Court date for CCJ claim regarding a parking ticket

ChiroJay1980

Hello, 
I was hoping to get some advice please? I received a letter from a debt collector back in September 2021, informing me that I had an unpaid parking fine from an NCP car park from earlier that year. 
I called NCP straight away, as it was the first I knew about it. They said I should've received 2 x PCN's through the post, which I didn't. It was during the whole 'Ping-demic' issue of that year and our post was all over the place (I never did receive them). 
In the car park in question, there were no machines or contactless payment options, but you had to download their App and set up payment. 
I explained to NCP that I had done this, and selected the 'auto-pay' option. 
It wasn't until the letter from the debt collector came, that I opened the App again, and realised I'd typed a 'K' instead of an 'H'. Therefore, the payment didn't go through. ( I hadn't long changed cars)
At the time, I was under a lot of stress. I was in this particular part of London due to needing to get my laptop, which had appeared to die suddenly, to the nearest Apple Store that could see me. I was stressed because my clinical database was on this laptop, and I hadn't backed it up recently (stupidly). 
It was quite a faff, trying to download this App, in a multi-story carpark, in a built up area, with poor reception. I personally feel they should've offered a contactless option, as many elderly people wouldn't know how to set this up on the hoof. 
My visit was by appointment only, due to COVID, and I was in a rush to get to the store, having never been to this particular town in the past. 
My father was also terminally ill with cancer, and I was trying to get down to Wiltshire to see him straight after dropping my computer off. 
I explained all this to NCP and was told to email their claims team (I didn't ever get a response) to explain the mitigating circumstances. 
I explained that I hadn't had the normal legal right of everyone else to contest my ticket, due to not receiving my PCN's, and was told that I was legally deemed to have received them if they had been posted, unless I could prove otherwise (how you're meant to prove you didn't receive something is beyond me), and that there was nothing they could do, after being on hold for 3 hours (three separate calls trying to get through to them). 
I called the debt collector out of courtesy to tell them that I wasn't ignoring their letter, and that I was trying to sort things with NCP. I can't begin to tell you how rude they were on the phone - absolutely dreadful!
In the end, I had to pay them, as they were threatening court action, and I wasn't getting anywhere with NCP. 
I felt so outraged by the total lack of customer care/support, that I decided to put a small claim in against them. 
This was never about getting away with my ticket. I hold my hands up that I made a typo, but that I don't feel it was much to ask for NCP to call the debt collector off and re-issue me with my initial PCN. I could've then contested my ticket and put my case forward like everyone else has the right too, and then if they'd decided it was tough, I would've paid the £60, instead of £160 for a space I had tried to pay for. 
Their solicitor didn't submit his paperwork in time to enter mediation, which I had agreed to do. 
There's now a court date in July, and my question to the forum, is whether it's worth persisting with, or to drop the case? Do I stand any chance of success in your experience?  
Since starting this, my mother has been diagnosed with terminal cancer, and I'm driving back and forth across the country regularly to take her to her oncology appointments and to be there for support. I'm just starting to wonder if it's all worth the hassle? I was hoping a judge could just look at both sides of the argument and make a decision rather than needing a day in court. 
Any advice would be hugely appreciated as to whether it's worth persisting with this please? 
Best regards to all, 
J

Coupon-mad

I called the debt collector out of courtesy to tell them that I wasn't ignoring their letter, and that I was trying to sort things with NCP. I can't begin to tell you how rude they were on the phone - absolutely dreadful!
In the end, I had to pay them, as they were threatening court action, and I wasn't getting anywhere with NCP. 
I felt so outraged by the total lack of customer care/support, that I decided to put a small claim in against them. 

You didn't have to pay but I think you know that now. Should have ignored the DRA completely.  Your case was easy to defend.

So, I think your prospects of success with the back-to-front approach of unnecessarily paying, then suing for it back, are probably quite low, TBH.  But show us what your Particulars of Claim said?

You also know you'd have to supply a witness statement and evidence, by the deadline stated in the Hearing letter?

ChiroJay1980

Many thanks for your response. It's very helpful. 
It's all very frustrating, as NCP couldn't have cared less. I felt a stuck between a rock and hard place as the debt collectors were threatening court action if I didn't pay by a certain date, which was keeping me awake at night, and I wasn't getting anywhere with NCP. 
Probably best to cancel the claim and not deal with the stress of it. I will never spend another penny in one of their car parks again though. 
Am I likely to receive a counterclaim in your experience? This is all foreign territory to me. 
Really appreciate your help. 

Not_A_Hope

What do you think they would counterclaim for. They have scammed you and have happily put your money in their bank.

No doubt you will continue to be busy supporting your family over the coming months but if you want some sort of revenge you should contribute to the forthcoming public consultation on the new Code of Practice which should stop the worst practices of the parking industry.

Come back to the forum from time to time to check out progress. 

Or you could bookmark the second thread on this forum 

MSE Parking Ticket Appeals Guide feedback

So that you get alerts when it is out for consultation 

Coupon-mad

ChiroJay1980 said:

Many thanks for your response. It's very helpful. 
It's all very frustrating, as NCP couldn't have cared less. I felt a stuck between a rock and hard place as the debt collectors were threatening court action if I didn't pay by a certain date, which was keeping me awake at night, and I wasn't getting anywhere with NCP. 
Probably best to cancel the claim and not deal with the stress of it. I will never spend another penny in one of their car parks again though. 
Am I likely to receive a counterclaim in your experience? This is all foreign territory to me. 
Really appreciate your help. 

Are your particulars of claim not strong enough to build a case?  I suspect it would be chucked out if you haven't pleaded a legal rationale to support it.

B789

Does the OP actually understand their faux pas of taking note of the debt collectors? It doesn't seem so.

@ChiroJay1980, the debt collectors, no matter how scary and intimidating their letters appear to be, are powerless. They are not a party to the alleged contract you breached with NCP. They offer a service to all the scamming PPCs on a no-win, no-fee basis. They offer to send nasty, threatening letters in the hope that gullible victims will poop their pants and pay up. They have no power to take anyone to court or issue any claims against them.

Sadly, if you'd been fortunate enough to come here as soon as you received the original PCN, you wouldn't be out of pocket having funded their scam. As for your claim against NCP, as @Coupon-mad and others have or will advise, is likely to be a futile exercise unless you have submitted really good Particulars of Claim and you have some very valid legal points in your favour.

As you have come to learn, these bottom-dwelling scammers care not one iota about any mitigation. They want your money and that's it.

If you are very serious about making your claim, then you will get assistance from the regulars on here and I admire your tenacity for doing so.