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Need help checking my Defence for a County Court PCN

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Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 September 2021 at 1:11PM
    Premier Park ltd may well go to a hearing , no idea why you think it may be dismissed , that would be very unusual

    It may be discontinued , as mentioned above
  • Redx said:
    Premier Park ltd may well go to a hearing , no idea why you think it may be dismissed , that would be very unusual

    It may be discontinued , as mentioned above

    I was only hoping!

    Ok I'll get ready to prepare an excellent witness statement then.
  • Le_Kirk said:
    But since you will be submitting the whole of the template defence along with your two (or more) modified paragraphs, you do not need to include this again.
    If a parking company has taken the trouble and paid the filing fee to instigate a claim against you, it would be foolish to presume they will then not continue to a hearing.  Some cases are discontinued when the claimant sees a well crafted defence and witness statement which might lead them to believe they would lose a hearing but safer to assume it will go all the way.
    I see what you mean - I've now removed the "have vague/hidden terms, a mix of small font" from the paragraph, but kept the remaining points of "The signs within the car park are also small, are positioned above a wall above eye-level, and are beneath a row of trees that diminish the already weak lighting conditions." as these are not mentioned further in the Defence template.

    Also just to mention, I am a full-time postgraduate student and so have no income to pay the fees even if I thought I was liable for them. Do you think the Judge would take this into consideration when making a judegment?

    Thanks again for all your help.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 September 2021 at 8:38PM
    The ability to pay or not won't enter into it

    A loss in court is typically about £200 , with one month to pay in full

    Failure to pay in full will result in a CCJ for 6 years , trashing your credit rating

    The claimant can then Pay for enforcement by the court , effectively Bailiffs or other options , look them up on MCOL , adding the charges to the judgment total

    So the judge leaves it to the enforcement procedures subsequent to the judgment , giving a month to pay to avoid enforcement and to avoid credit rating issues which affects loans mobile phone contracts etc

    The justice system is procedural and procedures will be followed , it's based on who owes who what , not their bank balance. It would be discrimination to only sue rich people !!

    It's serious stuff !!
  • Coupon-mad
    Coupon-mad Posts: 158,157 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic

    Also just to mention, I am a full-time postgraduate student and so have no income to pay the fees even if I thought I was liable for them. Do you think the Judge would take this into consideration when making a judgment ?
    No.  Nothing to do with it, so set out to be confident about why as a matter of contract law, you are not liable (unclear tiny signs is the most common defence and is a good thing to show, with evidence at WS stage).
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