County court letter

KeithP

But if you lose and opt, or are allowed, to pay by instalments, a County Court Judgment will be recorded against you which will hamper any credit applications you may need for the next six years.

To avoid that, it is perhaps best to pay in full what the judge orders within the timescale allowed.

KeithP

Hollers wrote: »

I'm doing what I can now for a witness statement and hope for the best.

Good.

Get a Witness Statement emailed to the court and the claimant tonight if you can.

onlyfoolsandparking

As I said I haven't read all the thread just the last few where the regulars have given replies that imply (to me) you haven't done defence, WS etc, if you have done everything in order then again apologies but you still have to accept whether you like it or not that Court is a lottery where these parking situations are held.


You might be lucky and get a Judge that doesn't care whether you've followed procedure and your defence, WS isn't water tight OR you might get a Judge that's a real stickler and the only way you win is if your defence WS and procedure looks like its been written by a top Barrister.


The whole system is flawed and currently set in favour of the Scammers, anyone wanting to defend against these parking scum better be on top of their game, some are, some aren't.

Hollers

I'll just cross my fingers and hope. I assume they dont expect people to pull out £500 and pay within a few weeks?

Saying I did get a ccj would I still have to pay the fine? Or is this when the bailiffs are called in?

onlyfoolsandparking

KeithP wrote: »

But if you lose and opt, or are allowed, to pay by instalments, a County Court Judgment will be recorded against you which will hamper any credit applications you may need for the next six years.

To avoid that, it is perhaps best to pay in full what the judge orders within the timescale allowed.

oops yes your right Keith I forgot that part, judgement is recorded but marked as 'Satisfied' OP would be better either paying in full or even borrowing money off very good friend/s or family and get these scammers off their back.


Much better to have NO CCJ recorded at all and you will get that chance if you pay in full within 30 days. I know I would raise the money somehow within those 30 days to avoid a 6 year millstone, think about it!!!

Hollers

What a nightmare this is turning out to be. Wish I'd just paid the scammers from the beginning now . £100 would be a small price to pay for over a years worth of stress

onlyfoolsandparking

Your not on your own thinking that way the scammers are beatable but like I said you've got to know (or learn quickly) what your doing, its all based on legal argument, no emotion involved, the scammers don't care but please don't make it any worse for yourself, if you go to Court and lose, do as the Judge orders and get that bit right, pay whatever you gotta pay and avoid a CCJ.

Hollers

Yes that's the trouble "legal argument" is definitely not one of my strong points.

I have no legal experience whatsoever, quite frankly I've never even wrote a letter. I'm a builder , hence why all this stuff is way beyond me and very confusing .

Fingers crossed

Coupon-mad

Never underestimate the ability of a PPC scammer to lose a case, due to dodgy evidence.

You can rely on your defence, you just won't be able to produce evidence.

Take a copy of your defence and a copy of their WS and evidence with highlighter showing their errors and mistakes, and anything not proven or plain wrong.

Take proof of this, in case the Judge lets you put it in as evidence:

our company were doing some building work on a house.

Take proof of your daily rate of pay, and travel/parking, in case you actually win and can claim your costs (up to £95 for loss of pay/leave, so be ready to prove that, in case of a miracle).

You will be able to pull apart their evidence and ask their hired rep about it, if someone turns up. You must turn up, to have a decent chance.

Look HARD at their WS and evidence. Those signs, are their signage images dated?

Does Google Street View tell a different story?

Have they proved they have authority from the landowner, by evidencing it?

Are the signs sparsely placed, in tiny font, wouldn't have been seen? SAY THAT.

Is their WS on point? (it's a template. Don't be impressed by the words).

Even if you lose, you do know how to argue you are not liable for added made up £60 costs per PCN, I hope? Whilst a losing party has to cover the (small) court fee, you DO NOT have to pay 'legal costs' or 'debt collection/damages'!

DRP and Trace both offer their 'services' FREE. If the PPC say otherwise, they are lying.

A poster called 'Nameless' lost a non-forum assisted case this week, but he managed to clip the PPC back to just the £100 PCN and £25 court fee, by citing the CPRs about costs and pointing out that no debt collection costs had ever been expended, nor can they be added to an already inflated parking charge...

So you are looking at £200 plus court fees (£50) if you lose, if you argue the added costs well, like Nameless did.

The claim is not allowable for £400+ unless you let it...!

This is now damage limitation so re-read what I've said and put all that together, print it out NOW and put it in a folder to take, and get some sleep.

Get there half an hour early to get through security. No agreeing to settle the claim outside (unless the rep offers £200 or less). Go in looking smart and confident.

Hollers

So trying to make a WS, am I wasting my time mentioning anything about who was driving at the time? Anything online seems to say that kind of thing is irrelevant now days? As after a certain time it is the registered keepers responsibility