Parking Eye Court Summons

[Jabulani]

I've just had a summons for a parking infraction and have responded to it. Wish I had come across CAG first though. I filed for partial admission and offered £15 of the ridiculous £165. Can anyone advise me as to where that may leave me ? Would I be better or worse off or just the same? Can anyone advise on the following courses of action?

[themagician]

I've just had a summons for a parking infraction and have responded to it. Wish I had come across CAG first though. I filed for partial admission and offered £15 of the ridiculous £165. Can anyone advise me as to where that may leave me ? Would I be better or worse off or just the same? Can anyone advise on the following courses of action?

as before more information required to help you! who/when/where.

[renegadeimp]

If you file for partial admission, then youve just gotten a CCJ for that amount. You should have contested it ALL.

 

Also, as Themagician stated, can you give some background to this?

[Jabulani]

What is a CCJ?

I didnt pay for 40 min in a PE managed parking lot where there is 20 min free. The charges were £1.80 / hr and as I was in there for 20 min over the free time, this amounts to £0.60 I for which they felt justified to try and claim £165 in penalties. They sent me the obvious paperwork to which I never responded. After a while I received a Claim Form from Northampton County Court. To which I filed for partial admission and agreed to pay £15 of the full amount. Is that enough background?

[themagician]

What is a CCJ?

I didnt pay for 40 min in a PE managed parking lot where there is 20 min free. The charges were £1.80 / hr and as I was in there for 20 min over the free time, this amounts to £0.60 I for which they felt justified to try and claim £165 in penalties. They sent me the obvious paperwork to which I never responded. After a while I received a Claim Form from Northampton County Court. To which I filed for partial admission and agreed to pay £15 of the full amount. Is that enough background?

county court judgement.where did the amount of £15 come from? to cover what.

very patchy info ,how many letters before it got to £165 ?.and then you came on here.

Edited October 28, 2013 by themagician

[Jabulani]

It was a random figure. I thought PE may be tempted to accept something rather than nothing.

[ericsbrother]

They wont be accepting that so no real damage done as you can say that offer was your estimate of their liquidated losses for the overstay and administration. It is for them to prove that anything else they claim is a loss caused by your overstay and they have now stopped using this argument as it was 1) false and 2) not winning them any cases so now they claim for money as a "commercial justification" on the back of a breach of contract. The case law on this is a signed agreement between 2 parties where there was an agreed payment for non-performance, not a unilateral contract based on an advertising board

[renegadeimp]

THe point being that the OP has partially admitted the claim. Therefore he/she will get a CCJ for the amount he/she says he owes, providing PE doesnt contest it.

 

What the OP needs is a solid defence so they can change their defence and not admit ANY of it.

[ericsbrother]

No, PE will have their say as to whether they accept the offer by admission or go for the whole sum and I bet they wont want to accept £15 or everyone will offer that amount. The poster has basically accepted that he owes PE something and it will be down to PE to prove that the liquidated damages and admin is not met by this offer but the wording will have to be used by the OP in his defence (when PE turn his offer down) and then apply the usual arguments of any more being a penalty as the only losses are the 60p and the costs of their admin chasing up this sum. PE will claim that the extra is for a breach of contract but if you are contracted to pay 60p then how can a breach be worth an extra £100? It has to be a penalty charge for breach of conditions and not a loss by PE otherwise they would be charging about £50 an hour for parking.

[ericsbrother]

It would be brilliant to think that PE would accept £15 but they would go bust with their current business model.

[Jabulani]

I sent the partial admittance form off on sunday 27 October, so will update once I hear their response. If anyone can advise on what the next step would be should/when they refuse the offer, it would be appreciated. I would like to try stay one step ahead of the game if possible. Thankseveryone for the input so far..

[Jabulani]

I have now recieved a notice to proceed in small claims court. The reason it's taken so long is i moved house not long after I began receiving the mails. What would the next step be? I live in Cornwall and have been summoned to Northampton County Court. ANy help?!

