CCJ Claim form for 1 minute stay in car park

lunabean

Hello,

I have just received a CCJ claim form for staying just over a minute in a private car park- I parked, got out the car, realised it was a pay and display and left. I realise I should have disputed this earlier but thought that it was so ridiculous I wouldn't waste my time on it. 

I would like to think that a court would also see this as daft, however I have no idea how these things work. I'm terrified of having my credit score destroyed, which I suppose is what the parking company  is relying on. Should I pay the ~£250 to make it go away or is it worth disputing the claim, and if so on what grounds? 

Thank you for any advice- I have to respond within the next 2 weeks

Gr1pr

Do not pay 

Post a redacted picture of the claim form below,  after hiding your name and address,  the claim reference number,  the VRM details on the lower left and the password on the lower right too, using card or similar   ( not scribbled out with a pen, dont mess with the actual claim form,  no need, just use cutout cardboard )

Car1980

You have the dream case. There is no contract. You read the contract, did not accept the terms and immediately left the site. Ridiculous claim.

I would just go for a short defence and file through MCOL. Something like this:

1. The Defendant was the Registered Keeper and driver on the day and time alleged.

2. The Defendant entered the car park, read the signage, saw that it was a pay and display car park, and immediately left. Total time on site was approximately 1 minute. 

3. No contract exists between the Claimant and Defendant. The offer made in the contract was refused. No contract ever existed between the parties and no contract could have been breached.  

4. It is submitted that the claim should be struck out under CPR 3.4:

3.4

(2) The court may strike out a statement of case if it appears to the court –

(a) that the statement of case discloses no reasonable grounds for bringing the claim.

Coupon-mad

lunabean said:

Hello,

I have just received a CCJ claim form for staying just over a minute in a private car park- I parked, got out the car, realised it was a pay and display and left. I realise I should have disputed this earlier but thought that it was so ridiculous I wouldn't waste my time on it. 

I would like to think that a court would also see this as daft, however I have no idea how these things work. I'm terrified of having my credit score destroyed, which I suppose is what the parking company  is relying on. Should I pay the ~£250 to make it go away or is it worth disputing the claim, and if so on what grounds? 

Thank you for any advice- I have to respond within the next 2 weeks

Wow! Which scammer is behind the PCN?!

Of course you'll win hands down (no contract, no fair grace period allowed to leave) and you could even try a counterclaim for data abuse if you are up for forcing the case to a hearing.

lunabean

Thanks so much for the reassuring replies all. Ive sent an online defence using the working above and will let you know how it goes.

The company are Park Services LTD and DCB Legal. No idea how these people sleep at night!

1505grandad

"The company are Park Services LTD and DCB Legal. "

Please clarify the full name of the parking company

Gr1pr

I bet it's I Park, not Park

lunabean

Hi Again,
It looks like they are going to take this all the way regardless....
I have now received a notice of allocation to small claims track and a N180 form to complete.

Any advice on this would be appreciated- I have no intention of paying them a penny unless ordered to by the court.

The form talks about mediation which is free and I am obviously willing to engage in, however it seems unfair that I have to loose financially by missing work and travelling etc. Do I just have to suck that up? Or can I claim back from DCD?

Can anyone explain if/why this is suitable for the small claims track for section C? And for section D I would prefer no hearing, again because of expense and time of travelling across the counrty?

The whole process seems very scewed in the claimants favour- am I right in thinking that if I get legal advice costs are not covered by the claimant when the claim is deemed to be spurious? If so what do they have to loose from behaving in this way?

I am considering a counter claim for the time, stress, and any incurred costs given how ridiculous their claim is. Do no win no fee solicitors take this kind of thing on and is there any precedent or is it pointless to try?

h2g2

The N180 form is covered by the Newbies thread (or maybe links to a post on it, I can't remember).

Le_Kirk

h2g2 said:

The N180 form is covered by the Newbies thread (or maybe links to a post on it, I can't remember).

It is in the first 8 steps as part of the defence template thread.

Coupon-mad

lunabean said:

Hi Again,
It looks like they are going to take this all the way regardless...

No it doesn't! This is a normal early stage. Every case gets well past tedious mediation.

The form talks about mediation which is free and I am obviously willing to engage in, however it seems unfair that I have to loose financially by missing work and travelling etc. Do I just have to suck that up?

What travelling?! What are you imagining?

And re the DQ questions why aren't you just following the 8 steps in the Template Defence thread? Every question in this bog standard form is covered there. Mediation is covered there too and it's a three minute phone call, where you (or anyone you nominate) tell the Mediator to kindly tell the Claimant to 'do one'.

Phone down. Then await your discontinuance.

I am considering a counter claim for the time, stress, and any incurred costs given how ridiculous their claim is. Do no win no fee solicitors take this kind of thing on and is there any precedent or is it pointless to try?

Solicitors? No. Stop! I don't understand these questions, because this is all standard stuff already covered by this forum. It looks like you also need to re-read the NEWBIES thread post 2 and especially the info under the red capitals heading shouting out to all defendants:

IMPORTANT! KNOW WHAT HAPPENS WHEN!

You don't (cannot) counterclaim half way through a defended claim ... and costs are a right to ask for! Costs in a case are not a 'counterclaim'. Costs were mentioned in your defence - at the end - and the NEWBIES thread post 2 explains every stage for Defendants.

Once you've read the guidance again and realise that EVERYTHING is easy:

FIGHTBACK ALERT:

Please do the government's Public Consultation. We need every poster to complete this vital survey before the deadline.

See this thread:

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-now-extended-closes-friday-26th-september/p1

We understand that you may need some pointers. It looks laborious, we get that. It doesn't matter; no knowledge is needed except re your own experiences so you can call out a scam industry and you'll protect millions of motorists and help change the law. 

I've written some guidance to help focus new posters on the issues. I've covered almost every question, providing ideas if you agree with our stance on things like DRFs, which we say must be banned.

Ordinary people like you are falling victim to this scam 15 million times per annum. Motorists need your voice added please.

CLOSES ON FRIDAY 26th SEPTEMBER.