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fudgemisty

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  1. Sorry, have tried three times now to put spacing in and cannot seem to save this on the site. Hope someone can help me.
  2. Tried to put spacing in, will try again.Hi, entered a defence online - there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction".Received the following reply to defence - 1. The defendant states "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction" This is not the case. The defendant should be advised that the car park is privately owned and parkingeye have been contacted by the landowner to manage the site on their behalf. As such, the policies which operate onsite have been decided in conjunction with the landholders, who assess the requirements of motorists along with the need for an efficiently managed car park. A contract can be supplied for the courts reference if requested by the courts prior to the hearing. 2. ParkingEye would also like to add that on the reverse of all the correspondence sent to the defendant, ParkingEye has stated that all appeals should be put in writing and sent to ParkingEye within 28 days. ParkingEye believes that the defendant broke the terms and condisions of parking and that therefore they are required to pay the outstanding charge. However, had the defendant corresponded with us initially, as requested, ParkingEye believes it could have answered many of the defendant's points directly and resolved the matter without having to issue court proceedings. However, as we gave had no correspondence whatsoever from the defendant, we have had no choice but to enter into legal proceedings, and have incurred further costs in prusuing this matter (see attached letter). 3. The purpose of the small claims court is to mitigate costs wherever possible. It is not appropriate for a defendant to be at liberty to submit further supplementary defences unchecked, which must then be responded to by the claimant. For this reason, if a defendant wishes to amend a defence, and add further defence points, there is a proper procedure for doing so (see below). ParkingEye has responded to this original fefence, and both sides will now be required to submit a witness statement and documents to be relied on by a court appointed date. Again, this should not contain further defence points, and should be a statement of the facts of the case. However, in these cases, it is ParkingEye's experience that defendants will often submit large further defences throughout the process (which require a response) ans will often submit a large further defence in place of a witness statement. These all need to be responded to by the claimant. In order for this process to run smoothly, both defendant and claimant should ensure that the defences to the claim and the replies are contained in as few documents as possible, and that amendments to these documents are sanctioned bt the court. Both parties should also ensure that any defences and replies are filed and served prior to the filing and serving of witness statements, and that further defences or documents are not filed after at or after this time. We would remind the defendant that if they wish to amend their defence they should submit an N244 Form, and pay the relevant fee. Once permission to amend the defence has been granted, this new defence should be submitted both to the claimant and the court. the claimant will then reply to this amended defence. We would request that any amendments to the defence are made in good time, so as to allow the claimant to respond fully prior to the filing and serving of witness statements and documents, as further defence points should not be raised at this stage. ParkingEye will not respond to or acknowledge any further defence received unlesssthe defendant has first had this approved bt the court. This is to ensure that costs are mitigated and that the court time is not wasted on dealing with numerous defence documents and replies. CPR 17.1 states - (1) a party may amend his statement of case at any time before it has been served on any other party. (2) if his statement of case has been served, a party may amend it only - (a) with the written consent of all the other parties; or (b) with the permission of the court.Parking eye would like to state that the defendant was made aware of the Civil Procedure Rules in the Letter Before Claim sent prior to legal action being taken. 4.ParkingEye can supply transcripts of all cases cited, and will do so if required and requested by the court.Help! Don't know what to do now. The court has also offered a free mediation service (if both parties agree).Awaiting your response.
  3. Hi, entered a defence online - "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction".Receive d the following reply to defence - " 1. The defendant states "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction". This is not the case. The defendant should be advised that the car park is privately owned and ParkingEye have been contacted by the landowner to manage the site on their behalf. As such, the policies which operate onsite have been decided in conjunction with the landholders, who assess the requirements of motorists along with the need for an efficiently managed car park. A contract can be supplied for the courts reference if requested by the courts prior to the hearing. ParkingEye would also like to add that on the reverse of all the correspondence sent to the defendant, ParkingEye has stated that all appeals should be put in writing and sent to ParkingEye within 28 days. ParkingEye believes that the defendant broke the terms and condisions of parking and that therefore they are required to pay the outstanding charge. However, had the defendant corresponded with us initially, as requested, ParkingEye believes it could have answered many of the defendant's points directly and resolved the matter without having to issue court proceedings. However, as we gave had no correspondence whatsoever from the defendant, we have had no choice but to enter into legal proceedings, and have incurred further costs in prusuing this matter (see attached letter). The purpose of the small claims court is to mitigate costs wherever possible. It is not appropriate for a defendant to be at liberty to submit further supplementary defences unchecked, which must then be responded to by the claimant. For this reason, if a defendant wishes to amend a defence, and add further defence points, there is a proper procedure for doing so (see below). ParkingEye has responded to this original fefence, and both sides will now be required to submit a witness statement and documents to be relied on by a court appointed date. Again, this should not contain further defence points, and should be a statement of the facts of the case. However, in these cases, it is ParkingEye's experience that defendants will often submit large further defences throughout the process (which require a response) ans will often submit a large further defence in place of a witness statement. These all need to be responded to by the claimant. In order for this process to run smoothly, both defendant and claimant should ensure that the defences to the claim and the replies are contained in as few documents as possible, and that amendments to these documents are sanctioned bt the court. Both parties should also ensure that any defences and replies are filed and served prior to the filing and serving of witness statements, and that further defences or documents are not filed after at or after this time. We would remind the defendant that if they wish to amend their defence they should submit an N244 Form, and pay the relevant fee. Once permission to amend the defence has been granted, this new defence should be submitted both to the claimant and the court. the claimant will then reply to this amended defence. We would request that any amendments to the defence are made in good time, so as to allow the claimant to respond fully prior to the filing and serving of witness statements and documents, as further defence points should not be raised at this stage. ParkingEye will not respond to or acknowledge any further defence received unlesssthe defendant has first had this approved bt the court. This is to ensure that costs are mitigated and that the court time is not wasted on dealing with numerous defence documents and replies. CPR 17.1 states - "(1) aparty may amend his statement of case at any time before it has been served on any other party. (2) if his statement of case has been served, a party may amend it only - (a) with the written consent of all the other parties; or (b) with the permission of the court." Parking Eye would like to state that the defendant was made aware of the Civil Procedure Rules in the Letter Before Claim sent prior to legal action being taken. ParkingEye can supply transcripts of all cases cited, and will do so if required and requested by the court". Help! Don't know what to do now. The court has also offered a free mediation service (if both parties agree).Awaiting your response.
