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Car Park Services - Letter from small claims court - Northern Ireland

I’ve now received a letter from the small claims court as Car Park Services are taking me to court for £991 of car parking fees and their court fees. 

Having a full panic attack, it’s costing me £91 to dispute it too. 

There wasn’t a proper notice before claim, they sent a letter on the 12th September saying I’d to pay by 19th September. I ignored it and now I’ve received this letter. 

I have zero clue what to do now, do I dispute it and how because I’ve no evidence as these were from 2018/2019 and I’ve no clue what to do. I’m going to end up with a CCJ and ruin my chances of getting a mortgage now 
«134

Comments

  • Coupon-mad
    Coupon-mad Posts: 147,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 September 2023 at 1:13PM
    it’s costing me £91 to dispute it too. 
    Really? Are you sure?  You are the Defendant not the Claimant.  Not sure defending should ever cost anything.  It costs zero to defend a case in E&W.

    Were you also the driver, or not?

    You can certainly avoid a CCJ.  Ask your Consumer Council to advise you what to do. We have never seen a NI claim and don't know how it differs.

    This is a possible defence:

    "It was either me or my ex partner driving possibly his mother."

    Took the above from your thread.  You need them merged. Only a 33% chance the keeper was driving a d highly likely it was not you on every occasion.  And you don't have keeper liability in NI and it can't be assumed you were the driver even once, let alone for several PCNs.

    Do you have legal cover on your House insurance? Use that urgently!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 42,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can we see a redacted (of your personal information) copy of the small claims court letter please?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Coupon-mad
    Coupon-mad Posts: 147,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 September 2023 at 1:14PM
    Could you show the claim form (redacted of all ID, VRM and claim number refs and any 'password' of course covered.

    But first - check your house insurance.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Mspx
    Mspx Posts: 11 Forumite
    Tenth Anniversary First Post Combo Breaker
    Please see the letter I received 
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
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    First claim I've see in NI for a long time but not surprised they have done it for this amount.  I saw some from apcoa back in 2016. These were beaten on the basis of a defence of not being the driver.
    You don't pay the fee. Its for the claimant 
    Personally if it was me I'd be defending it on the basis of not being the driver and thus not liable.


  • Mspx
    Mspx Posts: 11 Forumite
    Tenth Anniversary First Post Combo Breaker
    edited 26 September 2023 at 2:10PM
    I don’t have legal cover on any of my policies and I’ve just checked and the fee is if I want to counter claim, just panicked when I read it. 
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    edited 26 September 2023 at 2:02PM
    Mspx said:
    I don’t have legal cover on any of my policies 
    You honestly don't need legal cover. You acknowledge the claim and put together a defence. Do NOT use the template on here. You need a defence which is specific to the claim.
    https://www.mylawyer.co.uk/the-defendant-disputes-all-or-part-of-my-claim-a-A76076D76668/

    I know exactly how I'd defend this with no issue.(as mentioned above)

  • Coupon-mad
    Coupon-mad Posts: 147,696 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 September 2023 at 2:35PM
    You aren't counterclaiming. You're defending on the main basis that it was highly unlikely you were driving on any occasion (explain why) and that there is no lawful presumption in law, that the keeper was the driver.  And that you dispute that the signage was clear or that any breach arose due to any conduct of the unknown driver.

    What does the accompanying paperwork say about how to defend. Can you do it online?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 42,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    That is just an application not an actual court claim. The formal court claim form surely must come before defending. This might just be an 'arm twister'?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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