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County Court Papers Issued, Help needed now please
Powderpuff99
post Tue, 27 Aug 2013 - 21:47
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Hi

I hope you can help and that I have posted correctly, if not please let me know as it's not intentional - it's my first one

I've followed the 'ignore the correspondence advice' but they haven't given up and I'm not feeling quite so brave now

I've received court papers from Parking Eye dated 6 days ago so I need to reply quickly and I've tried to get as much info as possible from other threads. I understand that I need to respond withing 14 days and I intend to request 28 days to prepare a defence

I accidentally overstayed by approx 20m mins and althought the sign does state 2 hrs maximum stay it does not state what you are supposed to do if that time isn't sufficient as there are 7 stores in the centre. I was shopping/ browsing in most of them bought something in one of them and got a money off coupon in another which proves I was there

I feel the charge is far in excess of any inconvenience I may have caused - I was shopping there and it wasn't busy. The signs were on show but there was also some very smalll writing that I have no idea what it said but I want to defend the case if this is possible - I have a few questions if you can help please

It asks for my defence on section 3 of the paper work - how much detail do I need to put in there?
I have seen that I can request a local court to have my case heard in - where on the form do I do that - do I add a covering letter?
Will it be heard in 28 days exactly or do I wait for a date to be sent after that - I'm worried I will be on a holiday I had planned before all this started and what will happen then?
If worst did come to worst and they found against me could I still pay on the day and not get a judgement - this could afffect my job if I did?
Can an experienced person with the required number of posts ( I read that too so hope that's right) help me prepare a defence please?

Thanks

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post Tue, 27 Aug 2013 - 21:47
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ford poplar
post Tue, 27 Aug 2013 - 22:35
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Some basic info would help.

What date did alleged overstay occur?
What car park/town?
Are they official papers with a Court stamp, or mock ups?
I assume if real, they were from Northampton County ,normally used for MCOL applications to SCC.
Why would an adverse Judgement put your job at risk, unless you are a serving Officer>

Others are better equipped to suggest a viable defence, with knowledge of PE and should be here soon (24Hr?)
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Powderpuff99
post Tue, 27 Aug 2013 - 23:03
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Hi

Thx for replying

My overstay was in April this year in Dewsbury and the papers have a County Court stamp and are from Northampton so I presume they are real too
As I work in Financial services it conflicts with the principles of my job to have CCJ's - it's policy not to have them

I'll keep checking to see if somone has responded with the extra info I need thanks tho
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SchoolRunMum
post Wed, 28 Aug 2013 - 01:04
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Loads of cases like yours here, being defended. Here's one with the usual links I give re small claims:

http://forums.pepipoo.com/index.php?showto...pid=862298&

You will learn if you follow every link & advice leading from there, that you DO NOT get a CCJ even if you lose a small claim (as long as you then paid straight way).


HTH
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emanresu
post Wed, 28 Aug 2013 - 06:12
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As I work in Financial services it conflicts with the principles of my job to have CCJ's

As someone that works in Financial services I would have thought you would be well aware as to how CCJ's occur. Is it not part of the qualifications you need to have?
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Salmosalaris
post Wed, 28 Aug 2013 - 06:35
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Firstly acknowledge the claim ticking you wish to defend in full giving you 33 days from the issue date to submit a defence .
Are they the usual brief particulars of claim from PE ?
Did you receive a letter before action ?


--------------------
Note, I am not legally qualified and not offering legal advice .Liability for application of anything I say lies with the reader
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Jlc
post Wed, 28 Aug 2013 - 08:21
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QUOTE (Powderpuff99 @ Wed, 28 Aug 2013 - 00:03) *
As I work in Financial services it conflicts with the principles of my job to have CCJ's - it's policy not to have them

CCJ Linky


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Powderpuff99
post Tue, 3 Sep 2013 - 20:26
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Hi

I've done a few more things to try sort this out since my last post

- I've responded to the court papers on line saying I want 28 days to get a defence together
- I've contacted 4 of the shops in the car park involved and Halfords is trying to sort this out for me. 2 of the others have said they can't help asit's nothing to do with them they only use the car park and 1 hasn't responded yet . If Halfords can sort this out for me then I hope that is the end of it
- I've also emailed Parking Eye asking them to stop the court papers and withdraw the fine as I bought something in Halfords and got a coupon dated the date of the fine in Matalan

I didn't see anywhere on the online forms how to change the hearing to a local court though so could someone let me know how to do that please as I don't want to have to go to Nottingham and need to let them know when I am on holiday

Thanks for the responses and help so far - do I just sit and wait for a date now or should I be doing something else now

Thx

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Jlc
post Tue, 3 Sep 2013 - 20:31
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The allocation of court comes later. Hopefully it won't get that far.

