Parking fine - overstay - 2 yrs later proceeding to court

[islandgirl]

des8 just wanted to say a quick thank you to you for helping the OP in the midst of family issues. It is very kind of you. To be told your excellent response is "over complicated" is not very helpful. Hope all is well again soon and many thanks for the time you give to the board.

[des8]

If that defence is proving difficult to grasp, here's an abbreviated version which might do as a holding defence whilst awaiting more from the claimant.
You choose if either suits you..

.The Defendant received the claim xxx from Met Parking on dd/mm/yy

1..Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

2The defendant avers the Claimant's statement of case fails to give adequate information to enable the Defendant to properly assess the Defendant's position with regards the claim.

3.This claim appears to be for an unpaid parking charge(s) following a breach of contract. It is unclear how many parking charges there are.

4.It is admitted that the Defendant is the keeper of Vehicle xxxx is reg

5..The Claimant’s Particulars of Claim do not state the nature of the alleged breach in sufficient detail for the Defendant to understand it.

6. The Claimant's Particulars of Claim are unclear on whether the Defendant was the driver or was the keeper of the vehicle at the time of the alleged incident.

7.On the dd/mm/yy the Defendant sent a request for inspection of documents mentioned in the Claimant’s statement of case under Civil Procedure Rule 31.14 to DCB Legal Ltd, Direct House, Greenwood Drive, Runcorn, WA7 1UG.

8. DCB Legal Ltd has not sent any of these documents to the Defendant.

9. The Defendant respectfully requests the court orders the Claimant provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

10. In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

11 It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[Apo100l]

Hello dear Sirs,
it’s hard to come back here after failing to submit defence…
as this is now concluded with CCE against myself.
This fail is my personal issue, caused by mental breakdown unrelated to this potentially leading to divorce.

so what I’d like to know if anything can be done to minimise the impact even conclude by settling the debt hopefully in portions

[des8]

Sorry to hear you were unwell and have other personal problems.
Trust they will soon be resolved

You could apply for the judgment to be set aside, but that comes with an application fee of £275
If successful the original case would then go to a hearing.
Whether or not you win the original case is a matter for speculation.

You could ask the claimant for an arrangement to pay.
If they agree that, they could still have the CCJ registered against your name if you don't pay it within 30 days of judgment day

[Apo100l]

I read quite a bit about CCJ however it is not all straight forward to understand.
I did not yet received any letter from court explaining the outcome and further options.

Am I missing anything?
I attach the latest status from the MCOL page.

as the total claim amount is not severely differs from Set Aside application fee - under £310.00 for the claim vs £275 SAA
if paid now would it still affect my credit score. As I have remortgage this year with wife ( if that still be the case)…
and anyways I plan to do self employ if we separate, than credit history is quite important for me…

I fully believe and feel that overstaying in Petrol station was accidental and genuinely believe penalty is unfair, however as you mentioned is all rests to be decided by The Court. And I seen recently quite downing outcomes … leaving people and their lawyer speachles. However it was 1st - private matter and the 2nd claimant vs car insurance.

I have my doubts, not in full mental capacity and my wallet is not deep to fight.
i am asking: what would you recommend to your best friend or sibling to do in such situation….

[des8]

As we have not seen the original parking charge notice, nor had sight of the car park signage, it is not possible to even try and second guess how matters would finalise if you applied for set aside.
However taking into account the cost of an application to set aside, together with the stress of the court hearings, I would certainly consider the wisdom of paying the judgment award already made by 27th January to avoid adverse affect on credit rating if remortgaging in near future