CCJ & High Court Rit

ChirpyChicken

Am a little surprised judge didn't agree to the consent order.

sh4rpy03

He didn’t really say much literally asked me if I had evidence of paying for the parking and asked me why I never received any letters from them and then just said I’ll receive the questionnaire and that he will set aside the judgement and he will see me in a few months, it lasted about 4 minutes. 

sh4rpy03

@ChirpyChicken not too sure but the feeling that I got from him is that he wants me to be able to back up what I’m saying ie with the evidence of payment. 

sh4rpy03

@Coupon-mad @ChirpyChicken just received my questionnaire from the court and the case has been reset back to small claims please see photo below. 

Just a quick question I believe I read in a post in the forum that I should decline mediation and ask for a hearing, I do have a friend who was present at the time of the payment so I guess they would be a good witness to use. 

Or am I better off accepting the mediation?

thanks again 

Umkomaas

Just a quick question I believe I read in a post in the forum that I should decline mediation and ask for a hearing

I'm not sure this will go to a mediation stage, but if it does, mediation is now compulsory. 

sh4rpy03

Hi guys so I have received an email from dcbl which I have copied and paste below. 

With my evidence for paying for the parking been limited as I cannot prove the transaction was made on the day my bank only shows when the money came out. It looks like the only thing I have left is to say I was not the driver which I was not but that seems a little weak of a defence and the judge did say at my hearing that he will use my skeleton defence of the machine been faulty that day. 

They have sent me the original PCN’s which I cannot see anything wrong in terms of VRN also they have sent me a list of registrations for that day and the vehicle is not listed. 

Any help would be appreciated but I think it may be best to just settle at the £400 and put this whole thing to bed

We write further to your correspondence below.

 

It remains our Client's position that the Parking Charges have been correctly issued as no valid pay and display / permit was purchased for your vehicle registration mark on 04/01/2019 and 13/07/2020. This was outlined within our Client's appeal response, a copy of which is attached. The payment log within their response confirms no payment was made for your vehicle registration mark, as such, the Charges have been correctly issued.

 

The evidence provided of the bank statement does not confirm that payment was made on each material date, nor does it confirm payment was made for your vehicle registration. 

 

Please find attached the Notices and images of the vehicle as requested.

 

The costs are £100.00 per Parking Charge, issued as per the Contract. A charge of £70.00 has been added to the sum of each Parking Charge, as per the contractual costs outlined on the signs, as the Claimant has had to go to the expense of instructing debt collection agencies to recover the debt. Interest at a rate of 8% per annum pursuant to s. 69 of the County Courts Act 1984 has been claimed - the sum of which being £147.20. A sum of £50.00 has been claimed for the costs of issuing a Claim and a further £50.00 has been claimed for fixed costs pursuant to CPR 45.

 

Please also find attached the Directions Questionnaire. A copy has been filed with the Court.  

WITHOUT PREJUDICE SAVE AS TO COSTS

 

 

To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £400.00 in full and final settlement of this Claim. The current outstanding balance is £587.20.

　　　

Should you be agreeable to this offer, please confirm the same within 14 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　

　　　

Car1980

With my evidence for paying for the parking been limited as I cannot prove the transaction was made on the day my bank only shows when the money came out.

Remember the onus is on the claimant to disprove your evidence. You paid at the correct time and have a bank statement to show the money going out. Let the claimant try to prove the workings of Barclays Bank's internal systems (or whoever).

"They have sent me the original PCN’s which I cannot see anything wrong in terms of VRN also they have sent me a list of registrations for that day and the vehicle is not listed. "

Yeah, they'd never ever "accidentally" fail to show your reg would they?

Stick to your guns. You've already go the advantage of meeting the judge.

Just keep the ridiculousness of it in the back of your head. It's unjust. They may or may not have lost a couple of quid. Boo hoo. Why should they get hundreds of pounds. And their last offer is exactly designed to make you think "sod it. I'll pay to make them go away." 

That's how they work.

sh4rpy03

My wife paid on the correct day but the money did not leave my bank that day it left on the 7th so 3 days later so I cannot prove it was paid on that day, I have checked with my bank to see if they can give me a date of when the transaction was made rather than when it left my account but they said they can only prove when it left 

Coupon-mad

sh4rpy03 said:

My wife paid on the correct day but the money did not leave my bank that day it left on the 7th so 3 days later so I cannot prove it was paid on that day, I have checked with my bank to see if they can give me a date of when the transaction was made rather than when it left my account but they said they can only prove when it left 

Of course you do not pay!

This is the Claimant's claim to prove, not your burden, and even if you lose it will be less than the claim!

Nuddmann

sh4rpy03 said:

My wife paid on the correct day but the money did not leave my bank that day it left on the 7th so 3 days later so I cannot prove it was paid on that day, I have checked with my bank to see if they can give me a date of when the transaction was made rather than when it left my account but they said they can only prove when it left 

This may or may not help.....

If you are with Barclays, which is alluded to in one of the posts above, when you go onto their mobile app and click on a transaction it will show you when the payment was made. Having just tried it, transactions that are processed on date "A" are shown as being made on an earlier date. You'll find this date in a row named "Reference". 

As simple as clicking on the transaction in the mobile app.

Hope that helps.