NEWBIES L B C AND DEBT CLAIM

Redx

If you have done the SAR , await the SAR reply and future court claim

Darren104

Hi Redx, i have already received the SAR. They sent the original parking charge notice, my appeal, their reply and a few blown up pics of the vehicle entering and leaving. i ain't really got much of a defence to go on except the abuse of process route.
Thank you.  

Redx

Abuse of process is not a defence , it's an objection to the added charges only , double recovery

It does not address the PCN or core issues , especially if the claimant drops the additional charges and sues for say £100 plus legal and court fees , like Parking Eye do

Darren104

So shall i just offer to pay them the £100 then in settlement and learn from this 

Redx

If you do , do so as a without prejudice offer , so it cannot be used in court

I am unsure why this wasn't done after the failure at Popla , if you were bang to rights and have no defence ?

For your information , the latest defence template is in the newbies FAQ sticky thread and pre written for you , with minimal work required by you

Sometimes parking companies have a legal argument and cover all bases , and judges do not like bilking

Darren104

Hi Redx the machine was out of order is the only excuse but not a good defence. I did not do make offer after popla coz I thought it would not be pursued. I will read the thread then way up my options. Thank you for your kind help.

Redx

It is not a defence , but frustration of contract is , based on unable to pay , unless they gave other forms of payment or contract , or unless they can prove that with a machine out if order the car park was closed and the driver should have left , they usually bring up both

Sometimes a court will say that a shopper is not entitled to a free basket of shopping just because the payment till is faulty

Coupon-mad

What you DON'T do, is this again:

There was a telephone mediation via the small claims mediation service on 23 October 2019. This was settled for £150.00, with Mr xxxxxx paying this in £15.00 instalments between 31 October 2019 and 31 July 2020.

Coupon-mad

You got a CCJ as a result of that, I assume?  I am not sure though, where mediation was used.  Normally you get a CCJ by paying in instalments and damage your credit record for SIX YEARS.

Darren104

No, you got your wires crossed. I haven't t got a CCJ. The mediation was before the court stage. There is a court mediator that acts between the claimant and defendant via telephone call, in trying to resolve the matter. Its the option you have when you get the directions questionnaire. I bottled it and accepted the offer of £150 as my claims defence was weak, and thought it was not a bad deal at the time as they had put there claim against me for something like £260. I set up a standing order with BW Legal to pay it. That was for the parking charge on the 3rd March 2018. The one they are hounding me for now is for the 11th march 2018. Cant understand why they did not deal with both charges at  the same time and why they have racked this one up now.