Small court claim.. needed to defend advice needed on writing the defence.

poreilly

I have received an small court claim from Civil Enforcement LDT for parking at an hotel carpark (which apparently) is not attached to the hotel as its private!
In regaurds to this parking fine the driver was unaware that they had to register my details with reception, ( which is apparently stated on the small print of the car park signs)the driver an free wedding fair held at the with my 1 year old son and 2 friends.(none of which saw the signs either)

Later the driver received a fine which they didn't open till after the appeal process time had validated, they have appeal this 3 times via email, numerous calls (which wasn't possible and the only telephone number was an automated payment line.

This then developed to ZZPS which wrote to me via letter, I contacted them several time which they stated the couldn't help me just accept payment.

Then a received a letter from a solicitor!! at this point the driver was fed up and so worried . the driver was then agreeing to pay a reducded half the cost payment of £125 at it was £250. This was refused and they were told the amount was 'recycled'.

Now over 10 months later the driver has a small claim court letter asking if the driver want to accept or defend the case, they do want to defend myself but I am not aware of what they should write ..any help will be GREATLY appreciated.

THANKS!!

KeithP

You are the KEEPER of the car.

You need to edit your post so that no clue is given to who the driver might be.

For example, your second sentence should look like:

In regaurds to this parking fine the driver was unaware that she had to register her details with reception, ( which is apparently stated on the small print of the car park signs) the driver attended an free wedding fair held at the with her 1 year old son and 2 friends.(none of which saw the signs either)

You then need to read post #2 of the NEWBIES thread which will guide you through the process you now find yourself in.

Umkomaas

You then need to read post #2 of the NEWBIES thread which will guide you through the process you now find yourself in.

You have to follow this advice from KeithP. Do so and you will find CEL discontinuing near to the court date. But you must put in the effort and leg work yourself. The forum will help.

Your worst option is to bury your head in the sand as this could have disastrous consequences, with potentially a CCJ awarded against you and a credit score-wrecking endorsement on your credit file. Do not ignore.

Redx

poreilly wrote: »

Now over 10 months later I have a small claim court letter asking if I want to accept or appeal,

I do want to defend myself but I am not aware of what I should write and I don't want to get worked up again....any help will be GREATLY appreciated.

THANKS!!

I dont believe it says APPEAL

you would be defending the claim, not appealing it

see post #2 of the NEWBIES FAQ sticky thread

do the AOS online like BARGEPOLE explains

then start drafting your defence , posting it on here for critique

read a dozen other recent court claim threads and defences to get the idea

poreilly

Hi,
Thanks for responding

I have looked at the NEWBIES thread and its all to confusing hope its not minded I wrote my own post!

In regaurds to appeal yes wrong word to use I meant defend, sorry.
Thanks

KeithP

Once again, you are identifying the driver.

Umkomaas

This may sound a bit ‘off the wall’, but did this parking event take place in either England or Wales?

It’s just the username you have adopted and one or two of your ‘turns of phrase’ give me a question in my mind as to whether your parking event took place in Northern Ireland?

Things are distinctly different if this is NI (or Scotland for that matter).

As I said, I could be well off track. Just please confirm in which country this occurred.

poreilly

Sorry it was South West Of England,
Thanks I get very overwhelmed with things like this.

Umkomaas

poreilly wrote: »

Sorry it was South West Of England,
Thanks I get very overwhelmed with things like this.

OK, thanks for confirmation - as I said, a bit off the wall, but could have been a silver bullet, so worth asking.

Lamilad

as requested twice above you need to edit your posts so as not to identify the driver (and KeithP will need to edit one of his quotes) No much point us giving you advise if you're not going to follow it.

KeithP

Lamilad wrote: »

(and KeithP will need to edit one of his quotes)

Yes I will as soon as I see the OP has done the necessary.

It' just so difficult to get the message across without further adding to the problem.