Thank you all for your help (especially with the attachments) and for your advice and recommendations.

I have photos of the carpark that clearly show there are no lampposts so I’m looking forward to seeing how PE explain that one!

I get the impression from their statement that the onus is on the driver to supply the lighting to read the signs!

I have looked up Stour Side investments and P Eley resigned in October 2016.

The company went into administration in July 2017.

Therefore does PE have authority/permission to charge for parking etc.

I will contact my local council to find out about planning permission for the signs and cameras

I also find it amusing they mention about defendants entering/changing their defence once original defence has been submitted

but isn’t that exactly what PE are doing with their “reply to defence”?

Surely they are doing just that.

Should their “reply to defence” actually be their witness statement?

Since respnding to the claim and entering the defence online on 20 Nov there has been no communication from the court.

Is this normal or should I call moneyclaim online and see what is happening

whether it has been transferred to my local court?

What are the usual timescales for these cases?

Is there anything else I should be doing?

Once again thank you so so much for all your help xx

then the claim is stayed IGNORE.

until/unless the COURT send the N180

PE sent a without prejudice letter a week or so after our defence was submitted.

PE offered to withdraw the claim if we paid £125.

This offer was ignored and about 3 weeks after the letter PE sent the RTD to us.

Is it possible PE are trying to rattle our cage to see if they can scare us into paying?

If the case has been stayed would the court notify us of this?

I’m just concerned that perhaps the court sent out documents etc over the Christmas period and it’s gotten lost in the post.

I’d hate PE to slip a win in just because I wasn’t on the ball and didn’t check up on things as I should.

What do you think/suggest?

nice of you to tell us they sent WP letter more than 2mts ago...........

yes ofcourse they are trying to rattle your cage

they're probably reading this thread and laughing out loud at you and have so far fallen for every trick in the book that they've played to date and might just cave in if they send one more stupid meaningless letter with regard to the claim

it is well stayed and should have been totally ignored

but because you obviously haven't understood or read anything up on how these things operate ...the flag of 'there's a mug here - hit him' has been operated.

so, just to example the above,

what have you understood so far about the process of court claims,

when does a claim get stayed?

and what did you actually READ on the letter that the court sent regarding this when they acknowledged that they had received your defence??

nice of you to tell us they sent WP letter more than 2mts ago.

First I apologise if I have fudged up, and I’m very sorry I didn’t mention the Without Predijuce letter. When the letter arrived I was very ill and was in hospital. Ashamedly I completely forgot about it until posting up the defence today. There was no way I was going to pay the reduced amount they offered to us anyhow. I thought (naively/stupidly) that by responding to the letter would show weakness and that we were showing signs of being intimidated into paying. I thought I was only to respond to court directives and not communicate directly with PE. I am very sorry if I was wrong and have not followed the advice given in previous posts

yes ofcourse they are trying to rattle your cage. they're probably reading this thread and laughing out loud at you as it seems you don't have a single braincell and have so far fallen for every trick in the book that they've played to date and might just cave in if they send one more stupid meaningless letter with regard to the claim.

First I apologise if I have fudged up, and I’m very sorry I didn’t mention the Without Predijuce letter. When the letter arrived I was very ill and was in hospital. Ashamedly I completely forgot about it until posting up the defence today. There was no way I was going to pay the reduced amount they offered to us anyhow. I thought (naively/stupidly) that by responding to the letter would show weakness and that we were showing signs of being intimidated into paying. I thought I was only to respond to court directives and not communicate directly with PE.

I am very sorry if I was wrong and have not followed the advice given in previous posts.

it is well stayed and should have been totally ignored but because you obviously haven't understood or read anything up on how these things operate ...the flag of 'there's a mug here - hit him' has been operated.

I have read up extensively and been through the court process (albeit for reclaiming bank charges many years ago) before so I thought I had a reasonable understanding of the process. I have ignored everything PE has sent me so I’m a bit confused why you think I haven’t?

so, just to example the above, what have you understood so far about the process of court claims,

My understanding of the court process is

You receive a claim against you.

You acknowledge, state you intend to defend entire claim and request an extra 14 days to file defence

File defence

MCOL then transfer case to defendants local court

Local court send out Allocation Questionairre to both parties.

Complete AQ, Request small Cali court and oral hearing etc

Parties send back AQ

If claimants fail to file AQ then ask court to strike out claim

If claimant sends back AQ the Court allocates court date and advises when witness statements should be filed.

File witness statement and supporting evidence and send copy to claimants

Attend court and argue case

If you win ask for associated costs

If you lose you pat within 28 days (when possible) to avoid CCJ being registered.

when does a claim get stayed?

