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  • FIRST POST
    • tlew12778
    • By tlew12778 28th Aug 18, 6:29 PM
    • 17Posts
    • 6Thanks
    tlew12778
    Claim Form (Seel St, Liverpool)
    • #1
    • 28th Aug 18, 6:29 PM
    Claim Form (Seel St, Liverpool) 28th Aug 18 at 6:29 PM
    Hi there. We have received a Claim Form for a parking charge by Parking Eye. Pretty much analogous to the situation in the thread by katie33 but with different entry/exit times (I will try to post the link in a comment as I cannot post with links yet). We arrived at 16:46 and left at 20:50 according to the PCN. We paid the attendant 3. He instructed us to pay any difference owed upon return if after 6PM. My husband paid at the machine while I sorted the kids in the car so I am not sure what went on but he thinks he may have been short a pound and says he paid either "2 or 3". He is going on memory as we no longer have the receipts but we also never use this car park so this was a one-off. Anyway, the signage reads "1.50 for one hour or over 1 hour 3.00". We paid for over 1 hour to the attendant. I have read the newbies thread and have also registered with MCOL and filed the AOS. The deadline is 15/09/18 to have the defence filed. Would it be unreasonable to adapt the defence in the above thread to our situation? From a search on the forums it seems like this is not a unique situation with this particular car park. Thanks in advance.
Page 2
    • tlew12778
    • By tlew12778 11th Oct 18, 1:01 PM
    • 17 Posts
    • 6 Thanks
    tlew12778
    Update: we called and were given a different (but similar) email to send it to (again). Sent it off and notwithstanding numerous calls and emails, it still has not shown up on MCOL. They’ve simpy said to send it again. Feel like they are having us on TBH and just waiting for the judgement to be overdue? Can they do that?
    • nosferatu1001
    • By nosferatu1001 11th Oct 18, 1:18 PM
    • 5,007 Posts
    • 6,251 Thanks
    nosferatu1001
    The court has no incentive to do that
    You are, of course, keeping a log of who you called, when, what was said, etc? You have proof the emails were sent by taking a screenshot of your sent messages folder?
    • tlew12778
    • By tlew12778 11th Oct 18, 4:36 PM
    • 17 Posts
    • 6 Thanks
    tlew12778
    Yes we have all that. It’s just really nerve-wracking bc I feel like a bailiff is going to show up at my door :/ When the emails are sent the auto-reply is just a form email so it’s not very... I don’t know... convincing. Like I could have sent a blank email and gotten the same auto reply save for the fact that my outbox has an email going to that address at the same time.
    • tlew12778
    • By tlew12778 10th Nov 18, 11:22 AM
    • 17 Posts
    • 6 Thanks
    tlew12778
    The latest update on this... we had to send the defence no less than 5 times. We were given at least 3 different email addresses. FINALLY one lady called us back (after being told by one of the agents that the judgement was going to expire the next day and it would hit OH's credit report and there was nothing they could do about it... he even suggested paying it and trying to get it reversed afterwards) to tell us that they had received it and it everything had been suspended until a judge took a look at the situation. She said it could take 8-12 weeks. We have just received written confirmation that the defence was registered and the judgement cancelled. So it is now up to Parking Eye to respond.
    • tlew12778
    • By tlew12778 21st Nov 18, 3:17 PM
    • 17 Posts
    • 6 Thanks
    tlew12778
    Parking Eye has proposed mediation. What is the consensus on this? My understanding is that if we do not accept, we go to hearing. If we do accept, we speak on the phone for an hour with a mediator and if that fails we go to hearing. Is that correct? I take it there is no chance of Parking Eye just dropping this case at this point? Thanks in advance.
    • tlew12778
    • By tlew12778 21st Nov 18, 3:19 PM
    • 17 Posts
    • 6 Thanks
    tlew12778
    Also, we have filed this defence but we have not had any sort of reply to the same from Parking Eye. So if we go to mediation, how can we possible be prepared for their counter-argument?
    • KeithP
    • By KeithP 21st Nov 18, 3:51 PM
    • 14,333 Posts
    • 16,317 Thanks
    KeithP
    Parking Eye has proposed mediation. What is the consensus on this?
    Originally posted by tlew12778
    Surely you know the answer to that?

    It is clearly spelt out in post #2 of the NEWBIES FAQ sticky thread.

    Are you not reading Bargepole's 'what happens when' post?
    .
    • tlew12778
    • By tlew12778 21st Nov 18, 10:18 PM
    • 17 Posts
    • 6 Thanks
    tlew12778
    Apologies. I read it in the summer. Will go back and have another read through.
    • Coupon-mad
    • By Coupon-mad 21st Nov 18, 10:35 PM
    • 70,385 Posts
    • 82,979 Thanks
    Coupon-mad
    Mediation is a CLEAR and absolute no-no, in the advice. Please read why not.

    Also, if you read the advice in the Summer, are you ready for WS and evidence stage, and prepared for the hearing? All covered there and this is all about being prepared and ahead of the game. Knowing what to do - and why, when, and how - and what NOT to do.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • tlew12778
    • By tlew12778 21st Nov 18, 10:45 PM
    • 17 Posts
    • 6 Thanks
    tlew12778
    Ok.. but if I’m understanding correctly, it seems to me like going to hearing results in an all or nothing (reimbursements aside). Is that correct? Seems like a 50-50 chance to me that we would end up forking out a couple hundred pounds plus a day off work.

    I’m also slightly concerned by the fact that my husband is not mother tongue English. I mean he speaks and understands it fine but he’s not remotely familiar with the UK court system or legal language (he’s a dr). I’m American and notwithstanding the lack of language issues, would still feel pretty intimidated in front of a judge so I can only imagine how he would feel in the same situation.
    • Redx
    • By Redx 21st Nov 18, 10:52 PM
    • 22,245 Posts
    • 28,130 Thanks
    Redx
    actually , the odds are 51% to 49% , a bit like the current B word (darent say it)

    a judge decides on the balance of probabilities, but is guided by the law, the evidence, the statements etc

    I am english born and bred and not versed in legal matters , legal language or civil court either, most people who come on here arent, so he is probably the same as 90% as everyone else who comes here, including me

    the idea with court is it costs them money and a judge could award a smaller figure if the claimant wins, they are entitled to the original charge plus court costs and legal fees , typically 175

    it seems to me that a charge was paid to the attendant who asked for it, so unless they can prove the defendant is at fault, they have to blame their own employee, so could easily fail in court, if they do you can claim up to 95 in fees and loss of earnings etc

    ps:- all this talk about bailiffs at your door is complete nonsense
    Last edited by Redx; 21-11-2018 at 11:09 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • KeithP
    • By KeithP 21st Nov 18, 11:02 PM
    • 14,333 Posts
    • 16,317 Thanks
    KeithP
    ...would still feel pretty intimidated in front of a judge so I can only imagine how he would feel in the same situation.
    Originally posted by tlew12778
    Perhaps watching this short video will help both of you:

    .
    • Coupon-mad
    • By Coupon-mad 22nd Nov 18, 12:50 AM
    • 70,385 Posts
    • 82,979 Thanks
    Coupon-mad
    Ok.. but if I’m understanding correctly, it seems to me like going to hearing results in an all or nothing (reimbursements aside). Is that correct? Seems like a 50-50 chance to me that we would end up forking out a couple hundred pounds plus a day off work.
    Originally posted by tlew12778
    Well we have a 99% win rate here, so I would say he has 99-1 odds in his favour because we know what we are doing and the odd case lost is usually down to an unprepared Defendant.

    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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