Parking eye -CNBC claim form-defending as unable to pay in full

Hexkey

Hi 
I have a claim form from civil national business centre. Re a parking charge in 2023. The claimant is parking eye and address is DCB legal ltd. 
 Form Issued 25.2.25 I have done acknowledgement of service online expressing intention to defend. 

I understand you suggest using para 1-5 from thread re parking eye then my own defence as para 6 then para 4 onwards from main defence template? 

Can I ask 3 things? 

1) is it worth making a counter claim for a number of hours lost earnings and stress 2) if I do this is there any potential negative outcome should I loose it? 

3) Does this sound ok as para 6…and should I take out any other paragraphs due to stating what I do in 6.

6. The claimants parking payment system did not allow the defendant (or parties paying on behalf of the defendant or current parties paying for parking in March 2025) to pay in full on exit if the period of parking was greater than the time remaining before 22:00 when exiting. 

For example a car entering at 14:00 and leaving at 19:00 could not pay for 5 hours at 19:00 as the system scrolls forward in time only and cuts if at 22:00. However a car entering at 12:00 and leaving at 17:00 could pay for 5 hours as this time remains available before 22:00

The parking signs displayed request fee is paid in full on exit. Including signage “pay for the full duration of your stay before exiting the car park” and “tariff can be payable up to midnight on day of visit”.  The signs say the car park is open from 06:00 to 22:00 hours. 

The defendant (person paying on behalf of defendant) attempted to pay the fee displayed on the parking board as owed, when this was not possible on the payment system they paid the maximum fee available on the claimants payment system which was £4:20. (Receipt retained)

The claimants signage which encourages payment on exit is creating potential breaches of contract by not enabling compliance by car owners leaving at times closer to 22:00 than the duration of their car parking time. When the defendant or any other persons paying at this time finds the system does not work as indicated by the claimants request to pay in full on exit it is too late to choose to pay at the outset of the stay. 

As such the claimants are misleading the public into a system that generates further income from PCNs. 

The defendant notified the claimant of this error with their parking payment system within their initial appeal to the PCN. The defendant received no reply. 

On revisiting the car park in March 2025 the payment options remain parking machine and parking app. Neither enable all full tariffs to be paid at all times. 

Thank you for your help

KeithP

Hexkey said:

I have a claim form from civil national business centre. 
Form Issued 25.2.25 I have done acknowledgement of service online expressing intention to defend. 

With a Claim Issue Date of 25th February, and assuming an Acknowledgment of Service('AOS') was filed sometime after 28th February, you have until 4pm on Monday 31st March 2025 to file a Defence.

That's over two weeks 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 AOS has been filed, the MCOL website should be treated as 'read only'.

Coupon-mad

1) is it worth making a counter claim for a number of hours lost earnings and stress?

No.



2) if I do this is there any potential negative outcome should I lose it?

Yes it costs you money to do a CC and forces the case to a hearing, whereas just defending will probably see the claim dropped by Summer. Better to just defend.

3) Does this sound ok as para 6…and should I take out any other paragraphs due to stating what I do in 6.

It's too long and hard to follow. Should be ONE paragraph.

Why not just say the contract was void for impossibility because the system doesn't allow a driver to pay rates that span the hours before and after 10pm. So, the Defendant made all possible endeavours to comply and paid the maximum sum possible.

Hexkey

Ok thanks for your help,
I am away for aug/sept is it worth stating this ahead on the defence form incase it does go to a hearing? 

Coupon-mad

No. Unavailable dates go on the DQ.

Hexkey

Sorry what is the DQ? 

Gr1pr

Hexkey said:

Sorry what is the DQ? 

N180 DQ stage,  please read the 12 steps in the defence template thread,  plus read the second post in the newbies sticky thread in announcements too

Hexkey

Hi following on from my defense of parking eye claim against me....... I now have the N180 DQ sent to me. I am unable to find the relevant section on the forum, ive tried searching "defence template" but this doesnt seem to work can you help.  My main query is I am not sure how to answer the qn D1  suitable for determination without a hearing....Id rather there wasnt a hearing but not sure i will have adequate opportunity to defend the case if I say it doesnt need a hearing.

Coupon-mad

But you don't have to search the forum for a pinned 'sticky'  thread. They are Announcements; always stuck at the top.

You just go to page one and read the second post of the NEWBIES thread about the n180. My signature tells everyone where to click to hop to page one in a split second.

Hexkey

Thanks... now found it but the landing page is a forum search function and it wasnt easy/clear how to find the announcements. 

Coupon-mad

Hexkey said:

Thanks... now found it but the landing page is a forum search function 

No it's not.