This was passed onto me earlier to help someone who i couldn't help in court, its just a very basic over view and it may help you

Arrive at court at least 15 mins before the scheduled start time, give your name and case number, and you will be asked to sit in the waiting area. You may well find the PE representative there, if you speak to him, admit nothing.

 

The Judge will call you in, and everybody sits round a table. As you are an unrepresented defendant, The Judge may well explain the procedure to you.

 

Always address the Judge as Sir (or Madam), and be polite and respectful towards the Judge and the other side (even if they aren’t).

 

The Claimant is first asked to present their case, during which the Judge may ask them questions. At the end, you will be asked if you have questions for the claimant, see below (unless the Judge has already covered any of these).

 

You then present your case, and the Judge may ask you questions, also the Claimant may ask you questions at the end.

 

The Judge will then summarise the proceedings, and give Judgment in favour of either the Claimant or Defendant. He may then ask if there are any costs to be claimed, and make an Order which requires one side to make payment to the other within 28 days.

 

Presenting Your Case:

 

Questions the Judge, or the Claimant, may ask you:

 

Q. Were you the driver at the material time?

A. Yes I was, and this has never been in dispute.

 

Q. Why didn’t you reply to any of the Claimant’s letters?

A. All the advice on consumer websites, and that given by a Solicitor on BBC Watchdog, was that Private Parking Tickets were simply speculative invoices, designed to mimic real parking tickets issued by local authorities. The advice was to ignore all their threatening letters, as the whole thing was a [problem] based on misrepresentation of authority.

 

Q. Did you get your defence from one of the online anti-parking forums?

A. If I had engaged a solicitor or barrister, the cost would have been more than the amount of the claim, costs which would not be recoverable in a case on the Small Claims track. I have taken free advice from a number of sources, and have myself spent a considerable amount of time researching contract law and case transcripts.

 

Q. Do you consider that you have any obligation towards the Claimant?

A. No, because the Claimant is attempting to impose unlawful penalty charges, as shown in my Defence Statement.

This was passed onto me earlier to help someone who i couldn't help in court, its just a very basic over view and it may help you

Oh my god....Kirkby if this is the best you can do, I was right all along, and you have the cheek to private message the public trying to convince them YOU are the be all and end all of parking companies, good chance this poster will Lose.......

That is not a personal attack, it is based on your questions and answers........

It is not a criminal offence to use forums and social networking, and identities cannot be proven therefore, whether or not Mummsy got her defence off the internet or off the CAB is of no matter and can refuse to answer that question....

Also as I have posted, PE patrol forums to gather information about potential vulnerable motorists, as stated in the job description I posted up. So therefore they are also using Forums to issue speculative claims for which they have issued thousands, to abuse the court process to extract money

Others will be along to help with issues relating pofa and genuine pre estimate of loss

Yes I will continue to offer most advice for court cases off forum on pepipoo and mse as do a large group of us.

To the op: what I've offered you there should simply help you along the way. I am sorry your thread has been hijacked by this person

If you don't wish to use that crib sheet it is entirely your choice

Let's proceed with a bit more decorum. You two having a slanging match does not help anyone particularly the OP. If you want to continue to rant at each other then start a thread here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?23-Bear-Garden

Thanks for the advice but my head is now cabbaged!!!!!

On my letter from the CC its states I have to "serve and file copy documents"

Call me stupid but what are these?????

I've done my witness statement and so has my mum

Documents you will use at trial includes i.e. witness statement, send to court and the other side

As above anything you are going to rely on in court in your defence has to be produced, as anything they are going to use has to be produced to you.

Hi Kirkbyinfurnesslad....

just wondered if there was any chance of a chat as I am in Barrow and received a very aggressive call from Parking Eye's debt collectors Debt Recovery Plus Ltd threatening Court Action....

Not for me but employee who was in company vehicle at time of the alleged offence and there are some issues I would like to discuss which, if correct, will be helpful to others...I will not post here because I suspect PE monito these sites etc...

Thanks

Ray

Ray.

I moved from kirkby years ago. Lovely place!!! Oh to move back!!

Oh dear...was hoping for a chat...

However, I will follow the situation here and see if I can glean any help...been doing lots of research top the point of it being too much ...so becoming confused as I have other things to do as well as this.!

Not sure if there is any way to private message here?

Ray

No pm is not allowed on here..

...

But you can pm on the parking section of pepipoo and Moneysavingexpert parking ticket sections if you join up there.......

But you are quite safe discussing it on here. It won't give anything away

Hi Kirkbyinfurnesslad...many thanks.

I will look at pepipoo as my friend also recommended.

I have changed my original posting following the comments from the magician below.

Ray

Hi Kirkbyinfurnesslad....

 

just wondered if there was any chance of a chat as I am in Barrow and received a very aggressive call from Parking Eye's debt collectors Debt Recovery Plus Ltd threatening Court Action....

 

Not for me but employee who was in company vehicle at time of the alleged offence and there are some issues I would like to discuss which, if correct, will be helpful to others...I will not post here because I suspect PE monito these sites etc...

 

Thanks

 

Ray

you suspect parking eye monitor this site! surley not.

it,s an open forum if your not gonna post on here why are you on here ???.

Hi The Magician...

I do want to post here but as it is an open forum was simply being cautious....in view of that have amended my post/reply above.

My concern was that as we all try to assist each other that as defences are identified, Parking Eye will simply close, or attempt to close them at court.

Not sure how that can be avoided but simply wanting to ensure anything which might help others was not immediately made available to PE....but I appreciate the drawback of an open site.

Hope you see my logic.

Best wishes

Ray

Hi The Magician...

 

I do want to post here but as it is an open forum was simply being cautious....in view of that have amended my post/reply above.

 

My concern was that as we all try to assist each other that as defences are identified, Parking Eye will simply close, or attempt to close them at court.

 

Not sure how that can be avoided but simply wanting to ensure anything which might help others was not immediately made available to PE....but I appreciate the drawback of an open site.

 

Hope you see my logic.

 

Best wishes

 

Ray

bearing in mind there are thousands of posts prior to yours,so one would assume that unless you have come up with some amazing new evidence to beat all ppc's hands down you will not be posting anything new to these forums.

PE (and now Napier) even go to the trouble of printing off pages from forums and presenting this at POPLA and at court as some sort of "evidence" of wrong-doing by the motorist. Their twisted logic is that the motorist has asked for advice from people more knowledgeable than them, and that is a "BAD THING". That's a bit rich from the likes of PE who usually send a solicitor (or four) to battle it out against a lay person in court.