County Court Claim Form McDonald's Parking Ticket Help 18 January at 5:59PM in Parking tickets, fines & parking 5 replies 100 views

dingosatemybabe

I'd really appreciate some help. I'll try to keep it brief. Husband received a parking fine from McDonald's for overstaying. This was January last year. It was a mistake. He visited twice on that day. At the time he was supposed to have been in the McDs car park he was actually picking me up from work. I obtained evidence showing our car in my work car park. Time amd date stamped. We sent it to the company chasing us. We have done this 4 separate times over 12 months. All ignored. He's now had a letter through saying it is a county court claim form. Husband had a massive stroke after a heart bypass operation last Tuesday. Has been in a semi conscious state since then. I rang the number on the form to explain and say please put this on hold. They won't speak to me. Only him. I said he's in a coma. Tough. They can't put it on hold. So what the hell do I do now? Please help me. He hasn't done anything wrong and we've sent photos to prove it and now this. 

Coupon-mad

Oh I am so sorry to hear this.  Sincerely hope he recovers well.

There is a way that you can defend this for him on his behalf due to his incapacitation - but I can't recall under what Act or statute, or what you declare your status to be when signing the defence on his behalf (normally not allowed).

See what @bargepole or @Johnersh says!

What's the date of issue of the claim (top right)?

Which PPC is the Claimant?

Which solicitor please?

bargepole

You can apply to act as a Litigation Friend, in circumstances where the party lacks capacity to conduct their own case.

The relevant form is N235, which you can download here: Form N235: File a certificate of suitability to be a litigation friend - GOV.UK (www.gov.uk)

Johnersh

Write to C and explain the score. Ask them in the circumstances to discontinue. They may want a hospital letter - but the court will probably want that anyway for the cert of suitability.  They may refuse, but many businesses waive modest debts when it is obvious there are difficult times. 

Good news is that C cannot take action against a protected party (other than issue) without the court appointing a lit friend. So if C is on notice of your circumstances they cannot obtain judgment under the rules. 

Umkomaas

If it's a McDonalds car park, it's likely to be MET or UKPC involved - both BPA AOS operators. If so, Sara at the BPA will help, I'm sure. 

So sorry to hear of your husband's condition and I hope he'll make a good recovery. Please let us know the name of the parking firm. 

While you have other things occupying your time at the moment, you might want to make the BBC's Watchdog aware of the appalling intransigence of the parking firm involved. 

https://forums.moneysavingexpert.com/discussion/6418451/bbc-watchdog-if-you-are-struggling-with-an-unfair-parking-charge-do-get-in-touch/p1

Mouse007

What is the date of issue on the Calim Form?

I think you should follow the standard advice and file an acknowledgment of service because that will give you an extra 14 days to prepare and file a defence. That defence will be very easy to do and we will help you with that. There is a template ready to use and you have already explained that this is a double dip issue.