£3000 County Court Claim from Park Direct UK

CluelessDefendant

Coupon-mad said:

I hear you but without a witness statement and evidence, the Judge had nothing to go on from you. Defence was never your only job.

See if Contestor Legal say if you have any hope. Possibly the only chance is the error of the Judge wrongly saying your defence claimed you were the tenant. 

Do you think it's worth calling Park DIrect UK and trying to reason with them? I'll make them aware that if I have no other option, I'll have to pay but I'll try explore other routes first. My family are hard working people, I'd be so ashamed if I bring the bailiff to their house... Being a bit dramatic here but I'll never forgive myself if that happens 

CluelessDefendant

Exodi said:

Grizebeck said:

@Exodi
As you will be aware a HCEO has no right of entry into a domestic premises unless invited in

I think this is a good thing to add for completeness, and also serves as further justification for telling the parents beforehand, to avoid the dreaded 'foot in door' scenario on an unsuspecting parent.

Fortunately, it sounds like the OP intends to reach a payment arrangement, before it got to that stage.

I am sending an email to Consestor Legal and just tried to call Park Direct UK to speak to them, they let the phone ring and hung up on me lol... Bit of a running theme there... 

Coupon-mad

Do NOT ring up Park Direct. Stop.

Umkomaas

Park Direct will give you nothing. They have a court decision in their favour - despite your feelings, it's all legal and above board - they won't knock a single penny off the costs order. 

CluelessDefendant

Coupon-mad said:

Do NOT ring up Park Direct. Stop.

What else can I do apart from waiting for Contestor Legal getting back to me? I really just don't want the bailiff going to my parents house. I just want to put this !!!!!! behind me, it's caused a lot of mental strain over the past couple of years, it's always on the back of my mind. Not trying to be dramatic, but it's made me feel so !!!!!! that someone can just easily drain me of my money like that, if so be it, I just don't want someone forcing their way into my parents house and taking their things!

CluelessDefendant

Umkomaas said:

Park Direct will give you nothing. They have a court decision in their favour - despite your feelings, it's all legal and above board - they won't knock a single penny off the costs order. 

So apart from hoping that Contestor Legal can help me appeal on one technicality, what else can I really do? Might as well just reach out to them and start dealing with it.. 

Coupon-mad

We feel for you - this is appalling - but this could all have been avoided if you'd followed the advice in the NEWBIES thread and complied with court directions (you didn't do either).  You failed to file a WS bundle. Then you failed to attend court.

Ask your parents if they've received a note in the door. An Enforcement Notice.  If not then if this was a Gladstones Claim then a letter from Empira will arrive first.

You already have a CCJ because that Order is dated well over a month ago.  Possibly Contestor Legal can help tomorrow. They call you back I think.

CluelessDefendant

Coupon-mad said:

We feel for you - this is appalling - but this could all have been avoided if you'd followed the advice in the NEWBIES thread and complied with court directions (you didn't do either).  You failed to file a WS bundle. Then you failed to attend court.

Ask your parents if they've received a note in the door. An Enforcement Notice.  If not then if this was a Gladstones Claim then a letter from Empira will arrive first.

You already have a CCJ because that Order is dated well over a month ago.  Possibly Contestor Legal can help tomorrow. They call you back I think.

I got a letter from Park Direct UK on the 13th that if I don't resolve the matter within 7 days, they'll take further legal action. The thing is apart from the CCJ letter, I didn't receive anything with regards to how to pay, appeal, etc

Coupon-mad

CluelessDefendant said:

B789 said:

Don't forget that as part of your defence you can request that the claim is struck out if the PoC is not adequate.

The defendant respectfully would like to draw the courts attention noting that:

1. The Particulars of Claim are entirely inadequate, in that they fail to particularise (a) the contractual term(s) relied upon; (b) the specifics of any alleged breach of contract; or (c) the alleged loss

2. The Defendant is unable, on the basis of the Particulars within the Claim Form, to understand properly and specifically what case is being pursued

3. The Particulars appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action"

4. The claim has been issued via Money Claims Online and, as a result, is subject to a character limit for the Particulars of Claim section of the Claim Form

5. In the opinion of the Defendant it ought to have been entirely possible to deal with the matters outlined above within that character limit but for the fact that generic wording appears to have been applied

6. In the event that it was or is impossible to properly set out the key parts of the claim within the character limit then it was incumbant upon the Claimant to file and serve separate Particulars of Claim within 14 days per 16PD.3

7. The guidance for completing Money Claims Online confirms this and clearly states: "If you do not have enough space to explain your claim online and you need to serve extra, more detailed particulars on the defendant, tick the box that appears after the statement 'you may also send detailed particulars direct to the defendant.'"

AND UPON no further particulars having been filed

AND UPON it having been entirely within the Claimant's Solicitors' gift to properly plead the claim at the outset

AND UPON the claim being for a sum, well within the small claims limit, such that the Defendant considers it disproportionate and at odds with the overriding objective (in the context of a failure by the Claimant to properly comply with rules and practice directions) to order further particulars, to which a further defence might be filed, followed by further referral to a Judge for directions and allocation

IT IS REQUESTED that:-

1 The Claim is struck out

Or words to that effect. At least bring it to the judges attention for consideration.

Coupon-mad said:

DCB Legal were dispatched to chase me up but the CCC has come directly from the parking company.

Really, are you sure it's not via DCBLegal?

Please copy & paste the Particulars of claim here, redacting your VRM.

The PoC:

"Park Direct UK Ltd are a private parking enforcement company employed by the landowners for the enforcement and control of parking on their land (Defendants housing estate and tennis court parking adjacent to it) to prevent abuse of their parking terms & conditions. Vehicle registration number XXXXXXX whereby the defendant was the legal registered keeper, were issued with 15 Parking Charge Notices (totalling £2550) (inclusive of debt recovery charges) for breaching the advertised terms of parking. PCN issued: XXXXX x15. PCN's/ notice to keepers and reminders have been issued to the keeper. All PCN's have been issued to the keeper. All PCN's have been issued in accordance with the Protection of Freedom Act 2012."

Yes, they made a typo in this short claim, do people not spell check anymore? 

The signed claimant at the bottom is "Park Direct UK Ltd" so I do believe it's them who've made the claim.

Oh! How rare. A case filed by Park Direct!

No solicitor was involved, so no immediate fast danger of bailiffs but that could happen later.

Did that claim list all 15 PCNs and dates?

No?

Or did they send further Particulars the week or two after that claim? 

If not, TELL Contestor Legal as they might have grounds to appeal because your defence presumably pointed out that the POC were inadequate and defective?

CluelessDefendant

Honestly what's to stop me leaving my career and starting a private parking business, offering my services for free, and slapping parking tickets on unsuspecting people's cars? Apart from my morals of course..