[Jabulani]

I have also been asked to complete a small claims questionnaire, I have the option of not attending and using a telephonic mediation service. My reply is requested before the 12th Dec and is to be served on both parties (court and parking eye).

[honeybee13]

Hello there.

 

I've alerted the site team legal guys to your thread. Can you type up the Particulars of Claim minus any personal info please? That should help us to advise you.

 

My best, HB

[esmerobbo]

If you acknowledged the claim and stated you wish to defend in full then it should've been transferred to your local court.

[Jabulani]

Claimant : PARKINGEYE LTD 40 EATON AVENUE Amount Claimed£100.00Court Fee£15.00Solicitor Costs£50.00 Total Amount£165.00Issue Date08/10/2013

[Jabulani]

Is that enough info, if there are other details that would be more helpful, let me know and ill get them together.

[ericsbrother]

You have not been summoned to Northampton, this is the court that sends out all of the online claims. When you fill out the defence form the case will be allocated to your local court or another court of your choosing if you have reasons not to attend the local one.

When you fill out the questionnaire you need to indicate you deny the claim in its entirety and do not want mediation or a paper hearing. Mediation is pointless and the paper hearing, although saving you the expense and worry of attending your local court saves Parking Eye a fortune in having to send their solicitor to Cornwall. The reason you have got this extra from the original claim is because PE havent accepted your £15 offer so are going for the full sum. This is a risk for them but they would never make £13million profit a year of they just accepted £15 when they are owed nothing at all so there you go.

We now need to know the exact particulars of claim, this is why they say you owe the money. Usually it states that you owe this for parking without aithorisation and then goes on about their terms of contract. List everything so it can be picked apart and advice given taking into account recent court decisions. Get you paperwork off before the deadline and then you have more time to compose a full defence

[AndyOrch]

Considering you have received the DQ N180 you have already submitted your defence?

 

Regards

 

Andy

[Jabulani]

Not that I know of andyorch.

 

Erics brother, if you go back to the earlier posts, I filed for a partial admittance before I found CAG. I offered to pay £15 as a token amount. They have refused the partial payment and served me notice to proceed. I have recieved a copy of the DQ N180 now and also have about 30 pages of PE write up . Beginning reply to defence. This is so confusing if youre not familiar with the system!

 

It sounds like my reason for partial admittance has been taken as my defence and they have replied to my defence. It sounds like the machine is in motion, I'm def not in control of it though! Can I get send a scanned copy of the docs through to someone?

[ericsbrother]

No, it means that you have to submit a full defence by a certain date. Have you had the allocation notice yet? this will tell you what court will deal with your case. If you have been asked to indicate whether you want mediation suggests that this hasnt happened so just the return of the allocation form is all that is necessary and you then have a couple of extra weeks to make available your full defence.

Make sure that you choose small claim track and ask for nearest court. Did the PE paperwork come with the court form or directly from them? If the latter you neednt worry yourself too much as they like to send out reams of paperwork in an attempt to make you think all is lost and pay up. This could be construed as coercion. If the former, they know very well that this is just the beginning and are trying to coerce (they would claim persuade you to see your errors) you into paying up.

[AndyOrch]

The DQ is the allocation process which follows a defence submission and signifies the claimant response to proceed.

[Jabulani]

I have a notice of proposed allocation with me now, it has attached to it the N180 which needs to be completed, and a copy served on both parties. The doc from PE is their own documentation and not from the CC. Though all details are specific to this case, my name and the carpark where the "sin" was committed.

[ericsbrother]

Yep, PE are trying to frighten you into giving up. This is a risky strategy as you could complain that they are using the court process to intimidate or coerce you into coughing up. they will probably say that they win x% of their cases at court so this is unture but if they lose more than 50% then their argument would fall down. 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.

[AndyOrch]

Jabulani when you submitted your Partial admittance did you clarify on the N9A any form of defence or reason as to your plea?