Lost court battle - Huge payment now inflicted

[Deleted User]

I today represented myself in court against a parking cowboy firm (name redacted).

I followed the advice on here to the letter. The judge ripped all of the arguments apart and found in the claimants favour. I am now obliged to pay a huge amount. Its not an exaggeration to say it will probably make me bankrupt. Sad day. 

Fruitcake

There is no reason not to name the claimant, especially if it is to do with your existing thread about CEL. If it is, then please continue to post there and let this thread die.

Please tell us what happened so we can better understand the judge's reasoning.

Is insolvency rather than bankruptcy an option?

[Deleted User]

The claimant was UKPC in mansfield court over the telephone. The judge went through many many points relating to whether the registered keeper of the vehicle could be pursued not the driver, whether the charges were unfair, whether previous case law was applicable (Beavis etc etc), consumer law of fair contracts etc. All of my defences were thrown out. approx £1200 for 5 overstays in Mcds car park. The lady who was the judge said she was sympathetic my situation but that she still found in their favour.

KeithP

How 'huge' is this "Huge payment now inflicted"?

[Deleted User]

Approx £1200 thats a huge amount to me

lisyloo

Is there no way to agree a payment plan?

I would suggest you go over to the dealing with debt board and get some advice there.

[Deleted User]

With the current situation of high energy prices, high fuel bills, the chances of me paying ANYTHING to these cowboys is Nothing to non-existent. I dont own a home (i rent) and have nothing of any particular value. I will file for bankruptcy and have a fresh start. The world has gone to hell in a hand cart.

Half_way

Why did your vehicle pick up 5 parking charges?
Overstay? Double dip? Other?

[Deleted User]

I genuinely wasn't driving. It is likely but not certain as I told the judge that based on the times of the charges, my wife took my children to school at around 8.45am. She then went through the drive thru and got a coffee and sat on her phone answering emails, phone calls etc. The overstays over the 90 mins allowed ranged from 8 minutes to 80 mins on 5 separate occasions. As Keith P so valiantly said "Your problem is of your own making" .....well perhaps it is for being married to someone who clearly either cant read, doesn't care or is unaware of her surroundings !!!

lisyloo

Yes she’s selfish.
8 minutes ok, 80 minutes is definitely parking and she’s selfish and inconsiderate - very if it’s going to bankrupt you.

did they all come At once? Or is she so selfish she ignored 1, 2, 3 & 4 in which case get divorced whilst you at it.

thats not your fault but surely at some point before you got to court you understood your liabilities as registered keeper and the risks of going to court, taking Advice from strangers and representing yourself? especially if £1200 will bankrupt you.

I’m sorry the forum advice let you down.

for the benefit of others and perhaps yourself when you start again ive got this legal policy from which I’d expect to get professional advice (£15 per year)
https://www.rac.co.uk/insurance/legal-expenses-insurance

[Deleted User]

lisyloo said:

Yes she’s selfish.
8 minutes ok, 80 minutes is definitely parking and she’s selfish and inconsiderate - very if it’s going to bankrupt you.

did they all come At once? Or is she so selfish she ignored 1, 2, 3 & 4 in which case get divorced whilst you at it.

thats not your fault but surely at some point before you got to court you understood your liabilities as registered keeper and the risks of going to court, taking Advice from strangers and representing yourself? especially if £1200 will bankrupt you.

I’m sorry the forum advice let you down.

for the benefit of others and perhaps yourself when you start again ive got this legal policy from which I’d expect to get professional advice (£15 per year)
https://www.rac.co.uk/insurance/legal-expenses-insurance

They all came at once from DCB legal. Im actually quite relaxed about the whole thing now ive had an hour to think about it all as ultimately I have nothing to lose in bankruptcy. If i have nothing, they cant take it. I will have to pay approx £660 bankruptcy fee but I get a fresh start and the cowboys have failed in that they have spent a lot of time and effort and will receive nothing. Mcdonalds will lose as I will never set foot in one again (in fact my health will thank me). Time for reflection and learning methinks.