Help with Parking Eye please

[Georgie15]

Re: Help with Parking Eye please

Hi and Good Afternoon

We have today received another 2 letters - one from DRP and one which I presume is a copy of a mediation agreement sent to ParkingEye. I still have not received a reply to the email sent to PE asking what the court letters refer to although the automated response did say it can take up to 10 days. All 3 sanitised versions are attached.

I am confused re the mediation. It says it can be done on the telephone but clearly not with someone in prison although they do not know this yet? Also there was nothing enclosed with the mediation so I am unsure where its from or who has sent it. The envelope was handwritten?

I have also attached the acknowledgement of the defence I submitted to the court.

Thank you

[mystery1]

Re: Help with Parking Eye please

Well the DRP letter would appear to be for the one where the notice to keeper was too late. This leads me to believe the court case is about the other one which wasn't late ? Does that seem right ?

M1

[Georgie15]

Re: Help with Parking Eye please

Hi M1

Yes all three DRP letters have the date of offence as 15/10 /16. Are you saying that you think it hasn't been to court but straight to the enforcement agents?

If so what will be my next step with that? Also if that is the case then my defence I sent to the court is for the wrong parking charge!

Bearing in mind the RK has never actually received any parking notices only reminders way after the discounted period ended. Had they been received the 2nd one would have just been paid for but not the first as I noticed immediately it was out of date as I had seen somewhere about the 14 days.

It's all so confusing and such a mess as they haven't made anything clear. I'm still waiting for a response to the email I sent to PE asking what the court case refers to.

I'm also waiting for written authorisation from the RK to 'whom it may concern' to deal with me.

Many thanks

[mystery1]

Re: Help with Parking Eye please

I'm well confused.

I understood there were 2 tickets. 1 dated 15/10 and another 2/11 (if i recall correctly).

Only 1 was subject of the court claim. That would appear to be the 2/11 one ?

M1

[Georgie15]

Re: Help with Parking Eye please

Hi M1

Yes there are 2 tickets....one dated 15/10/16 (which I believe is out of date) and one dated 26/10/16 both issued on 2/11/16 hence the reason that I believe the one dated 15/10 to be out of date.

One has been to court which I defended. As there was no reference to which one it was, there was just a claim number, I wrongly believed it would be the one dated 15/10/16 so I submitted the defence as attached in a post above previously. Today I have received a 21 page document from PE (attached) which clearly shows, that as you correctly guessed, it is the one dated 26/10/16 that has gone to court hence I have defended the wrong parking ticket!

As I said previously I have no idea who sent the mediation paper it just came in a handwritten envelope.

What do I do now - should I write to the court and explain the 'defence' mistake and prove to them that all there is is a claim number and it is not clear which it refers to? Shall I tell them that the RK is in prison?

Does it not matter to anyone official that no parking charges were ever received only reminders which although said £60 can be paid instead of £100 they were received way after the discounted period ended!

I presume that the parking ticked dated 15/10/16 has not gone to court but direct to the baliffs - what do I do about this as I still believe it to be out of date hence it not going to court

I have today received the attached 21 page document!

Are ParkingEye actually allowed to do this to people...blind them with paperwork, send correspondence out late etc

Thank you and I hope you're not as confused as I am!

[mystery1]

Re: Help with Parking Eye please

I presume that the parking ticked dated 15/10/16 has not gone to court but direct to the baliffs

Impossible. One has too win at court before they can become involved.

26/10/16 both issued on 2/11/16

Court claim is this one.

What do I do now - should I write to the court and explain the 'defence' mistake and prove to them that all there is is a claim number and it is not clear which it refers to? Shall I tell them that the RK is in prison?

Well the thing is the defence entered is hopeless. It has no chance. This leaves 3 options in my opinion. (aside from trying to contact the landowner or retailers for help i.e. cancellation)

1. Email enforcement@parkingeye.co.uk and request permission to ammend.

https://www.justice.gov.uk/courts/pr...l/rules/part17

Amendments to statements of case
17.1
(1) A party may amend his statement of case at any time before it has been served on any other party.
(2) If his statement of case has been served, a party may amend it only –
(a) with the written consent of all the other parties; or
(b) with the permission of the court.

