County Court Defence ?

flyingchunk

Hi all

Firstly... I’ll put my hands up and have not looked for advice when I should have.

Normally... I ignore parking invoice or do an appeal and they go away. This one has not.

Zzps are put in a county court claim for an original 50p charge. Which is now of course £2**.

The true story is.....

- We park there a lot and ALWAYS pay
- in this instance the person driving couldn’t pay
- phone payment service down
- website - no facility to pay
- app - could not download it from the App Store


I got a letter a few months later sent them all the evidence and offered to pay the 50p.

They said no...

Since then I’ve ignored them.

I’ve strung out the county court thing but have to defend it by 24th of this month (done extension).

Any suggestions on a defence? I’m insistent not not paying these !!!!!!s as it’s shocking the way they scare people.

Any help appreciated.

Thanks

Quentin

See the newbies FAQ thread near the top of the forum for advice on defending court claims

Throughout here you are advised never to reveal who was driving

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use posts in your thread against you in Court

beamerguy

Well, you start by carefully reading the NEWBIES THREAD on the fron page of this forum. Everyone is expected to read this.

NO, ZZPS have not put in a court claim ? THEY CANNOT

READ THIS
https://forums.moneysavingexpert.com/discussion/5859454/debt-collectors-drp-zzps-what-they-dont-want-you-to-know&highlight=debt+collectors+drp

Glennb

We parked in a disabled spot in a free carpark i am disabled and had a badge on sun viser few days later got a charge notis looked on forams it said to do nothing so afew more letters now had one from cc and its known £185 in the pick thay sent you could not see badge but it was taken high up if you stud in front of car you could see it what do i do now?

The_Deep

Who is the claimant? Is a solicitor involved? £270 is far too much, have they given a breakdown? If so please publish it.

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.

Le_Kirk

Glennb wrote: »

We parked in a disabled spot in a free carpark i am disabled and had a badge on sun viser few days later got a charge notis looked on forams it said to do nothing so afew more letters now had one from cc and its known £185 in the pick thay sent you could not see badge but it was taken high up if you stud in front of car you could see it what do i do now?

You read the NEWBIE sticky and then, if you still have questions, start your own thread.

Le_Kirk

flyingchunk wrote: »

Hi all

Firstly... I’ll put my hands up and have not looked for advice when I should have.

Normally... I ignore parking invoice or do an appeal and they go away. This one has not.

Zzps are put in a county court claim for an original 50p charge. Which is now of course £270.

The true story is.....

- I park there a lot and ALWAYS pay
- in this instance I didn’t as I couldn’t
- phone payment service down
- website - no facility to pay
- app - could not download it from the App Store

So... I parked anyway for 50 mins

I got a letter a few months later sent them all the evidence and offered to pay the 50p.

They said no...

Since then I’ve ignored them.

I’ve strung out the county court thing but have to defend it by 24th of this month (done extension).

Any suggestions on a defence? I’m insistent not not paying these !!!!!!s as it’s shocking the way they scare people.

Any help appreciated.

Thanks

Your main point of defence will be "frustration of contract" as you tried to pay but the PPC's systems failed.

The_Deep

Glennb wrote: »

We parked in a disabled spot in a free carpark … i am disabled and had a badge on sun viser few days later got a charge ... what do i do now?

Read the stickies/FAQs, read this,

https://www.slideshare.net/safaraz/protected-characteristics-equality-act-2010

then, if you still have any questions, start your own thread

KeithP

flyingchunk, what is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

flyingchunk

Hi all - Thanks for the feedback.

I've reviewed the Newbies thread and it has helped (made me feel better if nothing else) and I'm defo not paying and fighting this all the way to court.

What I couldn't find was a defense that suited my needs (I could adjust some of them).

Tomorrow is my last day to reply and post a defense - so I'm getting a bit desperate as I'd like to get this right.

He's some more details....

- The letter is from Northampton County Court - rang them and it's on their system
- The claimant is "Civil Enforcement Ltd" at Exchange Flags

Details...(paraphrased)

- Claim for monies relating to T&C breach
- Driver allowed to park in accordance with T&Cs or use
- ANPR used (with Reg and times)
- Debt and Damages = £182
- Interest = £14.68
- court Fee = £25
- Legal Rep = £50

Does this help at all?

I'm happy to go down the "frustration of contract" route as that sounds corrcet as I couldn't pay due to their systems.

It might be that I've not found the right defense link??

I just don't want to put the wrong thing. If it's just a case if me returning something and then I prepare a defense with evidence later then no drama.

Thanks again

Quentin

There's unlikely to be an exact defence for everyone

But there will be near templates you can crib from to construct your own

If you had not left it to the last minute you could have posted it here for comments before sending it