Parking eye- letter before county court claim

[SusanF]

Re: Parking eye- letter before county court claim

Dear Mystery1, I have logged onto the online defence system stated on the claim form and they are asking for a brief statement of defence particulars in 122 lines, help!! x

[SusanF]

Re: Parking eye- letter before county court claim

Dear Mystery1, many thanks for your reply, we have done it the way you have suggested above, rather than the other method and it all went through fine. Thank you so much for all your help, I am so, so grateful to you, will keep you posted x

[SusanF]

Re: Parking eye- letter before county court claim

Dear Mystery1, I have today received an acknowledgement from HM Courts and Tribunal Service of my defence. If they want to proceed I will hear within 28 days apparently. By my calculations that will be about 11th December so will let you know of developments. Thank you so much for your help x

[mystery1]

Re: Parking eye- letter before county court claim

http://parking-prankster.blogspot.co...urt-cases.html

I'd follow up with that letter to the court asking for proceedings to be put on hold "stayed" until after the appeal court rules in Beavis.

M1

[SusanF]

Re: Parking eye- letter before county court claim

Dear Mystery1,
Many thanks for your message I have today sent another email to the court attaching Judge Moloneys appeal document. I will keep you updated, many thanks x

[SusanF]

Re: Parking eye- letter before county court claim

Dear Mystery 1,
I have today received 2 emails from the court. The first suggesting I send my defence to the claimant and the second saying they have sent a copy of my defence to the claimant and are awaiting their reply. They also informed me that if the claimant takes this further it will be handled by a court closer to myself. I will let you know when I hear anything more x

[SusanF]

Re: Parking eye- letter before county court claim

Dear Mystery1, I have today received Parking eyes "Notice to proceed" there is about 20/30 pages so will have to get someone to scan it all and send to you if ok. I have also today received "Notice of Proposed Allocation to the small claims track", what should I do? I feel that now they have changed the time to 3 hours may be relevant? x

[SusanF]

Re: Parking eye- letter before county court claim

I have added the letter to the dropbox for you to view, in the folder 'letter 03.12.2014'

[mystery1]

Re: Parking eye- letter before county court claim

I have added the letter to the dropbox for you to view, in the folder 'letter 03.12.2014'

Not really time to read until weekend. I'll hazard a guess they refer to Moloney a lot but neglect to mention it is being appealed ?

M1

[SusanF]

Re: Parking eye- letter before county court claim

Dear Mystery1,
I have counted up roughly and in our small coastal town there are at least 13 car parks, all are free apart from 1 at the beach which is pay and display and the Morrisons one which now has Parking Eye. I have also found out that the over charge for the council owned pay and display is £50 and to park on double yellows in the town is £70, making the 40 minute over stay of £85 totally disproportionate. Added to that they have now increased the time to 3 hours in Morrisons since they maintained I overstayed my welcome!!

[SusanF]

Re: Parking eye- letter before county court claim

My husband checked the charges for parking in the only paying car park in the town alongside the beach last night for me, and it is £1 per hour, £2.50 up to 4 hours, and £4 all day. Making £85 for 40 minutes even more obscene in my view xx

[mystery1]

Re: Parking eye- letter before county court claim

Notice to proceed = standard.

Reply to defence - Notes

Parking Eye v Beavis is being appealed to the court of appeal and is binding on lower courts when decided but only on the points they decide.

The case is http://nebula.wsimg.com/8bc2fd992ffc...&alloworigin=1

The point of appeal is http://nebula.wsimg.com/b0131d1d8d5f...&alloworigin=1

The Pranksters thoughts on the case http://parking-prankster.blogspot.co...test-case.html http://parking-prankster.blogspot.co.uk/2014/06/arguments-to-use-if-parkingeye-try-.html http://parking-prankster.blogspot.co...ry-and_11.html

Note to the court requesting a stay http://parking-prankster.blogspot.co...urt-cases.html

More ramblings on pitfalls of not asking for a stay or letting PE fool a judge. http://parking-prankster.blogspot.co...avis-case.html

Did PE mislead HHJ Moloney ? http://parking-prankster.blogspot.co...ceive-hhj.html




Just because a contract can create a contract doesn't mean it does or that the contract means what a party thinks rather than what it actually says. http://nebula.wsimg.com/4be974402948...&alloworigin=1 Para 3 of the judgement if you wish to skip but it's a good read to learn the court process a bit.

Parking eye want a transcript but will supply theirs if the court orders it


Amendments only with permission of the court. Lol. They send so much pish they expect a reply but threaten you with costs ROFL.

An allegation if not denied is admitted. No shit sherlock pity about defence point 1 though, isn't it.




Plenty of crap in the reply to defence. I didn't comment on some of it but the links i gave you cover much of that.

What should you do now, i hear you ask.

Email Parking eye along these lines.


Dear Parking Eye,

I received your letter dated xxx and headed xxxx, the contents of which are noted.

It is extremely regrettable that you have quoted vast swathes of court rules and case law mainly from Beavis but have neglected to mention that Beavis is under appeal. This is contrary to the over riding objectives found in CPR 1.1 which applies to both parties via CPR 1.3. We are required to reduce the issues betweens us to as little as possible to avoid wasting our time and money as well as court resources. I fail to see how running a case upon which you so heavily rely on a case you know is under appeal fulfils your obligation to the court.

I would also point Ms Ledson to the SRA code of practice and in particular the part the sets guidance on how to deal with litigants in person and, obviously, how not to. It is against the code of practice to be "taking unfair advantage of an opposing party's lack of legal knowledge where they have not instructed a lawyer". A complaint will be made to the SRA regarding the behaviour of Ms Ledson due to the non mention of Beavis being subject to appeal and trying to use the part of the case under appeal against me.

I would also point out the penalties for unreasonable behaviour contained within CPR 27.14 2 g.

I would therefore ask that you agree to stay proceedings until after said appeal is decided to reflect your professional and CPR duties.

Yours etc


Please do make the complaint to the SRA http://www.sra.org.uk/solicitors/han...5/content.page

M1

[SusanF]

Re: Parking eye- letter before county court claim

Thank you Mystery1,
I have also received a Directions questionnaire (small claims track) regarding settlement/mediation. I feel strongely that they have now changed the limit within a few weeks to 3 hours realising their previous 2 hours to be totally unrealistic in the situation the park is in. Also that they are asking for £2 a minute when the only other car park in the town is asking one and a half pence a minute!! In the Southampton case the judge asks about mediation should I fill out the form giving my reasons? x

[mystery1]

Re: Parking eye- letter before county court claim

Mediation should be accepted.

Whether yo feel you want to or whether you feel you'll get something out of it or not doesn't matter. Don't accept anything that doesn't meet what you want. If that happens to be that you'll only accept them dropping matters without costs then don't settle for less.

There is little to be gained from what you feel. It doesn't form the basis of a legal defence. Stick with the legalities and you have a far superior chance of winning.

Also write to the court to request a stay (at the same time you return the DQ) http://parking-prankster.blogspot.co...urt-cases.html

M1

[SusanF]

Re: Parking eye- letter before county court claim

Dear Mysrery1,
I have today received a letter saying Parking Eye do not agree for this to be referred to the Mediation Service. I will therefore now send the above letter to them. If I complain to the SRA, how do I go about this or am I opening a bigger can of worms? x