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    • hurtbuyer
    • By hurtbuyer 20th Nov 18, 3:40 PM
    • 94Posts
    • 71Thanks
    hurtbuyer
    Parking Eye Court Claim Form - Please help
    • #1
    • 20th Nov 18, 3:40 PM
    Parking Eye Court Claim Form - Please help 20th Nov 18 at 3:40 PM
    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 ! 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.
    Last edited by hurtbuyer; 20-03-2019 at 4:22 PM.
Page 8
    • hurtbuyer
    • By hurtbuyer 3rd May 19, 10:23 AM
    • 94 Posts
    • 71 Thanks
    hurtbuyer
    The usual format is that the Claimant goes first, and states the basis of their case. If the Claimant's witness is present (unlikely for PE) the Defendant can ask questions about their statement.

    If you disagree with anything the Claimant's rep says, make a note and raise those points with the Judge afterwards - do not interrupt.

    Then it's the Defendant's turn, and you must state the reasons why you are not liable to pay the sum claimed. You may also be asked questions afterwards by the Claimant's rep.

    The Judge may interrupt either party at any point, and ask questions. If you hear the Judge say at any point "You may have some difficulty with this" to the Claimant's rep, that means they have lost. If he says it to you, bad luck.

    You do not get into arguments with the other side, and should only address remarks to the Judge. Keep everything polite and professional, and if you can sense that the Judge is against you on one particular line of argument, don't keep digging, move on to the next one.

    When the Judge has heard everything he needs to, he will then start to deliver a Judgment. This is like the final boardroom in The Apprentice, "I don't want to hear any more", so don't interrupt, just write it all down.

    If the claim is dismissed, don't forget to apply for your costs.

    Your notes taken will then form the basis of a comprehensive and detailed report to be posted on here afterwards.
    Originally posted by bargepole
    That is wonderful advice - thank you very much !

    I will definitely post back a detailed report.
    • hurtbuyer
    • By hurtbuyer 3rd May 19, 12:57 PM
    • 94 Posts
    • 71 Thanks
    hurtbuyer
    Sat outside the room to be callled. The PE legal rep came and handed me a screenshot off googlemaps suddenly showing a no entry sign. Can I protest it to the judge?

    To be called in 5 mins.
    • Fruitcake
    • By Fruitcake 3rd May 19, 1:14 PM
    • 39,571 Posts
    • 88,268 Thanks
    Fruitcake
    If you haven't gone in yet, leave it outside. If it's mentioned once you are inside say you have not received this evidence prior to today which is a breach/abuse of the court process.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
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    • Umkomaas
    • By Umkomaas 3rd May 19, 1:25 PM
    • 23,381 Posts
    • 37,254 Thanks
    Umkomaas
    Get there in good time - do your logistics (travel, parking, finding the court, getting through security, introducing yourself to the usher, then sitting down quietly) half an hour before your allocated appointment time.

    You may be introduced to the legal rep conducting the PE case. Be polite, shake their hand, but don’t accept any paperwork from them. Politely refuse to discuss the merits of the case. Be prepared for the possibility of them looking to settle for a lower amount before entering the Judge’s room (doesn’t always happen, and when it does, it’s often only a few quid off what they are seeking anyway).

    Address the Judge as ‘Sir’ or ‘Madam’ (make sure you get those the right way round! ).

    Go neatly dressed. Leave the Primark jogging bottoms, unmatched shoes and Rab C Nesbitt string vest for visits to Wetherspoon!

    The very best of luck.
    Originally posted by Umkomaas
    Sat outside the room to be callled. The PE legal rep came and handed me a screenshot off googlemaps suddenly showing a no entry sign. Can I protest it to the judge?

    To be called in 5 mins.
    Originally posted by hurtbuyer
    Did you miss what I said?
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • hurtbuyer
    • By hurtbuyer 3rd May 19, 5:09 PM
    • 94 Posts
    • 71 Thanks
    hurtbuyer
    I lost. I missed these posts as we got called in. He was going to raise it anyway as he mentioned it right during the opening statement. I did say that it was not provided to me earlier. Judge asked if I needed more time to consider it given it was just a picture. I had to say no. Anyway things went bad. I got slapped with an extra £200 on top of the original claim amount as the fee for the guy's appearance. I am gutted.
    I thank you all anyway for trying to help.
    • Redx
    • By Redx 3rd May 19, 5:17 PM
    • 22,461 Posts
    • 28,477 Thanks
    Redx
    sorry to hear that, but I did warn you about all this on the first page ages ago, see posts #10 , #16 and #19 for a start

    I did mention that if they had all their ducks in a row that you would likely lose in court , especially as its a recent PE contract after taking over from INDIGO

    I hope that you both take it a lot more seriously in future now that you know the IGNORE option does not work , it didnt under INDIGO and definitely doesnt under PE

    AN IDEAL SOLUTION FROM THE START WAS A CANCELLATION BY THE TRUST HR DEPT , especially if PE had complied with POFA

    MY COMMISERATIONS TO YOU, BEAVIS LOST TO THE SAME COMPANY in 3 courts , you are not alone, they have form for winning court cases and I expected it from the beginning of this thread , hence my detailed explanations, because you had to win on a technicality, one that wasnt there
    Last edited by Redx; 03-05-2019 at 5:22 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
    • Coupon-mad
    • By Coupon-mad 3rd May 19, 5:19 PM
    • 72,078 Posts
    • 84,429 Thanks
    Coupon-mad
    I see your case is listed before District Judge Claire Coates, who was the Judge in the infamous Indigo/UHW case.
    Oh dear - I am sorry but we would feel you were on a hiding to nothing with that woman.

