Help with Parking Eye please

[R0b]

Re: Help with Parking Eye please

I'll take a look properly when I get home tonight but you can amend the defence by the consent of PE, you could try doing this but they may very well ignore you and have to be forced to apply for permission from the Court to amend the defence. I can see the DQ needs to be in by the 27 Feb so I would suggest any application to amend be sent no later than that date. The later the application, the less likely it is going to be granted.

There are some rules on amending the defence which I can go into later, but be aware PE may consider that costs should be paid if they need to amend their statements of case, which is usually borne by the person making the application to amend. However, generally, applications to amend should be allowed provided there is no prejudice to the claim and that the amendment is not at such a late stage and the other party can be compensated by way of costs.

As there is no trial date yet, there should be no reason why the court will not grant the application and you don't normally need to provide any witness evidence to support the application unless it is being contested, hence the need to contact PE first and see whether they will contest it or consent to it.

If an application is granted then a court will usually order the defence to be filed within 14 days of the Order and serve the defence on PE.

[R0b]

Re: Help with Parking Eye please

I've attached a Word version of the N244 Application, and the following is simply an example of how to complete the application. As I mentioned before, it may be best to contact Parking Eye and explain that you intend on making an amendment to your defence and whether they consent or not. You can go on to explain that the claim is yet to be allocated and no trial date has been fixed. The claim is therefore still in its early stages and there should be no reason to object. If they don't reply to you or unreasonably object, that could give grounds to seek costs of the application for unreasonable conduct.

1. Insert name of Defendant as it is on claim form

2. Other: Your name (Defendant's Mother)

3. On behalf of the Defendant, I am asking the Court to make the following Order (a draft is attached) that the Defendant may amend the Defence in accordance with the draft Defence attached to enable the Defendant to fully plead his/her case, and so that Court may determine the real issues between the parties.

4. Yes (I would attach a draft as it makes the judge's job easier)

5. I would suggest without a hearing or if need be a telephone hearing, but you could also suggest a hearing though a hearing is likely to involve further costs on both sides.

6. 15 minutes / not agreed by all parties

7. Leave blank as no trial date is fixed

8. District Judge

9. Claimant

9a. Blank

10. Tick the attached statement of case for your amended defence. Again, you can put in a witness statement of support but perhaps only necessary if you think PE will object or they have given their object. Again there should be no reason why to object if the party can be compensated by costs.

Points to note

- @mystery1, when attaching the draft amended defence, you will need to highlight any additional wording in red and underlined, and you can put at the top of the defence in paragraph 1 if you like "This Defence is intended to supersede the Defence dated ......... in its entirety"

- Assuming there are substantial changes to the defence, it will need to be re-verified by a statement of truth, that would mean signature from the Defendant.

- On the presumption that the court grants permission to file the amended defence, you will need to add underneath the heading 'Defence' the following endorsement: "Amended Defence by Order of District Judge .................. dated ......... 2017"

- It would be prudent to attach a draft order to the application too.

[Georgie15]

Re: Help with Parking Eye please

Hi Rob & M1 and thank you very much

It has all gone over my head but attached is what I have done so far as per your instructions above

Thanks again

[R0b]

Re: Help with Parking Eye please

I have managed to fully read the thread now, so apologies if this sounds like a step backwards but I think you ought to be aware of the circumstances and I am not so sure in this situation it is straightforward.

Applications on behalf of someone may only be conducted by certain people which are legal representatives, litigation friend or themselves. Given the circumstances your son is in, it is difficult for him to defend such matters and perhaps a court may allow you to act on his behalf instead. The problem I foresee is that signing and submitting the application in your name is likely to amount a a reserved legal activity which if you are not qualified, would amount to a criminal offence and it is possible PE may pick up on this, though unlikely.

So I am thinking perhaps that the application ought to be two-fold, to amend the defence and for you to act on his behalf, which is also known as a litigation friend. Litigation friends would normally need to fill out an application and apply to the court using this form https://formfinder.hmctsformfinder.j...k/n235-eng.pdf and that and reasons can include where the person does not have the mental capacity but i've never really come across a case where the person cannot physically attend due to imprisonment.

I've never done a litigation friend application so I don't know how it works in practice. I would imagine that the court may have some sympathy and it would be unfair to carry on proceedings in his absence, the court could either stay the claim until he is released (any time soon?) or allow you to act on his behalf. Either way, I would imagine that the judge might want a hearing on that to establish what's going on and for further directions.

If the matter went to trial, you wouldn't have the right to address the court because your son isn't present, so perhaps it may be wise that a hearing application is made and see what happens. I am not aware of any other way to get around this, not from the top of my head.

[Georgie15]

Re: Help with Parking Eye please

Hello Rob & M1

Thank you for all your time helping me with this

I now have no idea what to do - Sons release date is May 2018. At the time of the alleged parking offence he was in receipt of DLA for various mental health conditions - ADHD, Aspergers, Learning Difficulties, ODD etc and I can prove this to the court.

If the Parking charge reminders had been received within the discounted time I would have just paid them - it was only by looking online after they were received that I realised the first one dated 15/10 and issued 2/11 may be out of date.

I am still waiting for his authorisation for me to speak on his behalf to arrive - this could take some time although for now I have verbal authorisation

I have posted the form for your approval - I realise I have to delete the following paragraph on the form but I will have to do this manually:

*I undertake to pay any costs which the above named claimant may be ordered to pay in these proceedings subject to any right I may have to be repaid from the assets of the claimant.


