DCBL county court claim

Wanda_Woman

I simply cant do this

I cant see the woods for the trees,

ive read and read but its all just total confusion

You guys obviously are used to legal stuff but i may as well try and knit fog as get my head round it.

ever since ive come out of hospital i cant concentrate or cope with stuff like this anymore

im just thinking its easiest to pay the money and forget it

patient_dream

Wanda_Woman said:

I simply cant do this

I cant see the woods for the trees,

ive read and read but its all just total confusion

You guys obviously are used to legal stuff but i may as well try and knit fog as get my head round it.

ever since ive come out of hospital i cant concentrate or cope with stuff like this anymore

im just thinking its easiest to pay the money and forget it

YES YOU CAN .... there are only a couple of legals on this forum, the rest of us are no different to you

This is an easy step by step method and you will be guided through each step.

Why would you even think about paying a money scammer

Umkomaas

Can you not get a local friend to help you with this?

Fruitcake

This is how these companies work. They bully ordinary folk, and bully vulnerable folk, and hope their bullying pays off and people get so frightened of the bullies that they cave in and pay up.

If you go to court and lose, using the template defence plus frustration of contract because you were unable to pay, you stand a good chance of winning. Even if you lose, it won't cost you much more than the bullies are already claiming, so you really don't have a lot to lose.

I believe you still have time to submit a defence using the template.

Your paragraph 2 is easy. It just needs to refer to "keeper and driver, but liability is denied".

Your paragraph 3 should briefly say the defendant entered a pay and display car park, attempted to pay but due to faulty equipment, lack of 'phone signal etcetera, it was impossible to pay, thus causing a frustration of contract due to the claimant's failure to provide any alternative operational method to pay.

Put that in your own words, show us what you have put, then send it by email to the CCBC, the claimant's solicitor, and yourself.

Plan A is always a landowner complaint, and it is never too late to do so.

You should also complain to your MP.

Wanda_Woman

The guiding is so unclear to me,

but i have 9 letters spanning 13 months from a variety of firms.

It started out as being £100 parking charge

then £170, the 70 being admin fees

now the CC claim is for 184.04 plus 50 legal reps costs and 35 court fee

All for a 2.75 ticket charge to park for 1 hour.

I was sick in intensive care and bed for almost 6 months whilst most of these letters arrived, and now i have reduced capacity to understand how to put together a defence.

The stress is making me sick.

Fruitcake

How about something like, 

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied.

3. The defendant visited the car park at Llangrannog on the material date, paid for one hour, and displayed the ticket as required. The defendant later decided to extend their stay, and attempted to pay for a further hour but was unable to do so due to lack of correct change. The pay machine did not accept card payments, but there was an option to pay by 'phone. 
The defendant attempted to pay by this method but was unable to do so as there was no mobile 'phone service available at the site. As a result, a frustration of contract occurred because the defendant was unable to pay in accordance with the posted terms and conditions due to the claimant failing to ensure this alternative method of payment was actually available.

1505grandad

As above  -  the template Defence (to incorporate above paras) with instructions is the link below (page 1):-

https://forums.moneysavingexpert.com/discussion/6108153/template-defence-to-adapt-for-all-parking-cases-where-they-add-false-admin-costs-edited-march-2022/p1

Wanda_Woman

Obviously i will fill in claim number and details etc in email. Do i need to add One parking solutions full address etc?

Is this sufficient?

in para 4 , surely by entering the car park i by default agree to the terms?

IN THE COUNTY COURT

Claim No.:  xxxxxx

Between

One parking Solution

(Claimant)

- and -

Me

 (Defendant)

_________________

DEFENCE

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

2. It is admitted that the Defendant was the keeper and driver of the vehicle in question, but no liability is inferred.

3. The defendant visited the car park at Llangrannog on the material date, paid for one hour, and displayed the ticket as required. The defendant later decided to extend their stay, and attempted to pay for a further hour but was unable to do so due to lack of correct change. The pay machine did not accept card payments, but there was an option to pay by 'phone.
The defendant attempted to pay by this method but was unable to do so as there was no mobile 'phone service available at the site. As a result, a frustration of contract occurred because the defendant was unable to pay in accordance with the posted terms and conditions due to the claimant failing to ensure this alternative method of payment was actually available.

This problem has been well highlighted here - https://www.walesonline.co.uk/news/wales-news/llangrannog-car-park-fine-beach-20537396

4. The Defendant did not agree to pay a parking charge, let alone unknown costs, which were not quantified in prominent text on signage.

Fruitcake

You can only agree to the Ts and Cs if they are prominently brought to the attention of the driver, AND it is actually possible to comply with them.
Don't mention anything about not agreeing to pay the charge. Concentrate on inaccurate terms and conditions (it could even be interpreted as entrapment because you decided to stay based on the fact that you could and would pay, but the claimant denied you that ability and did not provide a method by which it was actually possible to pay), and frustration of contract because the claimant failed to provide reasonable alternative payment methods other than cash.

Wanda_Woman

So is this finally what i need?

IN THE COUNTY COURT

Claim No.: xxxxxx

Between

One parking Solution

IN THE COUNTY COURT

Claim No.: xxxxxx

Between

One parking Solution

(Claimant)

- and -

Me

(Defendant)

_________________

DEFENCE

1. The parking charges referred to in this claim did not arise from any agreement of terms. The charge and the claim was an unexpected shock. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all. It is denied that any conduct by the driver was a breach of any prominent term and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the Particulars.

2. It is admitted that the Defendant was the keeper and driver of the vehicle in question, but no liability is inferred.

3. The defendant visited the car park at Llangrannog on the material date, paid for one hour, and displayed the ticket as required. The defendant later decided to extend their stay, and attempted to pay for a further hour but was unable to do so due to lack of correct change. The pay machine did not accept card payments, but there was an option to pay by 'phone.
The defendant attempted to pay by this method but was unable to do so as there was no mobile 'phone service available at the site. As a result, a frustration of contract occurred because the defendant was unable to pay in accordance with the posted terms and conditions due to the claimant failing to ensure this alternative method of payment was actually available.

This problem has been well highlighted here - https://www.walesonline.co.uk/news/wales-news/llangrannog-car-park-fine-beach-20537396

Statement of Truth

I believe that the facts stated in this defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Defendant’s signature:

Date: