parking-eye county court claim

[Pompeyglenn]

Re: parking-eye county court claim

Hi M1, I got a letter to day (Judgement for the claiment) from Northampton court, statingthat I havent replied to the claim form and therefore I must pay the claiment £165 (£100 for the 'fine' & £65 for costs) I thought that when I applied for AOS that was me replying to the claim form. Please advise :-(

Regards
PG

[Amethyst]

Re: parking-eye county court claim

Bugger.

Ok you did AoS online, did you enter Defence as well, and did you send in your other documents (the WS etc from earlier in the thread) ?

I havent read the whole case so best to wait for M1, but you would have to apply to set aside the judgment as it has been given in default.

[Pompeyglenn]

Re: parking-eye county court claim

Hi Amethyst. the only thing I submitted was the AOS, all the other documentation, I posted on here for M1 so I assumed (maybe wrongly oops) that they (M1) was dealing with it. It doesn't say how long I've got to pay, it just says forthwith. As you say I'll waith 'til M1 gets back.

Many thanks
PG

[Amethyst]

Re: parking-eye county court claim

Ahhh oops okay.

Not a problem you can apply to set it aside if your case is good. (I don't know anything about the Parking Eye stuff so couldn't pass opinion whether it is or not I'm afraid) Maybe send Mystery1 a private message (click the username and it gives you the option)

The basics of set aside are http://www.legalbeagles.info/forums/...090#post413090 - just so you know what it is xxx

Forthwith is basically immediately - if you pay within 28 days you don't get a CCJ registered on your file.

[mystery1]

Re: parking-eye county court claim

Why didn't you submit the defence

What is the date on the judgement as it all appears a little too quick for me given they need to file an application under cpr 23 for default judgement and it's only 12/13 days over the time you had to file a defence. What were the reasons fr the default judgement

Now you do have a real prospect of successfully defending the case which gives a reason to set aside but you'll need to apply which costs money. £45 without a hearing or £80 with a hearing. Is it worth it ?

M1

[Pompeyglenn]

Re: parking-eye county court claim

Hi M1, I'm sorry but I thought the information I gave you would be sent by legal beagles (electronically) on my behalf, my mistake :-( sorry . The date on the judgement is 21/3/14 although I only received it 27/3/14. I applied for AOS on the evening 14/2/14. The reason they have given is that i didn't reply to the claims form (thought that was what the AOS was?).

The only letter I recieved was the current form headed - Judgement for the Claimant (in default) then it says. that i didn't reply to claim form and therefore I'm ordered to pay the claimant £100 + £65 costs to be paid forthwith. then a warning at the bottom in bold type saying goods maybe removed or other enforcement proceedings may be taken against me if I ignore this order.

Is it better to just pay the 'fine' and put it down to stupidity/experience or do I have a chance of beating these people.

Regards

PG

[wales01man]

Re: parking-eye county court claim

Put it down to experience Yes

Has LB started submitting defences into court?

[mystery1]

Re: parking-eye county court claim

It may be best to pay but i'd phone the court on Monday and clarify what has happened as it does sound a bit like AoS hasn't registered properly. It all seems very quick.

M1

[mystery1]

Re: parking-eye county court claim

Put it down to experience Yes

Has LB started submitting defences into court?

Not that i'm aware of. Some members write them or help to write them but as far as i'm aware it's always the user that submits them to the court.

M1

[Pompeyglenn]

Re: parking-eye county court claim

Hi guys, I contacted the court today and they had received my AOS, however, because i didn't send in any other paperwork etc they awarded judgement to the claiment. I could pay £80 and put my case forward and ask for the costs to be awarded if I was succesful. However, Mrs PG has had enough and rang PE up today and paid them - they even had the cheek to charge a further 70p for paying by debit card. Anyway guys thanks for all your help.

I think it would be advisable to let stupid people know (of which I'm one) that it is THEIR responsibility to send of any court forms etc for their defence and not yours as all you offer is advice. I realise no-one on here ever said they would forward forms etc on my behalf,it's just that I stupidly thought you did :embarassed: .

Once again, many thanks
PG