I thought cases were stayed when the claimants request, if a judge orders is or if claimants fail to follow court direction and the defendants don’t realise so it says “in limbo” until either side submits a request to court for dismissal or for the case to resumed.

and what did you actually READ on the letter that the court sent regarding this when they acknowledged that they had received your defence?

Nothing as there has not been any communication from the court - that’s my concern. Apart from the notification on MCOL site we have not received anything at all from the court. They never wrote to us to confirm they had received the defence but as we did it online and it showed the defence had been received this was ok. I would have expected to receive notification of transfer and AQ by now. That’s why I’m a bit puzzled we haven’t heard anything.

claim is autostayed after 28 days following the filing of your defence

until the N180 from the court it remains that way.

so they've missed that and will now have to pay even more money to lift the stay

which they wont get back even if they win....so I expect you'll hear no more bar the willy waving you have today

fess are now more than the original claim sum

....so I expect you'll hear no more bar the willy waving you have

Ha, you said willy!

Thank you for your responses and for sorting out my double post. Your help is very much appreciated and I’m sorry if I have caused any frustration or irritation to anybody with my requests for help and clarification.

At the risk of annoying you all further I have some further questions.

Am I right in understanding that because we ignored PE’s WP letter offering to withdraw the claim if we paid a reduced amount (incase I’m ever in this this position again; was ignoring the WP letter the correct thing to do?) PE sent the us the RTD in the hope that this would scare us into paying.

As that failed PE have realised we aren’t going to crumble and have skunk back into their cave and have filed us under “not worth the effort as we are going to lose” category? Thanks to the brilliant work of sites like CAG and it’s helpful and generous members I’d imagine their filing cabinet is rather full of abandoned claims.......

I’ve checked the MCOL account (I posted a screenshot of this on an earlier post) and the last entry is on 20/11/2017 confirming that our defence had been received. If PE had withdrawn the claim or it had been stayed would MCOL write and tell us?

From what I have read/understand about the court process MCOL would write to us to confirm they had received our defence and send an Directions Questionnaire to both parties.

If PE had filed their RTD to the court would MCOL have forwarded a copy onto us? The RTD we received was sent to us by PE as the envelope had their PE’s address and Chorley postmark etc on it.

I’m sorry if I am being an idiot and/or being over anxious but I am concerned that we have heard nothing at all from the court. I’m just trying to make sure I have fully understood everything and that I’m not overlooking anything. I don’t want my ignorance or stupidity to allow PE to be successful in their claim.

Thank you for all your invaluable help and patience.

the claim is autostayed after 28 days if they don't respond

as its automatic

there is no notification to anyone. nor to mcol.

the WP & RTD are both pointless willy waving and begging ....

please pay us something before we have to .......

you comment...As that failed PE have realised we aren’t going to crumble and have skunk back into their cave and have filed us under “not worth the effort as we are going to lose” category?

is spot on

Look, PE have another 200,000 people to go and bother in the same way and 170,000 of those will either pay up or not file a defence and lose by default.

they have taken a commercial decision that telling lies to you hasnt worked

they arent going to spend another £50-100 getting nowhere.

As for cases being automatically stayed,

the courts are normally quite generous on this point and will allow the claimand a couple of weeks to get thier act together but if it is more than that they will have to pay the claim submission fee all over again to continue.

If a year passes then they have to start all over again form the very beginning

This is all so individuals who dont know the procedures can get access to justice

but is abused by certain companies and lawyers to game play.

Give it a short while and then go to your moneyclaim online account and ask for the matter to be formally dismissed.

It is now 2018. I have just received a PCN from Parking Eye. How did your case go?

Resolved in post 81

You need to start a new thread

And complete the forum sticky as at the start of this thread

PE have given up and gone away. I’d like to say a huge thank you to everybody who generously gave up their time and shared their extensive expertise to help me achieve this outcome.

just don't throw away all the correspondence-they might have another go if they need the money. you know now not to worry about their empty threats but do not ignore a Letter before Action. come back to us then.

you mean they have sent a notice of discontinuance?

Sorry I had forgotten to update this thread.

MCOL confirmed that PE failed to respond to the court when asked how they’d wished to proceed.

As result of their non compliance the judge put a stay on the case and have advised PE that should they wish to resume this claim they will need to submit an application to the court and explain why they want the case to resume.

Obviously there will be a fee to do (£255) which considering the claim itself is for under that amount I think it’s safe to say PE won’t bother pursuing this further.

I have made a donation to the site as I’m am very grateful for all the help I’ve received,

stayed claim ok

thanks the donation..

well done for you.

Always glad when people come back and tell us what happened, it all helps the next person.