Hi everyone,

I hope someone can help,

my daughter received court papers from northampton from parking eye for overstaying in a paid carpark over in july 2013.

She had not received any previous letters from them just the court papers.

We wrote two letters to PE asking for further details which were not replied too,

then we aknowledged to the court that we would file a defence.

We put that no previous letters had been received and attached copies of the letters we wrote asking for further information.

PE have now sent a pack of legal statements but say that we are confused on the date of the parking by 3 days

but all we had to refer to was the date that they sent as part of the court claim form.

According to the court papers they started their letters 3 days after the parking I think this proves we had not received any of their letters.

She definately didnt get any other letters,

they say they sent 4 letters to her but have only have included copies of 3 in their claim?

They havent mentioned the two letters we sent asking for information but say that no popla appeal was made,

none was made because we weren't aware until the court claim form came through.

They have now tried to intimidate my daughter who is quite upset and they have said we can't add any further docs to the defence

and I was hoping to get some advice as to where we go from here.

Many thanks

synth

PE seem to be doing this a lot lately. Possibly a new tactic for them? Catch someone who 'violates' their unenforceable contracts, dont send the relevant documents, then issue a claim out of the blue as a form of debt collection.

However, sit tight synth and someone will be around to help soon. There are some very knowledgeable people on this forum who can guide you through this.

Have a read of the prankster whilst waiting for advice;

http://parking-prankster.blogspot.co.uk/

Thanks guys, the tone and the intimidation within the docs from PE seem really nasty and threatening and have brought my daughter to tears several times, I have tried my best to help but I am out of my depth now

Synth

Hi synth Welcome to CAG.

Above advice is correct... Also follow Slinky39 thread Post #28 (ericsbrother)

PE are doing this a lot in the last week or so.

It appears to be a concerted "Attack" that I think will continue for sometime to come.

Legal advice will follow.

Good Luck

Thanks guys, the tone and the intimidation within the docs from PE seem really nasty and threatening and have brought my daughter to tears several times, I have tried my best to help but I am out of my depth now

Synth

Sadly thats how PE work. Remember the cowboy clampers before they were shut down and made illegal? They simply moved to doing this instead.

I havent been to the carpark myself to look at the signage but the irony is that the A4 copies of the signs they sent in the reams of bumf were unreadable

they have said we can't add any further docs to the defence

Oh Yes you can !!!

Do not be "intimidated" With a correctly worded defense you will win.

Thanks f16, that sort of advice is most welcome, they really are a shifty lot aren't they!

synth, Was this a "Pay and Display" If so what was the overstay or "Free" Car park?

Can you post the POC. Edit out personal detail, inc. claim ref , PE ref, Reg no. etc.

It will assist the "Legal Crew"

Pay and display, it says so in the first post....

What's the defence out of interest? Mitigating circumstances?

Thanks for that porkyp1g I missed the "Paid" bit.

Defense ? "Mitigating circumstances ?" ... No I don't think so

It was a pay and display, they are claiming for an overstay. I am away from home where the papers are but I can scan and post up later on, bearing in mind we didn't have sight of any of PE's docs until a week or so ago all we had to go on was the claim form from Northampton CC which PE started.

The defense up to yet stated the facts that she had not received any other correspondence than the court form and that we had written two letters asking for futher details that were not responded too and she referred to a previous fine that PE had sent her for overstaying at another carpark for which she had received letters ok and had paid. (yes I know she shouldn't have)

PE left it a while and then sent reams of bumf with previous cases attached , illegible copies of the signs at the site and stating that no popla appeal had been made. My daughter had paid a previous PE fine from about a year ago and received all that paperwork so we put that in the defense as to say why hadn't the PE letters been received this time? They didnt respond as to why they hadnt' answered our two letters but said they were aware of the previous charge we were "alluding" too (their words)

I wasnt possible to appeal to popla as we weren't aware of any previous letters. as I stated earlier they said that they had sent 4 letters but only included 3 in the bumf that was sent to us so there are inconsistencies in what they are saying.

Incidentally the carpark is for a small hotel and bar which she was going to for a meet with friends which had closed on the very day she parked and the hotel is still closed and is due to reopen after nearly a year.

Synth

Hi

This struck me.

Incidentally the carpark is for a small hotel and bar which she was going to for a meet with friends which had closed on the very day she parked and the hotel is still closed and is due to reopen after nearly a year.

Synth

Had the hotel gone bust or just refurbishment? I ask because of this case.

http://www.consumeractiongroup.co.uk/forum/showthread.php?414012-J.A.S.-Parking-Solutions*SORTED*&highlight=blockbuster

While not PE, the case is similar

Hi Silverfox1961,

The hotel apparently closed due to liquidation, it is still not open, however, I am unable to post a link yet due to my post count being under 10 but if you search "Stone Crown Hotel Closure" you will find some articles relating to the sudden closure and liquidation.

Kind regards

Synth

Im sure someone will post some legal advice or you can get a lot of advice from Pranksters site above.

Often in these cases, PE dont own the land and have no right to start legal proceedings, or the signs are unclear, or the person wasnt there at time/date mentioned or that the amoiunt is in excess of any actual loss or damages, there are many defences and many people are succesful.

Next question is who is the contract with that PE rely on to claim any rights? If the landowner is a property co then you can claim that the "occupier"-ie the hotel had the authority to give permission to park. if the Contract was with now bust hotel does PE have the authority of liquidator to make a claim or are they relying on pre-liquidation contractual rights?

You will need to get a copy of the contract PE have that they use

The only contact we have at PE is Rachel Ledson solicitor is it best to write to her asking for a copy of the contract? or should we just send a general letter, seeing as they didnt respond to two previous letters I think we should we use recorded delivery and how would this fit into the defence.

Many thanks

Synth

synth, Yes write to PE and ask for a copy of the original contract with the land owner.

Send it recorded delivery .

"Slippery Little Suckers" this lot !!!

thanks f16 will do

Cheers

Synth

You asked "How this will fit into my defense ?"

If the contract was between the hotel owner and the parking co. Then the "contract" is now owned by the Insolvency Service. So in effect there is no contract.

Right thank you f16, apologies for sometimetimes being a bit slow to catch on I am partially sighted and I have to read the text very big so sometimes miss things

thanks again

Synth

synth , Trust me on this one.. I'm dyslexic .. So I read things over and over.

9 times out of 10 I miss something. LOL

Reply to this and You have reached 10 posts . which was my aim tonight.

That means you can "Up load" the POC.......

Regards F16

thank you f16 I will get it scanned and up!