Parking Eye court papers **Discontinued - but no Notification**

[SabreSheep]

What i would do is the following.

 

Wait for the directions questionaire to arrive from the court. Accept mediation as this is proof u r being reasonable. Make sure court recieve it before deadline.

 

Once that is recieved contact mediation team to make your availability clear for mediation.

 

Wait for directions from the court. This should show it being transferred to your local court thus ending the process on mcol.

 

Then chase every week with court for progress. U will be waiting for more directions from the local distric judge which orders document exchange and for PEye to pay hearing fee.

 

Put any correspondence from p e to one side for later. Reply to P Eye ONLY to say that you will be following the court process and that you invite them to submit their notice of discontinuence to both you and the court

[queensclose]

looking for to seeing parking eye getting wooped yet again.

[bd1972]

I have logged into mcol tonight and

 

 

my case as been transferred To a court not local to me even though we requested it.

 

 

But the court it has gone to has the same name place.

 

 

Do we ring a tell them or write to them.

[dx100uk]

yes no harm

they've probably not checked your postcode properly.

town with same name

often happens.

 

 

dx

[bd1972]

Thanks dx does this mean we are definitely going to court now its been transferred

[dx100uk]

not necessarily

 

 

that's std practice

 

 

you'll get the Directions questionnaire pack first I think

 

 

dx

[dx100uk]

ah post 76 refers already

 

 

dx

[bd1972]

Thanks for your help.

[f16]

bd1972,

 

Keep following advice. .....................

Your doing fine.

My bet is they are gonna "fold". ..... If not they're deffo gonna get a good "spanking" at Court

[bd1972]

Hi guys just thought i would update. We have now been reallocated to our local court. Is it just a waiting game or is there anything we ahould be doing while we wait.

[ericsbrother]

for the moment you wait. It is likely that you will get a letter asking if there are any cases that you want to mention that are currently stayed that may have an effect upon the allocation of your case. You say PE v Beavis which is due to be heard this month.

Have PE responded to your CPR 31.15 yet? If not ask the court for the claim to be struck out as having no locus standi.

[bd1972]

Ive got no reply from parking eye. But we did have a letter stating they now realise that we were genuine customers and offered us to settle at £60.

[ericsbrother]

Why would you settle at £60 when they now agree you owe nothing? This is a common trick so just keep the letter and show it to the judge as proof that their claim is not a genuine pre-estimate of loss otherwise they wouldnt settle for that when additional costs of £50-100 have been incurred. No proof of contract with landlord will sink their claim and they know it. They are on the way to a spanking so they hope you are gullible.

[f16]

Ive got no reply from parking eye. But we did have a letter stating they now realise that we were genuine customers and offered us to settle at £60.

 

Ha Ha. That speaks volumes.

They're gonna bail. ... If not they've just lost the case.

[bd1972]

Hi guys this morning we teceived a court date of 24th March. We have to swap and register documents by the 5th. Firstly thry have to pay the fee. What shall we do now as we havent got the foggiest as its our first time for a court hearing.

[dx100uk]

so DQ/AQ stage?

 

 

dx

[bd1972]

Sorry i dont know dq or aq means

[dx100uk]

read the thread back its all here

 

 

post 76

 

 

dx

[bd1972]

Ericsbrother do you think this letter is suitable to send to the local judge asking for a strike out.

 

Dear Judge

 

Having written to Parking eye on the 6**** . Requesting sight of the contract between the landowner and themselves which shows they have a legal right to bring court action in their own namE under CPR 31.14 I am now asking for this claim to be struck out as it is vexatious. As they have not provided any proof of locus standi. As Parking Eye at the time of writing this letter as failed to deliver any reply to this.

[bd1972]

Anyone do you think this ok.

[ericsbrother]

you can send it but there is a form for such an action, I cant remember the number but you should be able to look it up, it is one of these forms that serves several purposes. The letter may well not be read by the judge until the day but if you dont hear beforehand the first thing you should tell him is about the letter and the fact that PE havent shown that they have a right to appear. If they do send the requested contracts etc to you less than a fortnight before the hearing complain about that as well as by doing so it will put them off introducing any new evidence on the day (yes, they nearly always try that)

[bd1972]

Ive had a quick look and it leads me an N244 formwhich i canuse to apply for a strike out. On the grounds of the failureto deliver on the request of CPR 31.14. Does this form ring a bell.

[ericsbrother]

the reason for striking out is not the failure to respond to a discovery request but for failure to show a cause of action by way of responding to a CPR31.15 request for proof of a contract with the landlord that assigns the right to make claims and take legal action in their own name and therefore PE has no locus standi.

[bd1972]

Hi guys i have rang the courts and they have paid the allocation fee. Now how do i write a full defence i am struggling. Alsoi have sent the strike out letter with no response as yet.

[ericsbrother]

you will be given a date and an instruction to exchange documents. make sure you hit that deadline but dont be too early sending things as that will give them time to read through and make their claim to fit.