Parking Eye Court Summons

[Jabulani]

Ericsbrother : Saying "However, you neednt worry about what they say, stick to your requirements as you have nothing to lose by doing so and PE have everything to lose." does that mean they will not claim any more than the £165? At worst case?

[Jabulani]

Andy Orch : I did.

[AndyOrch]

Andy Orch : I did.

 

Ok so the claimant has rejected your partial admittance and is proceeding with the full claim...hence the allocation DQs.You need to submit them by the date stated and serve a copy on the claimant.

The Court will then issue a Notice of Allocation to SCT and advise further re timetable and directions.

[ericsbrother]

They have stated that this is the sum they have lost by your action. They cannot cahnge their mind and demand more. What they can be awarded is their travel costs, same as you can be awarded yours. If they lose, they lose a lot more than you do because their costs are greater and dont go away so sometimes they dont bother paying the allocation fee and the it all dies a death. They have included the fees and costs in their claim that they havent actually paid yet so would profit immensely if you paid up now.

[Jabulani]

Ok so the claimant has rejected your partial admittance and is proceeding with the full claim...hence the allocation DQs.You need to submit them by the date stated and serve a copy on the claimant.

The Court will then issue a Notice of Allocation to SCT and advise further re timetable and directions.

 

Scuse the naivety, but what is a SCT?

[Jabulani]

Ericsbrother :

see. SO actually if they do step up to it, I stand the chance of loosing the £165 claim and costs of travel and accommodation for their representative ? Not that i'll back down, but i like to know the risks up front.

[AndyOrch]

Scuse the naivety, but what is a SCT?

 

Small Claims Track

[Jabulani]

I guess ill get the N180 submitted to both parties then, ill keep you posted. Thanks all for the input!

[esmerobbo]

Ericsbrother :

see. SO actually if they do step up to it, I stand the chance of loosing the £165 claim and costs of travel and accommodation for their representative ? Not that i'll back down, but i like to know the risks up front.

 

PE use LPC law to represent them who will appoint a local bod to attend. They have not been very successful in claiming costs in all their reported victories, they don't talk about their loses!

[Jabulani]

Morning,

 

A quick question on filling out the N180.

 

- Should I ask for the courts permission to use the written evidence of an expert? It is a yes / no tick box?

 

Thanks

[AndyOrch]

Morning,

 

A quick question on filling out the N180.

 

- Should I ask for the courts permission to use the written evidence of an expert? It is a yes / no tick box?

 

Thanks

 

 

Only if you intend to call an expert...not sure why you would for a parking ticket?

[Jabulani]

Hi Again,

 

Update.

 

I have submitted the N180 to the CC and PE. And will now be waiting for the Hearing venue to be changed. Does PE have to have my defence ahead of the hearing, they have just asked for it? How much time do they have to pay in for the hearing before the CC drops the case for lack of action? What would you reccommend I do in preparation for the hearing ?

 

Thanks in advance

[ericsbrother]

You will need to send your defence paperwork to the court and to PE ahead of the hearing, usually a month or a fortnight ahead of the hearing date so you dont have to do it yet, the requirements will be on the paperwork you have received or will receive when an allocation date has been set. PE are asking for it so they can have you at a disadvantage/ decide whether to pay the allocation fee and they are not entitled to it yet as they havent given a full particulars of claim. How did they ask? by letter via the court or just bywriting to you off their own back? You can amke a complaint of harassment/using the court process to coerce you into paying up if you feel that they aremaking life difficult by their bombarding you with demands/rerams of paperwork all claiming that you should give up because.....

It is a standard tactic of theirs, even when they havent got as far as POPLA so collect the evidence and use it against them when the time comes.

[Jabulani]

Thanks,

I had previously contacted them asking for a POPLA case number but considering I hadnt filed an appeal within 28 days of the "charge" I had no grounds to do so. They let me know this and said

 

"Therefore we would suggest that if you wish to make any amendments or further points to your defence that you serve these to ourselves and the courts. ParkingEye will then respond to these as appropriate".

 

So it doesnt seem like thats as much of a lever as i'd hoped for!

 

I think in my case, as I hadnt used the appeal process, It will be down to whether PE chooses to pay the allocation fee and progress with the case and then if they do it will all be down to my defence and how watertight it is. I wish I found CAG earlier, im sure id be in a stronger position now.

[ericsbrother]

Your court date will be months away so stop worrying. keep reading the posts on this forum to keep iup to date and only respond to papers sent through the court. Leave PE alone and ignore anything they send to you that isnt part of their bundle. That will have the court case number on.

[esmerobbo]

As above relax now and enjoy christmas and the new year, I would guess at late spring early summer for a court date. You may be lucky the way its going for PE at court at the moment they may pull the plug.

[Chuck1es]

Hi,

Could someone please tell me how I start a new thread about this subject ? I watched the video and it told me to go to the general forum which I did, but there it told me not to post a new thread about a specific topic only a general topic. I've searched 'parking eye' and came across a lot of posts, but can only 'reply to a post', not start a new post. Am I being dumb ?

Thanks for your help.

[dx100uk]

Hi,

Could someone please tell me how I start a new thread about this subject ? I watched the video and it told me to go to the general forum which I did, but there it told me not to post a new thread about a specific topic only a general topic. I've searched 'parking eye' and came across a lot of posts, but can only 'reply to a post', not start a new post. Am I being dumb ?

Thanks for your help.

 

click

 

Private Land Parking Enforcement

 

start a new thread

down a bit on the left

 

dx

[Chuck1es]

Thank you very much

[Jabulani]

Right, I have recieved my court dates....I had hoped that Christmas would have slackened them up but no such luck. What would my next step be , any takers?

 

I have taken orders from the court to provide the court and the claimant with full details of my intended defence.

[Jabulani]

Hi all. Is there anyone at CAG that could advise me on my current situation?

[f16]

Help will arrive in a mo. I would expect if to roughly follow ericsbrother's #8 or it might be 9.

see what you are advised.

[ericsbrother]

They will have given you a date to exchange documents by, what is it? Do you have the full details of their claim or just the particulars of claim at the moment?

[Jabulani]

Thanks for the comms Ericsbrother : So far I just have the particulars of claim at the moment,and I need to exchange by the 13th Feb.

[ericsbrother]

there is a posting here that links to the transcript of a court case that PE lost very recently. The judge slams PE's understanding of their own contracts and rights so I suggest that as part of your defence evidence you print off and quote this case adn also make reference to the others on parking pranksters lists of cases lost by PE.

The recent one has a very interestig part at his point 5 where he says that the defendant had failed to offer all of the points that could have been raied in other judgements so make sure that you do not miss the opportynity to read those and pick out all the relevant parts.

You must put all of this together in a bundle and send a copy to PE and a copy to the court by the specified date. When you can, come here with a list fothe other decisions you intend to rely on and tehn your arguments. Plenty to include as PE have been stuffed recently and they ill ry and include the cases where they have won as part of their argument so where they have sent you a big bundle of stuff to intimidate you, turn it on them.