parking eye court papers

[kelly11]

i know i have just finished dealing with an athena parking charge and won

 

but have now received in the post a court claim form from parking eye about an incident in october last year.

 

as the husband is away working his post still comes to the flat, but i dont open it.

 

i only opened this letter as i saw the word defendant.

 

when i opened the letter i saw the words county court claim form

 

i have just opened the rest of his letters to find 2 other letters from parking eye that i knew nothing about.

 

one dated 6th december and the other 21st december.

 

i have only a few days to fill out the claim form for the court on my husbands behalf and

 

im really stuck on what to write.

 

the form is confusing me no end,

 

and im starting to really stress about it.

 

the whole bill is for £165, and i wil not pay a penny.

HELP!!!!!

[kelly11]

i have just read the sticky thread about court forms and have joined the other forum for advice aswell.

[stu007]

Hi Kelly11

 

Could you let us know the following:

 

Name of Claimaint?

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Could you please type up the Particular of Claim (POC) verbatim less any identifiable data and round the amounts up.

 

What is the value of the claim?

[f16]

Hi kelly11,

Any information as to "free parking time" or "pay and display": Will also assist in correct defence.

 

This bit is a joke.... Is your husband related to Mr Magoo ?

You will be OK.. Don't stress

F16

[kelly11]

Hi Kelly11

 

Could you let us know the following:

 

Name of Claimaint?

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Could you please type up the Particular of Claim (POC) verbatim less any identifiable data and round the amounts up.

 

What is the value of the claim?

 

the name of the claimant is parking eye

 

date of issue is 17th march

 

poc- claim for monies from the defendant, as registered keeper, in relaton to a parking charge, issued 02/11/2013, for parking on private land in breach of the terms and conditions (the contract). Parking eyes automated number plate recognition system, monitoring swan hotel............, captured vehicle ......... entering and leaving car park, parking without a valid paid parking ticket. the signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by parking eye ltd, and is a paid parking site, along with other ts+cs by which those who park on site agree to be bound. in accordance with the t+cs set out on the signage, the parking charge became payable. notice under the protection of freedoms act 2012 has been given under sch 4, making the keeper liable. this claim is in reference to the parking charge .................

 

value of the claim is : £100 ammount claimed, £15 court fee, £50 solicitors fee. Total of £165

[kelly11]

Hi kelly11,

Any information as to "free parking time" or "pay and display": Will also assist in correct defence.

 

This bit is a joke.... Is your husband related to Mr Magoo ?

You will be OK.. Don't stress

F16

 

according to the letter it was a paid parking place. still would have only cost the company around £1, so no way in hell am i letting him pay £165.

 

as for mr magoo, i have no idea who he is, but if he is an @sshat, then yes, my husband is a bit like him. i also told him if he couldnt park a damn car properly to get a bus.

 

thanks F16.

[mch1991]

http://www.parkingcowboys.co.uk/

 

http://parking-prankster.blogspot.co.uk/?m=1

 

plenty of information on these websites in regards to Parking Eye and successful court cases which Parking Eye have been well and truly spanked.

[kelly11]

anybody

[honeybee13]

anybody

 

Hello kelly.

 

What sort of help are you looking for please?

 

HB

[kelly11]

Hello kelly.

 

What sort of help are you looking for please?

 

HB

 

i have read one of the stickies about the court claims and

 

am trying to follwo the steps involved.

 

i will be sending of the AOC saying i wish to deny the whole claim.

 

then i have joined the other forum stated as being good for this sort of advice.

 

but all the relpies i seem to get are very long winded and full of words i dont understand, which is confusing me no end.

 

i would love a step by step way of how to deal with the court claim in words a simpleton could understand.

[honeybee13]

Thank you for that, Kelly.

 

It's not my subject but I have alerted the site team to your need for advice. Other forum members may be along also. In case you don't know, it's normally quieter here at the weekend, so please bear with us.

 

HB

[kelly11]

Thank you for that, Kelly.

 

It's not my subject but I have alerted the site team to your need for advice. Other forum members may be along also. In case you don't know, it's normally quieter here at the weekend, so please bear with us.

 

HB

 

no problem. thanks for replying.

[honeybee13]

 

hb

[f16]

Kelly11

I'm not up on the "legal" stuff otherwise I would give somemore input.

That said You know there is "Good advice" on CAG.

Looks like one for "ericsbrother" or "esmerobbo".

