Smart Parking hit with CCJ (over £3,300) after 5-year wrongful pursuit – my experience

the_worm_that_turned

ChirpyChicken said:

A fee schedule which you mentioned will not work in a defended claim. If your claim had been defended you would have lost
You got lucky (so far) hopefully you will stay lucky and get payment with or without enforcement.
If they apply to set it aside and get permission to do and defend the claim they will also win.
You will then have forked out the cost of the claim (unless you got help with fees)

Well you don't sound very chirpy this morning!!

Where did I menton that the fee schedule I established would "not work in a defended claim"? And how can you be so certain that if the claim had been defended I would have lost?

You have not seen any of the claim, timeline of events, Particulars of Claim, or supporting evidence (or have you?) yet you are confident I would have lost. Why?

And now you are also certain that if they apply to set it aside and get permission (on what grounds?) they will also win. How so?

You seem very negative towards my "success" and willingness to put an end to such activities by companies by Smart Parking. Why? 

Coupon-mad

I know this poster personally. He deals with parking cases & defences daily, has been doing this for over a decade (like me) and he is just being realistic based on what you said (about a schedule charging them £xx per letter, which doesn't form a contract and would not have won at a hearing).

However we all hope they just pay up, given the claim was properly served and they didn't defend. Or we hope you send a bailiff in!

Please do pm me with your submissions if you want me to look at how the claim was pleaded so we understand more about your claim.

the_worm_that_turned

Coupon-mad said:

I know this poster personally. He deals with parking cases & defences daily, has been doing this for over a decade (like me) and he is just being realistic based on what you said (about a schedule charging them £xx per letter, which doesn't form a contract and would not have won at a hearing).

However we all hope they just pay up, given the claim was properly served and they didn't defend. Or we hope you send a bailiff in!

Please do pm me with your submissions if you want me to look at how the claim was pleaded so we understand more about your claim.

I don't doubt that both of you (and many more) have helped many people, and I applaud you for that - sincerely. 

I too wish to help, hence me going through this nonsense and harassment for 5 years to gain a position that might benefit others. However, to see the type of previous dismissive response from Chirpy upsets and frustrates me.

I will send details via PM as I do feel that, upon reading, you might just see things slightly differently.

Coupon-mad

Yes there was a potential claim in your case, so I am interested! (It's just charging £xx per letter that has no legs in contract law).

the_worm_that_turned

Coupon-mad said:

Yes there was a potential claim in your case, so I am interested! (It's just charging £xx per letter that has no legs in contract law).

I charge £XX per letter (or other activity) in my job all the time, as per the terms of a contract in place with the client. 

DM sent. Cheers

ChirpyChicken

the_worm_that_turned said:

Coupon-mad said:

I know this poster personally. He deals with parking cases & defences daily, has been doing this for over a decade (like me) and he is just being realistic based on what you said (about a schedule charging them £xx per letter, which doesn't form a contract and would not have won at a hearing).

However we all hope they just pay up, given the claim was properly served and they didn't defend. Or we hope you send a bailiff in!

Please do pm me with your submissions if you want me to look at how the claim was pleaded so we understand more about your claim.

I don't doubt that both of you (and many more) have helped many people, and I applaud you for that - sincerely. 

I too wish to help, hence me going through this nonsense and harassment for 5 years to gain a position that might benefit others. However, to see the type of previous dismissive response from Chirpy upsets and frustrates me.

I will send details via PM as I do feel that, upon reading, you might just see things slightly differently.

Away from this forum i see a lot of stuff with people sending fee schedules and issuing claims against parking firms which in most cases dont work 
I am sorry if you think my post was dismissive but unfortunately that is just looking at things in a cold light of day.  I just dont dress stuff up and if it appears terse it certainly isn't meant to be

Of course people do bring cases against parking companies and well pleaded cases with proper grounds can do win.

As said  hope you get your money from the parking firm as a win is a win

the_worm_that_turned

ChirpyChicken said:

the_worm_that_turned said:

Coupon-mad said:

I know this poster personally. He deals with parking cases & defences daily, has been doing this for over a decade (like me) and he is just being realistic based on what you said (about a schedule charging them £xx per letter, which doesn't form a contract and would not have won at a hearing).

However we all hope they just pay up, given the claim was properly served and they didn't defend. Or we hope you send a bailiff in!

Please do pm me with your submissions if you want me to look at how the claim was pleaded so we understand more about your claim.

I don't doubt that both of you (and many more) have helped many people, and I applaud you for that - sincerely. 

I too wish to help, hence me going through this nonsense and harassment for 5 years to gain a position that might benefit others. However, to see the type of previous dismissive response from Chirpy upsets and frustrates me.

I will send details via PM as I do feel that, upon reading, you might just see things slightly differently.

Away from this forum i see a lot of stuff with people sending fee schedules and issuing claims against parking firms which in most cases dont work 
I am sorry if you think my post was dismissive but unfortunately that is just looking at things in a cold light of day.  I just dont dress stuff up and if it appears terse it certainly isn't meant to be

Of course people do bring cases against parking companies and well pleaded cases with proper grounds can do win.

As said  hope you get your money from the parking firm as a win is a win

All good. And I have had my fair share of wins and losses trying things out. Some I am rather embarrassed about when looking back. Ha ha. But I'm an older dog now and this approach was carried out using my wisdom and experience. Enough is enough with these parking company types IMO.

Car1980

How did you get your £3000+ figure then?

the_worm_that_turned

Car1980 said:

How did you get your £3000+ figure then?

Well, now that you ask. LOL...

£2350 for time and effort spent responding to spurious false allegations, threats etc as per the fee schedule introduced after first false allegation received by me in 2020.
£750 for damages from unlawful data processing and handling and harassment.

So this, plus court fees ended up being over £3300 in total owed to me.

No defence was filed with the Court leading to a default judgment and CCJ.

They could attempt to set aside, albeit not sure on what grounds as LBA was served, Claim was served via Money Claims online and additionally sent via recorded delivery with the PoC, which was also sent to the Court with the required form.

the_worm_that_turned

ChirpyChicken said:

the_worm_that_turned said:

ChirpyChicken said:

having asked off forum, that claim has been properly served so see what they do in the next few weeks and if they dont pay instruct the relevant company, it wont cost you much to instruct and its added on in any case

Who did you ask? I am aware it was properly served, but I would like to know how you verified it too. Feel free to DM if that exists on here.

As for enforcement, I am just a LIP so am not too familiar with this, however I am hopeful that they will do the right thing and pay me forthwith, as ordered by the Court. 

It was just a question with SP being out of jurisdiction but its covered within CPR so not relevant, i was playing devils advocate with someone in the legal profession

Ok So if they dont pay within 28 days of the judgment and they haven't applied to set it aside then just use this link here 
https://hcegroup.co.uk/services/money-judgments/judgment-enforcement
That is how you do enforcement and this firm wont charge you a penny, they make their money out of the fees charged to the debtor

Out of interest, why do you say 28 days above? The CCJ makes no reference to a date or number of days, it states:

"You must pay the claimant the total of £ [full amount] forthwith."

I've done lots of searching on forthwith and I see no mention of 28 days and am led to believe that enforcement can proceed from day 1 of the CCJ being served. 

Are you aware of precedence regarding the 28 days you mention? Thanks