Ive got a CCJ form, from I PARK SERVICES, can i fight it?

Nellymoser

You said in your opening post your wife has a phone, ask if she will take photo of the Claim form for you. Showing the Claim Form will help others to help you.

Redact picture like this one

https://forums.moneysavingexpert.com/discussion/comment/81644301/#Comment_81644301

So in the NEWBIES Announcement thread you're looking for POST 2 Small Claim, scroll down to: where to start dealing with a claim?

Lehmoon

Ive no idea, im just filling it out myself at this point.

Lehmoon

@Car1980 im using my laptop at the minute so its online bud.

Lehmoon

Am i on the right tracks so far?

1. I am the Defendant/registered keeper of vehicle registration [--]. The facts are within my own knowledge .
2. On 22 May 2025, my vehicle was parked at Bretherton Row, Wigan (location code 8705). My partner and I attended a therapy appointment nearby. Due to my disability , we use the Tap2Park cashless parking system to pay remotely and extend if needed, as I am not always able to return to the vehicle promptly.
3. Both our vehicles were saved in the Tap2Park account for convenience. On arrival, my partner made the first payment correctly for my vehicle [--], from 13:47 to 14:47 [Exhibit A1: payment receipt dated 22/05/2025 13:49].
4. During discussion in the vehicle we extended parking by one hour to eat. My partner intended to pay for my vehicle again, but the system defaulted to/changed to our other vehicle [---], covering 13:50 to 14:50 [Exhibit A2: payment receipt dated 22/05/2025 13:51].
5. Only my vehicle [--] was parked at the site; [---] was not present.
6. Shortly after, my partner noticed the error on checking the app. We immediately called the provided contact number multiple times but received no answer. We called again the next morning and were told it was "too late" and to appeal online.
7. I appealed promptly, providing full details: driver/keeper names and registrations, both payment receipts, explanation of the app error, and confirmation only one vehicle was parked.
8. The appeal was rejected. A further submission, including photographic evidence from the operator showing the circumstances, was also rejected.
9. I have a long-term mental health condition amounting to a disability under s.6 Equality Act 2010 (substantial and long-term adverse effect on normal day-to-day activities). This includes severe depression/anxiety requiring therapy following hospitalisation for a suicide attempt in 2025, leading to inability to work and award of Personal Independence Payment (PIP).
10. The pursuit of this charge has caused significant additional stress, exacerbating my condition and causing me to discontinue therapy. The operator, as a service provider, has a duty under s.20 and s.29 Equality Act 2010 to make reasonable adjustments for disabled persons. Cancelling the charge in these circumstances (genuine error, full payment made, no loss, disproportionate harm) would be a reasonable adjustment. Failure to do so places me at a substantial disadvantage.
11. Full tariff was paid for the parking duration via the operator's system. There was no intent to avoid payment, no financial loss to the operator or landowner, and no other vehicle benefited from the second payment.
12. The charge does not represent a genuine pre-estimate of loss (or is otherwise disproportionate) and should be cancelled due to the above, including as a de minimis/frustrating error and/or in exercise of discretion.

Coupon-mad

No - bin it. Horrifically out of date by a decade. Did a bot write it? That is not a valid defence.

Please: read post 2 of the NEWBIES thread.

Do the AOS first. It is shown in page by page pictures in the NEWBIES thread section on Court Claims. This is so easy to defend.

Le_Kirk

That should be kept for the witness statement.  Now you have shown us the POC, we can see that the claimant is pleading "parked without permit or paid time expired" so that is what you have to refute in your defence, written in the third person (the defendant not I).
You could try something like "the vehicle was parked where indicated in the POC and parking was paid for using the Tap2Park cashless system. Attempts were made to extend the parking but this failed due to the inadequacy/failing of the claimants systems."
You can then expand upon it with evidence in the witness statement

Lehmoon

@Coupon-mad how do you find anything on this site? its a mess.

kryten3000

https://247advice.uk/Court-Claims/

Check the links on this site to the Acknowledgement guide and Defence template.
It's the Gold Standard of parking advice sites (according to Claude AI)   

Lehmoon

@kryten3000 Ive been loosing my mind over this situation but that link seems to answer everything that im wanting to know, well played mate, thanks alot.

Coupon-mad

Lehmoon said:

@Coupon-mad how do you find anything on this site? its a mess.

Easily - and my signature tells you how.

Forums are a cinch to navigate.