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stumpy21
I have recently received a small claims court summons on behalf of Parking Eye Ltd. However this is the first correspondence that I have received about an alleged parking infringement and am not sure when the alleged offence took place. I am also unsure how I should proceed. If anyone could shed some light upon what my next / best move is here it would be much appreciated.
emanresu
Stage 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. <b>PE rely on passing on litigation costs to the defendant so by limiting these you stand a much better chance.</b> Also see #6 in my signature for the details of the court process.
instrumentsofjoy
You might also want to read through this - which really is the way ahead to deal with these Parking Eye Court Claims in my opinion.

http://forums.pepipoo.com/index.php?showtopic=83175

This will have started life here:

http://forums.moneysavingexpert.com/showth...19#post62445019

Read this very carefully.
stumpy21
Is this process still the same even though I have never received any correspondence from Parking Eye previous to the court letter arriving? Thanks for your help.

Also, does anyone have an example skeleton defence that I could use? To be honest I'm a bit bamboozled by all of this.
Salmosalaris
QUOTE (instrumentsofjoy @ Mon, 9 Sep 2013 - 19:45) *
You might also want to read through this - which really is the way ahead to deal with these Parking Eye Court Claims in my opinion.

http://forums.pepipoo.com/index.php?showtopic=83175

This will have started life here:

http://forums.moneysavingexpert.com/showth...19#post62445019

Read this very carefully.


I agree this a way to deal with a letter before action but the OP has a court claim
SchoolRunMum
QUOTE (stumpy21 @ Thu, 19 Sep 2013 - 15:14) *
Is this process still the same even though I have never received any correspondence from Parking Eye previous to the court letter arriving? Thanks for your help.

Also, does anyone have an example skeleton defence that I could use? To be honest I'm a bit bamboozled by all of this.



Just as you would find posted from me on most other small claims cases on here and on MSE:

http://forums.moneysavingexpert.com/showth...05&posted=1

you'd do well to read other similar threads. Follow ALL links leading from that thread.
stumpy21
Thanks for your help. I will work on my defence over the weekend. I am determined to fight this and win.
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