Judgment in default (again)

Coupon-mad

"She had no way of knowing if the judgment would be set aside."

She did. We did reassure you endlessly.

All they need do now is discontinue or tell the court the Claim was paid.

IronWolf

https://forums.moneysavingexpert.com/discussion/comment/81876079#Comment_81876079

Shouldn't be an issue though. She'll sue them for the amount + interest + fees. We clearly communicated to the court and DCBL at the time that it was paid under protest.

Half_way

Who's car park was this, and where?

IronWolf

This was a car park at her gym, which has a max parking limit and the car overstayed. Apparently there is even a tablet at the front desk to register the car and it can stay as long as it likes, but that wasn't done. The gym didn't do anything to help us and just washed their hands of it.

Update on the case: DCBL have refunded her money without any fuss. The court replied and said the judge hasn't even written the order yet so we just wait for now.

Coupon-mad

"DCBL have refunded her money without any fuss".

Wow. So pleased! We had a case where BW Legal refused under the same circs.

IronWolf

Update on the case. We have been given a court date and offered mediation. My wife has accepted the offer but has no intention to settle for less than a token amount like £10.

The problem is, the court date is 2 weeks before she is due to give birth. The baby is in the 99th percentile in terms of size so there is a chance they will induce her early. Obviously we don't want the court date later, but we aren't sure what happens if she does given birth earlier and can't attend. We explained all this when asked what dates we are available.

The order says we have to submit all documents we will rely on to the claimant up to 2 weeks before. She will need to do a witness statement I think as well. We went with the standard defence template from here modified. She wasn't even in the country at the time of the PCN. I was driving but never admitted it.

We're hoping they just drop the case and she never has to go to the hearing. The order says the claimant must physically file a hard copy of a document bundle and case summary (which we both agree with??) at court a week before the hearing. Are they likely to actually do this?

If she does have the hearing, we will try to argue that they made date mistakes on the claim so it's not valid, and that the evidence of breach of terms isn't good, and that the amount is excessive if she does owe it.

We'll see how it goes.

Coupon-mad

It's DCB Legal for MET Parking, so they are unlikely to pay the hearing fee. What's the deadline for that? Before the WS date?

Please edit your thread title to:

MET Parking claim via DCB Legal - now at WS stage