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Parking Eye Claim Form Received - help please! - ** WON **


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Not quite sure. My son contacted the court and they said they had been having technical problems but they confirmed receipt of the Defence and that we should have written confirmation from them in @ 4days. I was hoping to post again when we have this - tomorrow or Friday. Will post a note here. Thanks again.

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Hi Mike. Confirmation from the Court received today that Defence has been filed and passed on to PE. Note to self:

1. Respond in good time

2. Web based responses don't always work on this site - so file manually

3. Contribute £45 to CAG when matter settled this being, in my opinion, the amount a 'reasonable' charge would have been for overstaying the parking limit.

 

Shame about the decision announced in the High Court today about PE, I'm sure this will get sorted out on Appeal.

 

Thanks again, good to have the help of experts.

 

Cheers

John

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  • 5 weeks later...

Hi,

 

PE have responded to my sons Defence (copy attached). First part relates to the Claim then they seem to have done a copy and paste job as if my son was there and had seen all their pretty sign-age. Doubtless my son will win the day from just being honest, but would appreciate it if you could cast your eye over what these rouges have responded with in case he does need to ask the new owner to come along and state the facts.

 

Thanks again.

John

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They killed a tree to print that garbage on, not sure why it bothered responding [where's the other 11 pages]?

 

There is no onus in tort or contract to respond to its invoices, never has been and probably never will be all the time I've got a hole in my a***

 

Send it a copy of the invoice which I'm sure you prepared at sale and have safely tucked away along with a demand for your reasonable costs of serving it same. State that you view its request for disclosure and evidence as a part 31 request and per CPR 31.15 you now require payment of your reasonable costs forthwith.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

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They killed a tree to print that garbage on, not sure why it bothered responding [where's the other 11 pages]?

 

There is no onus in tort or contract to respond to its invoices, never has been and probably never will be all the time I've got a hole in my a***

 

Send it a copy of the invoice which I'm sure you prepared at sale and have safely tucked away along with a demand for your reasonable costs of serving it same. State that you view its request for disclosure and evidence as a part 31 request and per CPR 31.15 you now require payment of your reasonable costs forthwith.

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

 

Thanks Mike,

 

The other 11 pages were just dross; picture of the car in the car park, copies of their ever increasing invoice, etc nothing that appeared relevant. Not sure why they feel above the law in everyone having to respond to their invoices and demands. Perhaps they can explain this to the Judge if they dare show their face in court..

 

I'll have my son make an extra search for that Bill of Sale you mentioned.

 

Does my son respond to this or should he simply wait for the Court papers to come through with the date and respond then?

 

Thanks again

John

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I'd respond..... it knows its on to a loser so its just chancing its arm at the mo, seems commercial suicide to me to press on in the absence of cause. You could wait for it to go to trial but you run a 50/50 chance of the dj asking why you didn't respond.

 

It's set its level of proof [POFA previously noted] at DVLA correspondence or a copy of the sale invoice. What options persist for it when the requested proof is provided?

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  • 2 months later...

Mike,

Nothing for ages now a letter from the Court saying:

 

1. Claim stayed pending appeal of claim to the Supreme Court

2. Claimant shall inform the Court once the Supreme Court's judgement is delivered

3. Any party affected by this order may apply to have it set aside, varied or stayed..

 

I could be wrong but it sounds like PE have others in the same position as my son.. will keep you posted. PM me if the details (names) are of interest.

 

Thanks again.

John

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I'm not entirely sure why the court has chosen to stay the case, if it was on application it would/should have been on notice so I can only assume the court is acting of its own volition.

 

Might be useful to email copies of correspondence to the court and ask that they be placed before a judge to decide whether the Supreme court case has any bearing on yours, alternatively you could just let the process continue on notice.

 

Did you serve it copy bill of sale and if so did it respond?

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Yes a copy of the Bill of Sale was obtained from the purchaser of the car and submitted with my sons Defence. The case though does not appear to relate to the PE v Beavis case in front of the SC. Happy to let things play out, but I can't see it has any baring on my sons case.

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Copy correspondence should be on file anyway, email to ccbcdefendants............

 

Usual case number and parties in the subject line

 

Case reference ..............

My reference ........

 

By email only

 

[email protected]

 

 

The Court Manager

County Court Business Centre

St Katherines House

Northampton

Northamptonshire

NN1 2LH

 

xxxxx July 2015

 

Dear sirs

 

Please find attached for filing with the court.

 

Regards

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  • 7 months later...

Finally, it went to court - they didn't turn up, they sent a letter the next day saying we had settled and they were dropping the case - news to me, didn't pay a penny apart from the contribution o this site - good job guys, and thanks again..

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Finally, it went to court - they didn't turn up, they sent a letter the next day saying we had settled and they were dropping the case - news to me, didn't pay a penny apart from the contribution o this site - good job guys, and thanks again..

 

Well done for the perseverance. :clap2:

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