Again many thanks for all your time and help

[Joanna C]

Re: Help with Parking Eye please

Hello Rob & M1

Thank you for all your time helping me with this

I now have no idea what to do - Sons release date is May 2018. At the time of the alleged parking offence he was in receipt of DLA for various mental health conditions - ADHD, Aspergers, Learning Difficulties, ODD etc and I can prove this to the court.

If the Parking charge reminders had been received within the discounted time I would have just paid them - it was only by looking online after they were received that I realised the first one dated 15/10 and issued 2/11 may be out of date.

I am still waiting for his authorisation for me to speak on his behalf to arrive - this could take some time although for now I have verbal authorisation

I have posted the form for your approval - I realise I have to delete the following paragraph on the form but I will have to do this manually:

*I undertake to pay any costs which the above named claimant may be ordered to pay in these proceedings subject to any right I may have to be repaid from the assets of the claimant.


Again many thanks for all your time and help

I would enclose a letter of authority signed by your son. Is your son still in receipt of DLA - if so then enclose evidence of his entitlement too.

[Georgie15]

Re: Help with Parking Eye please

Hi Joanna and thank you

I am waiting for the authorisation from my son....Ive been waiting since December as I needed it for something else and he says hes done it so maybe theres a problem at the prison end. Ive been acting on his verbal authority.

When a person is sent to prison DLA is stopped so no he isn't in receipt of it now but he was at the time of the alleged offence

Thank you

[mystery1]

Re: Help with Parking Eye please

Have you spoken to management of Holiday Inn Express at all ? They may get the whole thing cancelled (sometimes Parking Eye would demand £60, some companies will pay that and others won't but offer you the chance to do so).

Social media is another avenue of attack to shame them in to helping should it be needed.

Also can you not fill in forms and take them in to be signed in person ?

M1

[Georgie15]

Re: Help with Parking Eye please

Hi M1

Yes I've tried Holiday Inn on two different occasions to speak to different people and they're not interested even though I told them that I know for a fact they can cancel the tickets. I even explained that I would be willing to pay the discounted fee if they could help me with that but they were just unhelpful

No the only thing that can be taken into the prison on a visit is the locker key provided and the 'prison money' for the prisoners tea bar.

Thanks

[mystery1]

Re: Help with Parking Eye please

Hi M1

Yes I've tried Holiday Inn on two different occasions to speak to different people and they're not interested even though I told them that I know for a fact they can cancel the tickets. I even explained that I would be willing to pay the discounted fee if they could help me with that but they were just unhelpful

No the only thing that can be taken into the prison on a visit is the locker key provided and the 'prison money' for the prisoners tea bar.

Thanks

https://twitter.com/HIExpress

https://twitter.com/IHGService

https://www.facebook.com/HolidayInnExpressUK

https://www.tripadvisor.co.uk/Hotel_...n_England.html

Sometimes you speak to the wrong person. Post the picture of the claim form (without personal info such as address) with appropriate comments. Some companies hate bad publicity.


Have you told the prison about legal proceedings and asked if he can read/discuss them ? Would seem strange not to allow an inmate to defend themselves ?

M1

[Georgie15]

Re: Help with Parking Eye please

Hi M1

I will start on social media tomorrow.

Do you believe as I do that the pcn dated 15/10 is out of date which is why they're just concentrating on the one dated 26/10?

Should I post the parking charge reminder saying it was received so many days after the discounted period had ended? If not what claim form shall I post as I seem to have so many forms now it's overwhelming

Thank you

[mystery1]

Re: Help with Parking Eye please

Do you believe as I do that the pcn dated 15/10 is out of date which is why they're just concentrating on the one dated 26/10?

Yes.

Should I post the parking charge reminder saying it was received so many days after the discounted period had ended? If not what claim form shall I post as I seem to have so many forms now it's overwhelming

The court one for £175 signed by Roseanna Breaks (i assume it's her anyway)

M1

[Georgie15]

Re: Help with Parking Eye please

Re social media and the claim form ~ I will begin tomorrow

I've just looked through the box of paperwork I have here and have noticed the following:

PCN dated 15/10 = PCN reminder dated 02/11 received, Final Notice dated 08/12 received, DRP letters dated 04/01, 18/01 & 02/02 received

PCN dated 26/10 = PCN reminder dated 02/11 received, letter dated 07/12 demanding £100 received, Court Claim form dated 16/01

So no final notice for PCN dated 26/10 received or any letters from DRP

Re the prison: It's a call centre that you ring and they aren't very good. All requests have to go in writing to the Prison Governor which would take much longer than it is already taking. I did ask when I was there last week. . I would imagine that the inmates solicitors use a different route.

Thank you

[Georgie15]

Re: Help with Parking Eye please

Hi All

I'm not having any luck with Social Media - I did get a reply but they're asking for booking details, reservation numbers etc etc and as he was just meeting people there I don't have what they need.

Have I been forgotten or am I just beyond help?

On the plus side no paperwork has been received through the post for a couple of days now

Many thanks

[Kati]

Re: Help with Parking Eye please

[MENTION=7765]Joanna C[/MENTION] [MENTION=87380]Diana M[/MENTION] ... any chance you'd help out with an application to amend a defense please??

Fee exempt and defendant in prison.