    Even worse:
    I got slapped with an extra £200 on top of the original claim amount as the fee for the guy's appearance.
    That's only allowed if she found you acted unreasonably, because otherwise it's disproportionate (whether the cost was incurred or not). Your defence had that point, did you not talk about the fact the Beavis case didn't allow added costs, only £85?

    Trouble is we know an appeal in your neck of the woods is doomed.

    So sorry to read this. I doubt anyone could have won in front of her, re this location.
    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
    • hurtbuyer
    • By hurtbuyer 3rd May 19, 9:51 PM
    • 94 Posts
    • 71 Thanks
    hurtbuyer
    sorry to hear that, but I did warn you about all this on the first page ages ago, see posts #10 , #16 and #19 for a start

    I did mention that if they had all their ducks in a row that you would likely lose in court , especially as its a recent PE contract after taking over from INDIGO

    I hope that you both take it a lot more seriously in future now that you know the IGNORE option does not work , it didnt under INDIGO and definitely doesnt under PE

    AN IDEAL SOLUTION FROM THE START WAS A CANCELLATION BY THE TRUST HR DEPT , especially if PE had complied with POFA

    MY COMMISERATIONS TO YOU, BEAVIS LOST TO THE SAME COMPANY in 3 courts , you are not alone, they have form for winning court cases and I expected it from the beginning of this thread , hence my detailed explanations, because you had to win on a technicality, one that wasnt there
    Originally posted by Redx
    You did indeed. Actually we did write to the health board and they just ducked it by saying to appeal to PE.
    To be honest, I went in with the knowledge that it could be a maximum of ~£150 but the extra £200 has hit me bad. Anyway nothing I can do now but payup. I should have probably taken up the £125 option offered or tried to negotiate it down to a smaller amount.
    Last edited by hurtbuyer; 03-05-2019 at 9:54 PM.
    • hurtbuyer
    • By hurtbuyer 3rd May 19, 9:53 PM
    • 94 Posts
    • 71 Thanks
    hurtbuyer
    Oh dear - I am sorry but we would feel you were on a hiding to nothing with that woman.

    Even worse:
    That's only allowed if she found you acted unreasonably, because otherwise it's disproportionate (whether the cost was incurred or not). Your defence had that point, did you not talk about the fact the Beavis case didn't allow added costs, only £85?

    Trouble is we know an appeal in your neck of the woods is doomed.

    So sorry to read this. I doubt anyone could have won in front of her, re this location.
    Originally posted by Coupon-mad
    Thank you. By time it was read out, my head was hollow and did not have the presence of mind to quote anything from Beavis. The bank holiday weekend is now sorted

    Anyway, I thank you all for your kindness and hope you have a good bank holiday weekend.
    • hurtbuyer
    • By hurtbuyer 13th May 19, 3:26 PM
    • 94 Posts
    • 71 Thanks
    hurtbuyer
    Hi All, Having recovered a little bit from the experience of losing, I have realised that I have been given two weeks to pay the amount which is the end of this week. The letter from the court merely gives Parking Eye's postal address. Will I need to pay by sending a cheque or is this something that can be aid by calling them or online. I suppose I can call and ask them - is that advisable.
    • Redx
    • By Redx 13th May 19, 3:41 PM
    • 22,461 Posts
    • 28,477 Thanks
    Redx
    I suppose that most people would send a cheque because proof if it being cashed on a bank statement means you can prove when it was settled and by taking the money by cashing it the claimant cannot say different

    that is what I would have done as soon as you lost because their postal address is easily found

    you could email their enforcement team and find out , or phone them up as you rightly say

    most people here try to avoid this stage meaning we dont have that experience that you want to know about, but I suppose you could ask Barry Beavis what he did because he lost too
    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
    • Coupon-mad
    • By Coupon-mad 13th May 19, 8:09 PM
    • 72,078 Posts
    • 84,429 Thanks
    Coupon-mad
    I would say phone them and pay by card. If you do post a chq, DON'T use 'signed-for'.
    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
    • hurtbuyer
    • By hurtbuyer 17th May 19, 3:42 PM
    • 94 Posts
    • 71 Thanks
    hurtbuyer
    I paid online using the same PCN Number and the whole amount due showed up - so their system had been updated. Paid with a card and received an email confirmation.

    Thank you all.
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