Claim form

Venus_24

So I’ve been chased by the debt collectors since December 2022 and now they’ve sent a claim form. 

Basically the machine wasn’t working, I was only there for 30 minutes and I forgot to pay. It was like 75p/95p to park so when I got the £100 fine I thought how unfair and thought perhaps if I ignore it they will drop it. 

Now with court fees etc it’s too much and also think it’s completely unfair. If I really must I’ll pay £100 fine but I’d rather not for a 75p offence! 

I don’t remember all the details from that day, I think I went shopping for some last minute stuff from M&S with my husband and toddler, don’t remember whether it was me or hubby driving and also at the time I was pregnant and I was also suffering from undiagnosed prenatal depression as well as undiagnosed ADHD. So for my neurodivergent brain, if there’s too many steps to paying it becomes more likely that I will forget. 

I’ve already done the AOS form to say I’m defending fully a week ago but just wanted to get some advice before I copy and paste as explained on these threads. 

Gr1pr

There was no fine, no offence, just a £100 invoice called a parking charge notice for the alleged breach of the parking contract on that private property, issued by a private parking company 

Please name that parking company, plus name the lawyers involved if they are listed below the company, top left of the claim form. The parking company is the Claimant, not any debt collectors ( they don't ignore these things, tens of thousands of claims every year out of over 10 million PCNs issued annually. )

Fairness doesn't enter into it, its a business transaction 

Post the issue date from the top right of the claim form, plus post the date that you did the AOS online too

Also post a redacted picture of the POC on the bottom left of the claim form, hiding the VRM details and hiding the rest of the claim form 

Then adapt the template defence by coupon mad, in announcements 

If you lost the case, its likely to cost you about £212, not £100, but if you win due to the faulty machine then you pay Zero, with a possibility of claiming around £100 , but I would suggest that the case may get discontinued before the hearing, like hundreds of others on here 

Venus_24

Thank you so much for replying so quickly!
Claimant is Euro car parks limited and the lawyers are DCB legal. The issue date was 05/09/24 and AOS date was received on 16/09/24. I did it on the 15/09/24. 

The amount they are claiming for is £194.24 but with court and legals it comes to £279.24.
Even if I lost I think I’d rather try to defend it first in case they do discontinue it. 

I will post again once I’ve adapted the defence template. 

But just want to say thank you so much for this thread and all your help. 

Coupon-mad

https://forums.moneysavingexpert.com/discussion/6556252/ccj-county-court-letter-issued

DCB Legal will discontinue in 2025. Easy!

KeithP

Venus_24 said:

The issue date was 05/09/24 and AOS date was received on 16/09/24.

With a Claim Issue Date of 5th September, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 8th October 2024 to file a Defence.

That's a little over a week away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Venus_24

So I still send the defence as stated in these forums? And then in 2025 they will randomly discontinue it towards the end? And if they don’t- I pay the fees etc. 

just making sure I’m not misunderstanding. 

Here’s paragraph 2 &3 from the given template. Not too sure if I’m wording it correctly or if I’m putting in too much information. 

The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC 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". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and was in the car, although cannot remember if the defendant was the driver or if the defendant’s spouse was driving. 

The Defendant was in the car park for under an hour, they approached the pay and display ticket machine however it was out of order therefore the defendant was unable to get a pay and display ticket. The Defendant doesn’t remember why they were unable to use another means to pay for the parking however it was the claimant’s responsibility to make it accessible for the defendant to pay for a ticket. As the defendant has ADHD and was pregnant and suffering from ill mental health at the time, that pay and display machine was the only accessible option and it was out of order on that date thus the Defendant was unable to pay 80p for the parking. 

Coupon-mad

And if they don’t - I pay the fees etc. 

Eh? If they don't, you try to win at a hearing!  Even if you lost you'd pay less than claimed.

Venus_24

Brilliant! Yes I will defs go to hearing If it comes to it. Thank you!

So are those paragraphs ok? Shall I submit my defence? 

Gr1pr

Venus_24 said:

Brilliant! Yes I will defs go to hearing If it comes to it. Thank you!

So are those paragraphs ok? Shall I submit my defence? 

I wouldn't, not yet, simply because you have another week before the deadline to hone it or to get the go ahead to slot it back into the template defence before sending it by email 

You get one chance, one defence submission, so it should be the best few paragraphs that it can be , before submission to the CNBC in Northampton 

LDast

You could put a nursery rhyme in for your defence paragraph. I'd put money on it being discontinued, no matter what goes in to your defence.

Coupon-mad

Venus_24 said:

So I still send the defence as stated in these forums? And then in 2025 they will randomly discontinue it towards the end? And if they don’t- I pay the fees etc. 

just making sure I’m not misunderstanding. 

Here’s paragraph 2 &3 from the given template. Not too sure if I’m wording it correctly or if I’m putting in too much information. 

The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC 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". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and was in the car, although cannot remember if the defendant was the driver or if the defendant’s spouse was driving. 

The Defendant was in the car park for under an hour, they approached the pay and display ticket machine however it was out of order therefore the defendant was unable to get a pay and display ticket. The Defendant doesn’t remember why they were unable to use another means to pay for the parking however it was the claimant’s responsibility to make it accessible for the defendant to pay for a ticket. As the defendant has ADHD and was pregnant and suffering from ill mental health at the time, that pay and display machine was the only accessible option and it was out of order on that date thus the Defendant was unable to pay 80p for the parking.

Those defence added paras look fine.

This will be discontinued in the end.