  4. Edit: Meekyou has kindly edited this into paragraphs in post #17. honeybee13 Hi, entered a defence online - "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction".Received the following reply to defence - " 1. The defendant states "there are no planning restrictions on the use of that land as a car park, this means free parking is allowed without restriction". This is not the case. The defendant should be advised that the car park is privately owned and ParkingEye have been contacted by the landowner to manage the site on their behalf. As such, the policies which operate onsite have been decided in conjunction with the landholders, who assess the requirements of motorists along with the need for an efficiently managed car park. A contract can be supplied for the courts reference if requested by the courts prior to the hearing. ParkingEye would also like to add that on the reverse of all the correspondence sent to the defendant, ParkingEye has stated that all appeals should be put in writing and sent to ParkingEye within 28 days. ParkingEye believes that the defendant broke the terms and condisions of parking and that therefore they are required to pay the outstanding charge. However, had the defendant corresponded with us initially, as requested, ParkingEye believes it could have answered many of the defendant's points directly and resolved the matter without having to issue court proceedings. However, as we gave had no correspondence whatsoever from the defendant, we have had no choice but to enter into legal proceedings, and have incurred further costs in prusuing this matter (see attached letter). The purpose of the Small Claims court is to mitigate costs wherever possible. It is not appropriate for a defendant to be at liberty to submit further supplementary defences unchecked, which must then be responded to by the claimant. For this reason, if a defendant wishes to amend a defence, and add further defence points, there is a proper procedure for doing so (see below). ParkingEye has responded to this original fefence, and both sides will now be required to submit a witness statement and documents to be relied on by a court appointment date. Again, tgis should not contain further defence points, and should be a statement of the facts of the case. However, in these cases, it is ParkingEye's experience that defendants will often submit large further defences throughout the process (which require a response) ans will often submit a large further defence in place of a witness statement. These all need to be responded to by the claimant. In order for this process to run smoothly, both defendant and claimant should ensure that the defences to the claim and the replies are contained in as few documents as possible, and that amendments to these documents are sanctioned bt the court. Both parties should also ensure that any defences and replies are filed and served prior to the filing and serving of witness statements, and that further defences or documents are not filed after at or after this time. We would remind the defendant that if they wish to amend their defence they should submit an N244 Form, and pay the relevant fee. Once permission to amend the defence has been granted, this new defence should be submitted both to the claimant and the court. the claimant will then reply to this amended defence. We would request that any amendments to the defence are made in good time, so as to allow the claimant to respond fully prior to the filing and serving of witness statements and documents, as further defence points should not be raised at this stage. ParkingEye will not respond to or acknowledge any further defence received unlesssthe defendant has first had this approved bt the court. This is to ensure that costs are mitigated and that the court time is not wasted on dealing with numerous defence documents and replies. CPR 17.1 states - "(1) aparty may amend his statement of case at any time before it has been served on any other party. (2) if his statement of case has been served, a party may amend it only - (a) with the written consent of all the other parties; or (b) with the permission of the court." Parking Eye would like to state that the defendant was made aware of the Civil Procedure Rules in the Letter Before Claim sent prior to legal action being taken. Parking Eye can supply transcripts of all cases cited, and will do so if required and requested by the court". Help! Don't know what to do now. The court has also offered a free mediation service (if both parties agree).Awaiting your response.
  5. The signage is readable from the car driving seat and at the entrance, the land is owned by B & Q and the council have confirmed "this site was given use for retail use with accompanying car park in 1986" which I assume means without any restriction. Does this mean free parking? What should I do now?
  6. I have received a Summons, having overstayed approx. 20 mins in B & Q car park, Sutton on 12/12/13. I ignored the initial correspondence, having looked at advice which I think was out of date. Can someone help me to deal with this. The time limit was 2hrs and 45 mins. The summons is for £85 amount claimed, court fee £15, solicitor's costs £50 - total £150.
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