2. If your brother is fee exempt, apply to the court for permission to amend. https://www.gov.uk/get-help-with-court-fees

3. Negotiate payment. They would probably accept a lesser amount as they lose money appearing in court.



There are defence points available although none are guaranteed.

M1

[Georgie15]

Re: Help with Parking Eye please

Hi M1

In Post number 18 the 2 DRP letters refer to the ticket dated 15/10/16 - one is a notice of intended court action
In Post number 31 the DRP letter also refers to the ticket dated 15/10/16

The RK is my son who is in prison - would that make him fee exempt

Should I go straight to the court showing them the 2 letters from DRP relating to the ticket dated 15/10 with no mention of the ticket dated 26/10 and tell them this is why I thought I was defending the ticket dated 15/10?

I am losing the will to live now

Thank you

[mystery1]

Re: Help with Parking Eye please

The other ticket doesn't really matter as far as this court claim goes. It may help persuade a judge to allow an amendment but that's about it.

Fee remission is about income/savings. Check the link. If he gets benefits he probably qualifies.

Should I go straight to the court showing them the 2 letters from DRP relating to the ticket dated 15/10 with no mention of the ticket dated 26/10 and tell them this is why I thought I was defending the ticket dated 15/10?

No.

1. You now know differently so they wouldn't care.
2. I wouldn't want the court to be told you did this without his knowledge.

M1

[Georgie15]

Re: Help with Parking Eye please

Hi M1 and thanks

I checked the link and he has exactly £0 in savings and I believe is earning £2 per day in prison so I imagine he qualifies for the exemption although there is no mention of someone being in prison.

I am doing this with his full knowledge

I will apply to the court for an amendment but I don't know how to do this as they won't deal with me and I'm still waiting for the written authorisation from my son the RK. Can I fill a form in?

Where is the mediation agreement fitting on to all this. It has the same reference number as the court papers?

Many Thanks

[Georgie15]

Re: Help with Parking Eye please

Hi M1

I realise you haven't yet seen my previous post Number 39 but I have today received the attached. I presume it is where the RK agrees to mediation?

Also I cannot find anywhere, the form to complete to withdraw the defence submitted in error. I cant email parking eye and ask them I need to ask the court.

I am still waiting for the Letter of Authorisation from the RK to arrive

Many thanks and sorry for 2 posts on the trot asking different questions

I now dread the post arriving each day

Thank you

[mystery1]

Re: Help with Parking Eye please

I am doing this with his full knowledge

That's what i understand. Technically it might be more complicated but we'll just go with it

I will apply to the court for an amendment but I don't know how to do this as they won't deal with me and I'm still waiting for the written authorisation from my son the RK. Can I fill a form in?

There is no predefined form, just a general application.


http://formfinder.hmctsformfinder.ju...k/n244-eng.pdf

Where is the mediation agreement fitting on to all this. It has the same reference number as the court papers?

Mediation is just part of the process. You can say no but you might find later that a judge doesn't like that. A judge would only know whether mediation was undertaken or not and that if it di it failed. No other details.

I realise you haven't yet seen my previous post Number 39 but I have today received the attached. I presume it is where the RK agrees to mediation?

Correct. Fairly standard form, not tricky bits.

Also I cannot find anywhere, the form to complete to withdraw the defence submitted in error.

That's because that's not how to do it. Also you do not wish to withdraw the defence, you want to amend it. If you withdraw it then there is no defence until the new one is entered which would be an open goal for Parking Eye to win.


M1

[Georgie15]

Re: Help with Parking Eye please

Hi M1

I think I have found the form to amend the defence - I have completed it roughly as I am unsure what I am amending the defence to and of course I will not be sending it until it has your approval

Many thanks

[mystery1]

Re: Help with Parking Eye please

[MENTION=71570]R0b[/MENTION] [MENTION=6]Amethyst[/MENTION] [MENTION=87380]Diana M[/MENTION] would you mind helping with the app please ?

I can do a defence later.

M1

[R0b]

Re: Help with Parking Eye please

Briefly skimmed through the thread, this is an application to amend the defence?

[mystery1]

Re: Help with Parking Eye please

Yes.

The mother of the defendant (who is himself in prison) entered a rushed defence having been confused by multiple tickets. She picked the wrong one. So we need to essentially redo the defence.

Fee remission, seems to be in play.

M1