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Parking claim

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  • Parking claim

    Hi,

    I would appreciate your advice on the following having received a 'Claim form N1DST' and a response pack.

    Parking Eye and DCB legal are pursuing a large amount of money for what I regard as an unfair parking charge notice.

    The driver parked in a hospital car park in a bay with unclear markings, which were ignored (perhaps erroneously) their previous letters as the driver has a valid permit for the carpark and believed to have parked legally / as per their rules.

    They claim the driver parked in a hatched area (one wheel was the driver admits) but the road markings are also faded and somewhat ambiguous with the hatching falling within a marked bay. (Screenshot attached - I parked in the bay marked with the black arrow).

    The driver also takes umbrage with the amount they have claimed for this. £181.48 not counting legal fees.

    My question is that if rhe driver responds to challenge this which they are very inclined to do, how likely is it to be successful based on the argument that the road markings are not clear / it is not clear that it wasn't a valid bay to park in?

    Ultimately the driver would rather avoid a CCJ / affect on their credit score they believe they have a valid case.

    Many thanks for your advice.


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  • #2
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    • #3


      Can't really say whether or not you will win if you defend this claim, but can certainly confirm you won't win if you don't defend it.

      If you want to defend at this stage just acknowledge receipt of the claim form, and do not enter a defence.

      Send a CPR 31.14 request to DCB Legal and a Subject Access Request to PE (there are templates in the SHORTCUTS panel on the right)
      DO NOT IDENTIFY THE DRIVER IN YOUR REQUESTS (or on here)

      Upload the documentation you have received on a hosting site, together with legible pictures of parking signs, and post link here. First remove identifying details but leave in all dates and times

      If you decide to defend and lose you will not have a CCCJ on your credit record unless you fail to pay the judgment within 1 month

      Asking admin ( ULA EXC please ) to edit your post so driver is not identifiable

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      • #4
        Done
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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.




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        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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