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Claim Form from Northampton
ler1987
post Sun, 20 Oct 2013 - 14:18
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Hi, firstly want to say I am completely new to this, hope this correct way to go about it. I am basically after some advice, we have received a court claim form from a parking company relating to Dec last year. This is the first we know about it, have had no previous correspndance whatsoever. Am i correct in thinking we need to fill in the defence and counterclaim part?
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post Sun, 20 Oct 2013 - 14:18
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SchoolRunMum
post Sun, 20 Oct 2013 - 16:05
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Yep.

Your best bet is to come off this thread and spend a few fruitful hours reading other PE court claim threads to learn what to do and how to defend. Every 5th thread you see is about these claims - and most are defended and DO NOT end up in a hearing at all. Go back a dozen pages reading every court thread (I am assuming this is PE?). Gather & read & save the advice you see already given.

Take heed as well, of the advice you will see on court claim threads, to COMPLAIN to the retailer and/or landowner in the strongest terms - the complaint is almost as urgent as acknowledging this claim!
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emanresu
post Sun, 20 Oct 2013 - 17:59
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tage 1: Acknowledge the claim. Get help with your form here:

Guide to defending a Small Claim.

http://www.judiciary.gov.uk/JCO%2FDocument...r+web+FINAL.pdf


"Small Claims can advise you in respect of your Small Claims problem, complete your Court documents and liaise with the Court. For this service there is no charge from Small Claims."

Stage 2: Have you identified who hired them? They claim to be protecting landowner / occupier interests. Does their claim identify who's interests? It may be on the signs or it will be whomever pays the rates. Whoever hired them can cancel. It's the killer to all this. You can also contact the local planning department and ask them if there are any restrictions on parking times i.e. the retail park must offer x hours and PE have reduced it. They all seem to forget the local planning laws.

Stage 3: From the document above see Note 4 under 6.5. "The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. The court must be informed immediately if the case is settled by agreement before the hearing date."

Under common law, the injured party (allegedly PE) has a duty to reduce their loss – i.e. an obligation to mitigate using any reasonable means at their disposal. The principle ensures that a party seeking damages will not be able to recover for a loss that could have been “reasonably avoided”.

So as well as Acknowledging, send an letter to PE requesting a POPLA code so you can have PE's claims assessed by the "Independent Adjudication Service" which is POPLA for PE. If you do this then they can no longer claim a hearing fee or solicitors costs as they could have been avoided by going to POPLA. PE rely on passing on litigation costs to the defendant so by limiting these you stand a much better chance. Also see #6 in my signature for the details of the court process - and #7 for how they got their figures.
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SchoolRunMum
post Tue, 22 Oct 2013 - 18:24
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QUOTE (SchoolRunMum @ Sun, 20 Oct 2013 - 17:05) *
Yep.

Your best bet is to come off this thread and spend a few fruitful hours reading other PE court claim threads to learn what to do and how to defend. Every 5th thread you see is about these claims - and most are defended and DO NOT end up in a hearing at all. Go back a dozen pages reading every court thread (I am assuming this is PE?). Gather & read & save the advice you see already given.

Take heed as well, of the advice you will see on court claim threads, to COMPLAIN to the retailer and/or landowner in the strongest terms - the complaint is almost as urgent as acknowledging this claim!



Hope you have started to read other similar threads and learn how to complain effectively to get this cancelled even at this late stage - once you have acknowledeged the claim. Loads more info is added to new threads every day, this is one of hundreds where I have added more information:

http://forums.pepipoo.com/index.php?showtopic=84555

EDIT 23/10/13 - You will like this result (top case, Parking Eye v Sharma, new in!!) and it's one of several to cite in your defence!

http://forums.moneysavingexpert.com/showpo...mp;postcount=65

but TBH you need to do more reading than just one or two odd threads, so read ALL the links in this information thread I have collated (you must do a bit of reading & preparation - there is no quick fix unless you make an offer or get the retail park or landowner to cancel it which is very possible if it was a shoppers' car park):

http://forums.pepipoo.com/index.php?showto...mp;gopid=862298


HTH - and lastly, was there a reason for the overstay? Disability, age, pregnancy, baby, illness, delay at the shops, etc.? EQUALITY ACT REASON?


This post has been edited by SchoolRunMum: Thu, 24 Oct 2013 - 01:17
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