developing a comprehensive and well put together Witness Statement, although you can't sneak a wholesale revised defence into that. The WS will follow after the Directions Questionnaires are completed by both parties and a hearing date is set, so not to be done right now, although lots of research on WS's and their content would be an invaluable investment of your time.

    I'm not a court expert here, one or two others are and might want to add to this.
    Last edited by Umkomaas; 13-08-2018 at 10:58 AM.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
    • flirston
    • By flirston 13th Aug 18, 1:08 PM
    • 6 Posts
    • 0 Thanks
    flirston
    Thank you Umkomaas.

    I will send the DQ off today as it is due on the 20th. It states a copy needs to be sent to the Claimant (Parking Eye), can this be done via Email to both the court and Parking Eye?

    I have already started researching what to put into my WS, there are few tips and examples here and there I can use, I will post my version here when the time comes for the forum to help me with contributions.
    Last edited by flirston; 13-08-2018 at 1:29 PM.
    • Umkomaas
    • By Umkomaas 13th Aug 18, 1:19 PM
    • 19,783 Posts
    • 31,244 Thanks
    Umkomaas
    can this be done via Email to both the court and Parking Eye?
    Belt and braces if in doubt - use both.

    Send it with a free Certificate of Posting from your Post Office counter as with this, it is deemed by law to have been delivered by the second working day after posting.

    Do not use (or pay for!) 'Signed For' (previously known as 'Recorded' or 'Registered') or 'Special Delivery' as some PPCs refuse to accept such, then they can prove the communication has not been received.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    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.
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