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mattrugger
Hello!

I'm new to this site and forums so please excuse any faux pas!

This morning I received a claim form from Parking Eye. Following advice from numerous sources, I have ignored all previous demands for payment and have never once contacted PE. I had not heard anything for a while and then this morning I have received an official claim form from Northampton County Court.

What should I do?

The details around the particulars of the claim are that I parked at a well know retailers car park after its opening hours 9am - 8pm. I then proceeded to stay on the car park for 3 hours and 1 minute, the allotted time is 2 hours. I obviously did not visit the store as it was closed, I arrived later than 8pm.

Any advice would be greatly appreciated!

I intend to not pay, just so I'm clear! haha!
mattrugger

I have completed the "acknowledgement of service" form online. Which as I understand gives me extra time to complete a defence...hopefully tongue.gif
emanresu
First stage: Have you identified who hired them? They claim to be protecting landowner / occupier interests. Does their claim identify who's interests? Whoever hired them can cancel.

Also get help with your form here:

Guide to defending a Small Claim.

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

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."

And here :

Small Claims Court Procedures.

http://www.smallclaims.me.uk/small_claims_court.html.

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.

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 offer to PE asking for a POPLA code so you can have their 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
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