 

PS. Mr Magoo was a very short sighted cartoon character.... Google him

Have a good Sunday.

[esmerobbo]

Hi Kelly, first things first

 

you cant do this on your husbands behalf he has to defend this and sign everything.

 

Only your husband or a solicitor acting for him can deal with this, although you could assist at court if you wish.

 

Unfortunately there is not a simpletons guide to defending a court case.

There is plenty of stuff out there to build yourself a good case,

but you are going to have to build your argument,

understand it and possibly deliver it to a judge.

 

However once you acknowledge and say you will defend you will have a while to learn what to do.

Depending on were you are it could take a while to actually get to court.

 

Its going to take some time and some work, but you can do it if you are willing.

 

You need to start at the beginning write down exactly what happened and what they claim happened, do it step by step.

 

Their first point will be that you entered a contract with them by reading their signs.

 

So you would ask them to prove they were entitled to offer you a contract under the contract they have with the landowners.

 

You would check that the signs were there and that you could read them easily.

 

Take it step by step and counter everything they claim.

 

All the information you need is in Pranky's defence, you just need to mould it to your case.

[kelly11]

Hi Kelly, first things first you cant do this on your husbands behalf he has to defend this and sign everything. Only your husband or a solicitor acting for him can deal with this, although you could assist at court if you wish.

 

Unfortunately there is not a simpletons guide to defending a court case. There is plenty of stuff out there to build yourself a good case, but you are going to have to build your argument, understand it and possibly deliver it to a judge. However once you acknowledge and say you will defend you will have a while to learn what to do. Depending on were you are it could take a while to actually get to court.

 

Its going to take some time and some work, but you can do it if you are willing. You need to start at the beginning write down exactly what happened and what they claim happened, do it step by step. Their first point will be that you entered a contract with them by reading their signs. So you would ask them to prove they were entitled to offer you a contract under the contract they have with the landowners. You would check that the signs were there and that you could read them easily. Take it step by step and counter everything they claim. All the information you need is in Pranky's defence, you just need to mould it to your case.

 

thanks, i will send him the papers tomorrow and he is going to get his solictitor involved.

[AndyOrch]

Hi Kelly

 

Okay you have 33 days in total if defending the claim....(5 deemed served so 28 remaining) you have 19 days from the date on the claim to acknowledge service and state your plea...you can do this on-line once registered to use the service...your password is already on the claim form.

 

You then have a further 14 days to submit your defence...acknowledge service for now this will then allow breathing space to prepare your defence and gather all relevant informant in support of your defence.

 

Regards

 

Andy

[kelly11]

Hi Kelly

 

Okay you have 33 days in total if defending the claim....(5 deemed served so 28 remaining) you have 19 days from the date on the claim to acknowledge service and state your plea...you can do this on-line once registered to use the service...your password is already on the claim form.

 

You then have a further 14 days to submit your defence...acknowledge service for now this will then allow breathing space to prepare your defence and gather all relevant informant in support of your defence.

 

Regards

 

Andy

 

when you say agnkowledge service do you mean to tick the option 'i intend to defend part of this claim'? or that i intend to defend all of it.

[AndyOrch]

No its a 2 part process you acknowledge service first then you state your plea...to only defend part of the claim results in an automatic CCJ...it must be defend all.

[kelly11]

No its a 2 part process you acknowledge service first then you state your plea...to only defend part of the claim results in an automatic CCJ...it must be defend all.

 

thanks xxx will tell the husband that

[ericsbrother]

You are defending all of the claim. A full defence can be entered later, when teh court gets your form back it will set about doing an allocation to your local court and this will cost PE more money. Parking eye have a habit of sending out reams of paperwork that contains misleading information and downright lies in an attempt to browbeat people into paying up. Dont be concerned by it.

Your hubby can write to PE and demand to see the contract between the landowner/occupier under civil procedure regulation 31.15 or 31.16 and if they dont send it they will be in trouble with the judge so get a letter off to them pronto as it will give time to ask for claim to be struck out if they dont respond.

[AndyOrch]

You cant use CPR 31.16 once litigation has commenced...its for pre action disclosure only and CPR 31.15 can only be used if the documents are already disclosed as in Standard Disclosure to request sight of said document....

 

So neither of the above are applicable...

 

Regards

 

Andy

[kelly11]

i am sending the documents to my husband 2moro morning along with a step by step guide on the process (taken from the sticky about court claims). he will be getting in touch with his solicitor as soon as he gets the letter to sort out his defense statement.