Defence help

Spring25

Hello I am trying to help my sister with this.
She parked a while ago at one of her usual places of work. She usually has to pay for the car park and then claims it from the company she works for. On one of the days she was very busy at work, tried to pay at some point of the day, but the app was failing at that moment (she doesn't have proof of that unfortunately) and then forgot to pay for the day. How could she word that on her defence? Would it be helpful to mention she usually works there and had no intention of wrong doing (as she would get reimbursed for the parking charge anyway). Her claim is from dcb parkingeye. Also, can I ask if she went to the hearing and lost, is it 100% certain that she would be able to remove a CCJ if paying within 30 days? She is very worried thinking 'what if they give me a CCJ and don't get notified on time etc' .
Thank you for your help

Spring25

Am I right assuming after the AOS it is too late to try any appeal (to POPLA or the landowner for example)?

G6PRK

There should be no need for any assumptions if you read the newbies sticky in detail. You are certainly too late to appeal if you’ve received a claim form. Always worth a try with the landowner. 

Post the NtK and claim form with personal information redacted. 

Coupon-mad

Spring25 said:

Am I right assuming after the AOS it is too late to try any appeal (to POPLA or the landowner for example)?

Wow no.  Why on earth would she want useless POPLA?

You realise defending is EASIER than trying POPLA and includes a Mediation phone call stage where she can offer a fiver or a tenner to cover the fee when their app failed? They might accept, if not no CCJ is risked.

can I ask if she went to the hearing and lost, is it 100% certain that she would be able to remove a CCJ if paying within 30 days? She is very worried thinking 'what if they give me a CCJ and don't get notified on time etc' .

A CCJ is impossible. As long as she defends the claim AND follows all stages and court directions, she's not going to suddenly get a CCJ. Even if it goes to a hearing she just pays about £212 and it's over.  No CCJ remains.

It is a complete no-brainer (regardless of merits of the case) to ALWAYS defend a parking claim.

Show us the POC and tell us the Date of Issue of the Claim, and the date the AOS was done?

Spring25

Date of issue of claim was 18/03 and AOS 26/03

Le_Kirk

Those POC are perfect for the use of Chan & Akande in the defence. See here: -
15 August 2024 at 9:33AM <<<LINK

Coupon-mad

And that defence is already written. It's linked in the first post of the Template Defence thread.  DCB Legal & ParkingEye, isn't it?

Spring25

One more question. Do I have to email the defence only? Or also fill one of these out (someone from the court sent me those when I asked for the AOS form, as I could not do it on the website)

N9B Specified defence and counterclaim* form: (won't let me add link)

N9D Unspecified defence and counterclaim* form:  (won't let me add link)


Sorry I know this is probably somewhere but lots of info here, can be overwhelming for non tech savvy people like me. I cannot see it mentioned on the 12 steps so it had me wondering. 
Thanks in advance!

Coupon-mad

No forms are used.