County Court Claim form defence

Coupon-mad

Looks good, once placed within the rest of the Template Defence.

Also:
Please find time to do the Justice Committee Inquiry before it closes next week:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

"The Committee invites evidence on:

• What the current level of delay in the County Court is

• The ways in which the County Court engages with litigants in person, and how this could be improved

• The causes of action giving rise to claims in the County Court

• What future reforms to the County Court should be considered."

Please tell them that private parking firms and their bulk litigators are the main problem as far as small claims delays are concerned, as they dominate court lists.

Parking claim numbers are rising exponentially and will make up about a third of all small claims by the end of 2023 (going by the 2022 figures that the MoJ divulged in the DLUHC's recent Parking Code of Practice draft Impact Assessment).

The Committee should recommend that private parking cases be removed from the small claims system, instead using a new 'parking pre-action protocol' (requiring use of ADR instead of inflated debt demands and bulk litigators who want court).

Tell the Committee about your claim and show the Claim Form and the dodgy £170 debt letters which preceded the claim.  Tell them there was nothing you could have done to avoid court except pay up, yet this was an unfair parking charge that any competent bespoke ADR would have cancelled

The courts and consumer Defendants are being used and abused by parking firms making a mint (and it's not just the parking operators, it's the legal firms making millions).  This is a hidden (unknown to many people) scandal affecting hundreds of thousands of people every year.

Please tell the Committee that the private parking legislative framework needs to be removed from the county court altogether.  To protect consumers from this harm, and to instantly relieve the pressure on the Small Claims CNBC and MCOL system, parking cases should NEVER go to county court and should not be able to affect people's credit rating, as a matter of national policy.

Please add your voice. Include those two things I've put in bold.  Both are needed to act as a court buffer.

Interested parties have until 14 December to make a submission to the committee.

1505grandad

"5. The Defendant advises, they had visited the site regularly that week. The defendant parked in the car park Mon-Thurs and entered the registration plate on all 4 days."

Driver admitted therefore para 6 and others quoting POFA 2012 re RK liability not relevant.

Coupon-mad

Good spot!

MissA123

Aww thanks guys! i will submit it tomorrow xx youve been amazing! 

Coupon-mad

And then please do the Justice Committee Inquiry while it is fresh in your mind, if you want to change things.

Nothing will change if people don't seize this one-off Inquiry opportunity, and the good thing is, the Government is already actively finalising regulating the parking industry so change can happen in 2024 to the court process and the pre-action protocol, as part of the Framework already slotting into place.

The Justice Committee are not necessarily expecting submissions about parking cases though - parking cases would not have been on their radar when they opened this Inquiry, all they know is that there are horrific delays in the County courts - which is why we need to send them responses that tells them EXACTLY which industry is causing it.

Deadline extended till 17th January!  Yay!

The more evidence of parking claims wasting court time, the better.

MissA123

FYI all, ive just receieved Notice of Proposed Allocation to the Small Claims Track! 

MissA123

Hi all, its now going to court. I cant afford to take time off to go to court, what will likely happen if i dont attend?

MissA123

Im also due to have a baby in 4 weeks

LDast

If you don't attend without informing the court within a reasonable time, you risk being hit for costs beyond the fixed amounts in the claim as it would be considered unreasonable behaviour on your part.

What is your hearing date and when are you due?

Le_Kirk

When you completed your N180 - DQ - did you block out the period around your due date?  If so, contact the hearing court and inform them.