@morrisons Parking Eye sent court claim form! HELP

[dx100uk]

why did you send off a defence and not mention it at all here?

 

if, as you indicate , the case is being dropped

 

you need a notice of discontinuance from parking eye

 

and then you check with the court that its been discontinued

 

you don't have to pay anything to anyone.

 

 

dx

[afiarahman]

Apologies for not mentioning registering the defence again.

 

I took the advise earlier in the thread which states register the defence and still contact Morrisons.

All these this I have done.

 

I will contact the courts but Parking eye want me to pay for registering the court claim and 'administration'.

 

Are you advising me to not pay this once I've checked with the court?

 

I assume that they will discontinued once this fee is paid?

[dx100uk]

no that's not how it works...

 

you were advised to ack the claim

 

and tick defend all.

 

so after that you latterly entered a defence?

 

what defence did you enter?

 

something is not right here.

[afiarahman]

I stated that I would defend all.

[renegadeimp]

Basically PE are blackmailing you. Hoping that you pay them for something that is their mistake, otherwise they will think youre gullible and try and take you to court for the full amount they claim.

[afiarahman]

They state that they will take me to court to claim £160 if I don't pay the £60 for court fee and administration costs as they are flopping the penalty charge at the request of the Morrisons Manager whom I went to see

[dx100uk]

its not a penalty charge.

[dx100uk]

I stated that I would defend all.

 

did you then construct and send in a defence?

 

dx

[afiarahman]

No not yet. I was busy with Morriston manager and writing an email to Parking eye. Am I out of time now? I have not heard anything from the courts.

[dx100uk]

right at last we got there.

 

so all you have actually done is ack'd the claim.

 

and as your defence was due on the 33rd day from the claimform date you've actually missed filing a defence.

 

have you communicated with the court AT ALL since you ack'd the claim.

 

and what are these letters you have gotten?

 

you say you have one from morrisons cancelling the parking charge notice?

have PE or the court actually seen or know this exists?

 

what is the letter you have from PE and what date is on it.

 

might be an idea to start scanning stuff up.

 

you are in danger of receiving a default judgement here.

 

dx

[afiarahman]

Ok this what has happened since I acknowledged the claim.

 

I contacted Morrison who wrote to parking eye to cancel the charges.

 

Parking eye stated to Morrison that all charges except the court fee would be cancelled.

 

They wrote to me with the same response

that the only money I owe them is £60 for the county court claim otherwise this will continue in court.

 

this is where I'm at.

 

I didn't send a written defence to the courts or contact them

as Morrison's and parking eye told me to await their response which I have now received,

 

a letter dated yesterday 7th July.

 

I will contact the courts tomorrow and tell them of parking eyes letter.

 

maybe tomorrow I can add more information on this thread.

Edited July 8, 2014 by afiarahman

[dx100uk]

just for ref ..

 

you should NEVER miss filling a defence on a court case unless you get confirmation DIRECTLY from the court

telling you the claimant has discontinued the case.

 

yes ring the court ask at what stage the case is at.

 

I bet you'll find PE got judgement for their fees.

unless they 'stayed' the case

but as you didn't file I don't think they can request a stay.

 

certainly don't fall for the threat of PE will win if you don't pay the fees mind.

they are bluffing you

dx

[afiarahman]

I filed an acknowledgement for the county court claim on the 18th of June.

 

If I have 33 days them I still have time to file a defence.

 

can someone advise me if that can be done online or in writing with the papers that were sent to my address?

 

I'm also not sure what to include in my defence.

 

If I mention that parking eye were willing to cancel all the charges apart form the £60 court charges,

 

am I likely to be in a favourable position due to the fact that they were willing to cancel the parking fine?

[dx100uk]

It is not a fine

[dx100uk]

what is the date top right claimform.

 

dx

[afiarahman]

June 17th

[dx100uk]

end of sat 19th to file

 

you have 1 week.

 

I would think the letter from morries will blow the case out the water

nothing to goto court for.

 

dx

[afiarahman]

The letter is from parking eye and it doesn't state clearly that they are cancelling the charges just that they wrote to me and it's not their fault my address was changed and I received none of the demand letters. also they state for me to pay the court charges of 60

[ericsbrother]

then act as though it hasnt been sent and defend youself assuming the matter is going to court and use the letters as evidence later. PE wont get the £60, they will get a bill for costs if they carry on but they are relying on you not defending yourself and winning by default.