Parked on private road as disabled driver - followed ignore advice now claim form has arrived

Bloominbargains

Hi, 
I parked on apparently a private road by a supermarket. I am disabled and had my disabled badge displayed. I do NOT remember the giant signs I have now seen there at the time of parking. I did not receive a first letter/ parking fine due to it being sent to an old address. Then I updated my details on DVLA and received a debt collection letter. Soon after I received my old post and discovered the first letter. I looked though all the advice and saw the ignore advice and followed it. I did not contact to alert them re the old address as advised, not sure why, I have ADHD and physical disabilities etc so think I just became overwhelmed. Anyway I now have a claim letter. Most advice seems to relate to parking fines for private land but I parked on a road that I looked for yellow lines and chevrons but saw none. I looked around and saw no parking signs regarding payment or do not park. The supermarket car park was full so I parked in the road next to it to go into the store and displayed my badge. When I looked at the original letter there are 2 very grainy pics of my car, and a few others, parked there. Do I have a defence? Are there any allowances on a private road re stopping if you are disabled? What are my next steps? Sorry I find the main thread very very confusing. 

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Gr1pr

Everyone has a defence,  we have a  defence template for a start 

Read the second post in the newbies sticky thread in announcements, first 

NPC via DCB Legal,  issue date 10 June,  forbidden action listed in the POC 

Complete the AOS online on MCOL over the coming weekend,  not yet

Start looking at recent cases and start drafting your defence,  you have plenty of time to get it right 

Castle

There's a VRM showing on the claim form.

Coupon-mad

Do I have a defence?

Yep, and it's really easy to do.

See the Template Defence thread and also read any other DCB Legal claim thread on the forum. Copy!

Redacted claim form here.

A term saying 'no parking at any time' offers nothing of value therefore the elements of a contract are not met.

Bloominbargains

Do many people not win their defense against these companies? I am worried about all the charges and costs if this goes to court. Would I need a solicitor or lawyer if it gets to court? Or do these not normally get that far? When I read the thread my brain didn’t process the fact it could go this far. 

GrumpyDil

You won't need to use a solicitor and the vast majority of cases never make it to court despite all the blustering and threats from the various parking companies.

The claims are based on breach of contract which relies on meeting all the requirements of having a contract. 

As @Coupon-mad says a sign saying 'no parking at any time' isn't capable of creating a contract so in this case they would really struggle to sue you for breach of contract. 

Follow the advice on here and you should be good.

Gr1pr

Bloominbargains said:

Do many people not win their defense against these companies?

 I am worried about all the charges and costs if this goes to court.

Would I need a solicitor or lawyer if it gets to court?

 Or do these not normally get that far?

When I read the thread my brain didn’t process the fact it could go this far. 

With our help, most people win, usually before it gets to a hearing 

The maximum is already shown on your claim form,  you pay nothing unless you actually lost in court,  but even that figure would be lower than the £261 on your claim form,  so around £200

No you dont need those,  save your money,  not needed

No they don't usually get that far,  they tend to discontinue just before they have to pay the court hearing fee , so a few weeks before the court hearing date,  as seen in almost 600 cases in the following thread ( all won before the hearing fee was due  )

https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations#latest

Coupon-mad

Bloominbargains said:

Do many people not win their defense against these companies? I am worried about all the charges and costs if this goes to court. Would I need a solicitor or lawyer if it gets to court? Or do these not normally get that far? When I read the thread my brain didn’t process the fact it could go this far. 

I don't think you've read the second post of the NEWBIES thread yet, have you?!

Literally none of what you've raised is true or a concern and you certainly do not need a solicitor. Obviously we win. You'll win.

Did you miss me saying "and it's really easy to do"? This is a cinch for anyone.

Bloominbargains

Hey, So today I have Mediation. I am going to offer nothing. I have ALSO been sent a CCJ re this as well. Is this normal!?! Surely if they are already taking me to court they should not also have done a CCJ?!? I am very nervous about the call. I have ADHD and tend to babble. I am making sure my hubby is near to make sure I shut up!! I am tempted to offer £30 for the original fine but I aim to stick to nothing. I am disabled and parked on the road to go into a shop (LIDL) when the car park was full. The signs were not clear that it is a private road. I stated in my defence that I stopped to rest due to pain, which is true, but did not mention that I left the car for under 5 minutes. I have taken pictures of the signs to show that there are clear signs further down the road but at the area I parked, using my disabled badge (Which I understand is not recognised in a private road/ parking unless mentioned, which it is not) did not have the clear private road signs, just signs with a lot of small print, high up on lamp posts on the opposite side of the road. There was one on my side just further up the road and facing the other way to where I parked so it looked like a road sign. 
Do I need to mention anything about the CCJ in the meeting? Or is that a separate situation I now have to fight also? Wish me luck!! 
I will update on the outcome of today.

Gr1pr

There should not be any CCJs in this case at the mediation stage 

This case is NPC via DCB Legal,  issue date was 10th June 2025

Copy and paste your MCOL claim history below for this case

Check the reference numbers, check the name of the parking company too, because they could be 2 different cases

James_Poisson

These are not "fines" please do not use that word they are speculative charges.

You are again panicking and going all around the houses and have missed the fact that this is a money claim only for alleged breach of contract, as the area was a no parking area there was no offer of a contract so they cannot charge you anything.

You cannot have been sent a "CCJ" about this claim prior to mediation it either is something else or a different claim.

This mediation meeting isn't with a judge it's just a person trying to get the two parties to agree a payment, you offer nothing or say £5 they refuse end of the mediator has no authority over anything.

Good luck