County Court Claim form from UK parking control help please

Mumtobe2016

Good evening, 
My husband has received a County Court claim form for a parking offence in 2017. The offence states he parked in a disabled bay without displaying the correct badge. This is something he did to park close to the restaurant to collect our baby as it was heavy rainfall - was there for about 5 minutes. I know he shouldn't have done this, shouted at him for it and we thought that was it. Before Christmas he received letters from debt collectors for the fine but we have stupidly ignored this following advice from other forums on different sites. 
This claim has now been sent which states there are extra costs - debt recovery costs, court fees, legal representative costs and interest. 
My husband just wants to pay this to avoid a ccj  - should we? I have read through the other forums but we don't have any evidence to back our claim as it was so long ago. what should we do? 
Thanks in advance 

KeithP

What is the Issue Date on your County Court Claim Form?

This appears to be a continuation of the saga started in your earlier thread on the Parking Board.

Mumtobe2016

Yes it is, we thought it had gone away until a debt collectors letter arrived before christmas and then this arrived today. 

The issue date is 29th December 2022.

Thank you

KeithP

Mumtobe2016 said:

The issue date is 29th December 2022.

With a Claim Issue Date of 29th December, you have until Tuesday 17th January to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st January 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

Of course you don't pay it.

patient_dream

Mumtobe2016 said:

Good evening, 
My husband has received a County Court claim form for a parking offence in 2017. The offence states he parked in a disabled bay without displaying the correct badge. This is something he did to park close to the restaurant to collect our baby as it was heavy rainfall - was there for about 5 minutes. I know he shouldn't have done this, shouted at him for it and we thought that was it. Before Christmas he received letters from debt collectors for the fine but we have stupidly ignored this following advice from other forums on different sites. 
This claim has now been sent which states there are extra costs - debt recovery costs, court fees, legal representative costs and interest. 
My husband just wants to pay this to avoid a ccj  - should we? I have read through the other forums but we don't have any evidence to back our claim as it was so long ago. what should we do? 
Thanks in advance 

As said above ... you do not pay it.   UKPC claims are rubbish at the best of times, especially the old 2017 stuff

Is the legal DCBL ?

No chance of a CCJ.   That only happens if you lost in court and did not pay as instructed.   

The legal has added a fake amount for debt collection, the courts do not like faking legals. They are trying to mug you and the judge.

"This is something he did to park close to the restaurant to collect our baby as it was heavy rainfall - was there for about 5 minutes"

Whilst frowned upon, 5 mins does not justify the mega scam you are now involved in
Clearly this was private land.  What is the connection to the restaurant ?

Far too long ago for anyone to keep evidence and that includes a judge.  The majority of judges will deduct the fake add-ons and interest so even if you lost, it's cheaper than paying now.

If it is DCBL, here is a clue what they do with rubbish UKPC claims

DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations/p1

Mumtobe2016

Thank you everyone for the advice - we have completed the Acknowledgement of Service and are currently writing the defence but this is where we are struggling. As previously stated he did park there but due to rainfall and for 5 minutes to collect baby from the restaurant. But we are worried this then makes us liable to pay as it is an error on husband's part. Please could anyone help with this? Thank you so much 

Coupon-mad

You can help yourself - because someone wrote a defence (or a witness statement?) only last week that included a quote from the new incoming statutory. DLUHC Code of Practice definition of a parking period that tells the World that setting down or picking up a passenger is not parking.

Google the new (temporarily withdrawn but it IS COMING!) DLUHC Code of Practice, and read the early definitions. Find the bits near the start that say the definition of a parking period does not include picking up a passenger.

Copy & paste the EXACT phrase from the DLUHC Code into the forum search box, and hey presto you will find the statement someone wrote quoting that last week.

That'll show you how to put it.

Mouse007

Your best defence will probably be about the signs and what is known as Lord Denning’s Red Hand Rule. Google that.

You need to compare the signs with those that Parking Eye use.

What do the signs say? Pictures please.

KeithP

@Mumtobe2016, you've been remarkably quiet since you started this thread.

Back on 5th January I wrote...

KeithP said:

Mumtobe2016 said:

The issue date is 29th December 2022.

With a Claim Issue Date of 29th December, you have until Tuesday 17th January to file an Acknowledgment of Service but there is nothing to be gained by delaying it.

Did you do that in time?

I went on to write...

KeithP said:

Mumtobe2016 said:

The issue date is 29th December 2022.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 31st January 2023 to file your Defence.

That's a little over a week away.

Coupon-mad

Mumtobe2016 said:

Thank you everyone for the advice - we have completed the Acknowledgement of Service and are currently writing the defence but this is where we are struggling. As previously stated he did park there but due to rainfall and for 5 minutes to collect baby from the restaurant. But we are worried this then makes us liable to pay as it is an error on husband's part. Please could anyone help with this? Thank you so much 

The defence I was taking about above - which quotes from the DLUHC Code about passenger drop off/pick up not being parking - is the one currently being worked on by @Ksalamut