Excel Parking: County Court (I have ADHD)

Phoenix86

Hello,

Thanks for running this forum!

The driver has ADHD and is forgetful. Sometimes forgets to pay parking by the minute where paying dozens of times.

Over the past 10 years the driver has had 4 "invoices by post" (non PCN) fines where ignored the 8 or so nasty letters and the companies eventually went away.

One from 2015 crept back up a few months ago at Gosforth Shopping Centre in Newcastle upon Tyne.

Some form of letter before action (LBCC?) arrives and keeper binned it thinking they really wouldn't spend the money.

Registered keeper hadn't read anything on here yet, thinking its just not worth their money to actually take it further, kept binning the letters.

The court letter arrived with the following particulars of claim (N1SDT Claim Form (04.14) MoneyClaim.gov.uk

Amount Claimed: £160, court fee £25. Issue date: 09 July 2019.

The parking was £0.20p and driver just plan forgot to pay this time and parks there regularly.

Having binned everything, no access to wording, does the driver/keeper have any defence?

Wouldn't be averse to contributing something. Guessing now has to pay the £25 court costs but not familiar with how this works.

Literally never spoken to them by reply phone/email etc, they've just honed in on registered keeper this time.

There are two drivers on this car.

"The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendants vehicle was identified in breach of the advertised terms and conditions; namely parking without displaying a valid ticket/permit. At all material times the Defendant was the registered keeper and or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued and the defendant has failed to settle the outstanding liability. The claimant seeks the recovery of the parking charge notice, contractual costs and interest."

Le_Kirk

Does the LBCC give you 30 days to pay or respond? Did it come with financial forms (which you don't fill in) and did it lay out the claimants case with all evidence they will rely on in court. This is a check if it is a proper LBCC. If it is, go to NEWBIE sticky and read post # 2 and follow the advice, specifically about the SAR. Do not ignore formal court papers which will come from Northampton CCBC. Come back here for more advice when you have answered the question about the LBCC and read post # 2 of the NEWBIE sticky.

Quentin

If your ADHD warrants it get someone else to help you with this

You need to read up on how to deal with Court claims in the newbies FAQ thread near the top of the forum

Post #2 there covers Court claims right through to the hearing

Your first task is the AOS - all explained in the FAQ

If you need more advice after studying the post suggested then come back here with your questions

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Quentin

@LeK

OP binned the lbcca and has now received a claim

Phoenix86

I think these are formal court papers.

CLAIM FORM

In the: "COUNTY COURT BUSINESS CENTRE

With a printed stamp "The County Court"

There is a RESPONSE PACK behind it. Acknowledgement of service, Defence Counter Claim, Admission, employment/bank savings request etc.

binned the LBCC.

Quentin

Yes

You have received a claim from court

nosferatu1001

So you need to tell us the ISSUE DATE, and then you *must* get onto post twpo of the nebwies thread, as this shows you first URGENT step - acknowledging the claim

If you have ADHD and you cant be sure you will complete this process in full, every step of the way, you would need some help to follow this.

Phoenix86

Thank you so much guys.

ISSUE DATE 9th JULY 2019

nosferatu1001

OK so you must TODAY go online and acknowlegde the claim

Foloow, PRECISELY, the instructions on how to do so in the Newbies thread, post 2.
You MUSt do this today. Once done you have 33 days from the9th July to get your defence *emailed* to the court. You will not fill in any paper forms - electornic only

KeithP

Phoenix86 wrote: »

ISSUE DATE 9th JULY 2019.

With a Claim Issue Date of 9th July, you have until Monday 29th July to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 12th August 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence should be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.