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My defence is about to be struck out- Parking claim

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  • My defence is about to be struck out- Parking claim

    Hello everyone,

    I hope you're all doing well. I find myself in a bit of a predicament and could use some advice.
    I've been taken to court by Parking Eye for an alleged 20 minutes overstay at the hospital, despite paying for a 2-hour stay. I think we have a 10 min allowance so basically their claim is based on 10 minutes overstay. On the day in question, their card machine and a couple of cash machines were out of order. I scrounged up the coins for a 2-hour stay and thought nothing of it until I received a penalty notice. Knowing that I paid for 2 H , I ignored it and missed Popla. They have wasted no time and took me to the Court. I eventually found proof of my payment, sent my defence letter on time, though the court initially failed to register it. After some back and forth, my defence was finally registered.

    I expected the case to be dropped, but after waiting for over a month without hearing anything, I relaxed. After 4.5 months, to my surprise, last week I received an order from the court in the mail, instructing me to respond within 7 days and send a Directions Questionnaire. This came as a shock since I hadn't received any prior communication from the court.

    Spent all morning trying to contact the Court, sent an email, and then went to my job. At 2:40 pm, I received an email from the Court, advising me to contact the Claimant and ask to delay the defence(?). No success over the phone in contacting the Claimant, so I wrote an email that I was planning to send after I finished my job. At 6 pm, ready to send the email to the Claimant, I noticed the Court sent me another email 30 minutes after the first one, allowing me an extension of 43 minutes and asked me to complete the Questionnaire within 43 minutes. I did not expected the Court to send me another email with different instructions, so I haven`t checked my email(I am a childcare provider we are banned from using the phone during working hours) I printed, completed, and sent it back with a delay of 2 hours and 48 minutes.

    Now, the Court is indicating that my defence may be struck out, and I'd have to pay £108 to reinstate it. I'm at a loss for what to do next. Should I:

    1.End it here and mediate with the parking company, hoping they'll accept the money?
    2. Pay £108 before knowing if I will be struck out.
    3.Wait and hope my defence won't be struck out and continue the case (but will cost me more to reinstate it.

    I called the Court twice and they seem sure that the defence will be struck out so they push for £108 penalty.

    I'd greatly appreciate any advice or insights you may have.
    Thank you a million in advance. Lola
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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