They may accept you as a 'genuine shopper' but may still want their 'costs' - £50.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Powderpuff99
post Tue, 3 Sep 2013 - 21:13
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Ok Thx

Fingers crossed mellow.gif
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emanresu
post Wed, 4 Sep 2013 - 05:33
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@PP99

Did you read up on the CCJ link. Hope you understand how difficult CCJ's are to achieve in this area - no credit given etc.
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SchoolRunMum
post Thu, 5 Sep 2013 - 01:33
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QUOTE (Powderpuff99 @ Tue, 3 Sep 2013 - 21:26) *
Hi

I've done a few more things to try sort this out since my last post

- I've responded to the court papers on line saying I want 28 days to get a defence together
- I've contacted 4 of the shops in the car park involved and Halfords is trying to sort this out for me. 2 of the others have said they can't help asit's nothing to do with them they only use the car park and 1 hasn't responded yet . If Halfords can sort this out for me then I hope that is the end of it
- I've also emailed Parking Eye asking them to stop the court papers and withdraw the fine as I bought something in Halfords and got a coupon dated the date of the fine in Matalan

I didn't see anywhere on the online forms how to change the hearing to a local court though so could someone let me know how to do that please as I don't want to have to go to Nottingham and need to let them know when I am on holiday

Thanks for the responses and help so far - do I just sit and wait for a date now or should I be doing something else now

Thx





Beware, you don't get 28 days from when you acknowledged, you get the original 14 days extended to a total of 28 days only. Should you be doing something else now - YES! SUBMIT YOUR SKELETON DEFENCE OR YOU WILL LOSE BY DEFAULT FOR NOT SUBMITTING IT! This should help I hope:

http://forums.moneysavingexpert.com/showthread.php?t=4757437

And if this is a multi-store retail park your complaint should be aimed at the CEO of the Managing Agent or Landlord that runs the whole place (easily found by Googling the name of the car park, usually). It's less likely that a Store can now cancel this fake PCN, more likely the Retail Park themselves can.

This post has been edited by SchoolRunMum: Thu, 5 Sep 2013 - 01:36
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Powderpuff99
post Wed, 11 Sep 2013 - 19:45
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Hi

Just thought I'd post another update - this time it's good news

I emailed 4 of the shops on the retail unit Halfords, Next, Poundstretcher and Matalan

Poundstretcher and Matalan were totally unconcerned and unhelpful saying it wasn't there car park so they couldn't help
Next gave me the phone number to contact Parking Eye but couldn't help unless I had bought something on that day in store

I also emailed Parking Eye also and requesting that they revoke the charge as it was a Sunday, hardly any cars in the car park and felt that the charge was excessive for my 'crime' as the land owner had incurred any loss due to my overstay. It also didn't explain what I had to do if I wanted to shop for longer than 2 hours and that although I didn't want to incur any further expense I would have to defent the claim in court

Halfords were absolutely brilliant - their Social Media Team had sorted it out within 48 hours and text me back via their Facebook website to confirm that Parking Eye had revoked the charge. They have the same car parking as the other stores but took ownership of my request for help and I can't praise them enough - pity the other weren't as focussed on customer care they could learn a few things from Halfords

Today I have received an email from Parking Eye confirming they have revoked the charge and ther isn't anything to pay so

So that's it - happy ending thanks to Halfords

If anyone else is in this position I'd definitely suggest contact the shops for help, thanks everyone on here that has responded too

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SchoolRunMum
post Wed, 11 Sep 2013 - 19:50
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Well done.

That is fantastic news about Halfords. Could you tell us the contact email please for their Social Media Team or did you do the whole complaint on facebook?
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Jlc
post Wed, 11 Sep 2013 - 19:51
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QUOTE (Powderpuff99 @ Wed, 11 Sep 2013 - 20:45) *
So that's it - happy ending thanks to Halfords

We've seen them do this before - one case is where a customer had his car in having a stereo fitted (or similar) and exceeded the parking limit even though the car wasn't in the car park. (It was in the workshop but the cameras only see entry and exit) The PPC wouldn't drop it until Halfords stepped in.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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Brackley
post Thu, 12 Sep 2013 - 13:35
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Powderpuff99

Hi I'm entering this thread just to clarify how you contacted Halfords social media dept. was it soley through a message via their facebook team?
i'm in the very same situation as you were.....
thanks
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