Total Parking Solutions County Court Claim Fatal Postcode Error

ScarlettTurkey

Hi Everyone, 

I am a student defending a County Court Claim and looking for a sanity check on my strategy before my Mediation appointment & also a thread to post further updates as I'm fairly certain this case will likely be discontinued. I have up till this point tried to follow guides provided on this forum. 

The Facts:

• Location: University Car Park

• The Site: A gravel-surfaced car park with no painted lines.

• The Allegation: Defendant denies liability (I am a regular user who usually pays via app; the alleged offences occurring in January 2025 previous letters were confusing).

• Claimant Solicitors: DCB Legal

My Defence Arguments: I have submitted my Defence via MCOL. My two main points are:

1. Fatal Location Error: The Particulars of Claim state the location as "Solent University - Charlotte Place (carpark f)" with postcode SO41 0YN.

   • SO41 is Lymington/New Forest (15 miles away).

   • The University is actually SO14.

   • I am arguing they have sued for a breach of contract at a location that does not exist.

2. Frustration of Contract (Impossible Terms):

   • The signage terms require parking in "Marked Bays".

   • The car park is gravel with no markings/lines.

   • It is impossible to comply with the terms, therefore no contract could be formed.

Current Status & Strategy:

• Defence: Filed and acknowledged.

• Mediation: Appointment booked for 08/12.

• Settlement Offer: Today, I sent a "Without Prejudice Save as to Costs" email to their solicitors. I pointed out the SO41 vs SO14 error and the lack of bays, and offered a "Drop Hands" settlement to save court time.

My Questions for the Forum:

1. Has anyone seen a judge strike out a claim purely on a postcode error of this magnitude (15 miles out)?

2. For the Mediation call, should I lead with the postcode error or the "no marked bays" argument?

3. If mediation fails (which I expect), is the "Drop Hands" email useful to include in my eventual Witness Statement bundle, or just for the costs assessment at the end?

Thanks in advance for your help!

Coupon-mad

1. No, it's just a typo. The case won't be struck out and clearly you know the location which is (apart from the postcode error) adequately specified. This is not a fatal error.

2. None of the above. You should not be 'leading' with anything nor doing any prep. Just say 'no offer, goodbye'. Two minutes max.

3. Hopefully, there won't be any need for a bundle because DCB Legal will likely discontinue before the date for them to pay the hearing fee.

ChirpyChicken

As per the good lady above 
Its a zero offer and good bye.

Car1980

I'd get your witness statement prepared because we have seen TPS go all the way to a hearing, despite using habitual discontinuationers DCB.

Coupon-mad

Car1980 said:

I'd get your witness statement prepared because we have seen TPS go all the way to a hearing, despite using habitual discontinuationers DCB.

Good point, we have seen hearings.

ScarlettTurkey

Update: Claim Discontinued

Okay, so a couple of quick updates on my case:

The Background

Regarding mediation: I accepted nothing. I told them I was happy to go before a judge as I disputed the claim in its entirety. Consequently, the case was sent to a preliminary hearing scheduled for 30/04/2026.

On the 20th of February, I received the following email:

"WITHOUT PREJUDICE

Afternoon,We write in relation to the above matter. Our client is prepared to make an offer to potentially conclude this matter. We ask that you call us on 0203 838 7038 to discuss this further."

I ignored this. My stance hadn't changed, and I was still perfectly willing to let a judge decide the outcome.

The Result (16th March 2026)

Today, while I was busy preparing my Witness Statement (WS) bundle (and browsing these forums to make sure everything was in order), I received this:

"Dear Mr. _________,

We act for the Claimant in the above matter. Our client has instructed us to discontinue Court proceedings and close our file. Therefore, please find enclosed the Claimant’s N279 Notice of Discontinuance for your records.

The attached has also been filed with the Court. We will now proceed to close our file accordingly."

Attached is the redacted Notice of Discontinuance. While I did things my own way to some extent, I want to thank everyone on this forum for both the direct and indirect guidance. It made all the difference!

1505grandad

Well done - can you post with the claimant's name showing in top right please.

Coupon-mad

Yay! 🔥

ANOTHER ONE BITES THE DUST!

Please post a pic showing the Claimant, in @Umkomaas' discontinuances thread.