Author Topic: Dcbl private parking  (Read 9320 times)

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Re: Dcbl private parking
« Reply #75 on: »
Thank you so much

I will send the email today and do as instructed

I do appreciate your help
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Re: Dcbl private parking
« Reply #76 on: »
Good morning all

I had to check my call logs on the said date but my last recent call can be traced to June this year unfortunately but I was able to get the SMS message I received from parkonomy when I registered to pay giving me a log in username and a password but was still unable to pay after several attempts

Is this something I can show in court tomorrow?

Thank you

Re: Dcbl private parking
« Reply #77 on: »
It's a bit late and the claimants rep will likely object but you can try. It is quite possible that the judge will allow it, especially in a small claim where there is much more leniency. Good luck for tomorrow.

Please report back, whatever the outcome. If you are successful, remember to ask for your costs, even if it is only £95 for attendance and any travel/parking costs such as bus/train fares/parking etc.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Dcbl private parking
« Reply #78 on: »
Thank you

I will keep the forum updated

Re: Dcbl private parking
« Reply #79 on: »
I would like to thank everyone for their support throughout this case. Unfortunately, the outcome was not in my favour. The court ordered me to pay a total of £135 — consisting of £100 for the parking charge and £35 in court fees, as requested by the representative of Excel Parking.

The judge noted that some of the arguments I raised in my witness statement might have been considered more strongly with respect to difficulties in paying if they had been included in my original defence. She also commented that I had not given the defendant sufficient opportunity to provide the evidence I was requesting in my witness and supplementary witness statements.

The hearing lasted approximately 45 minutes. When I asked about payment, the judge advised that the defendant would contact me, and if I do not hear from them soon, I should reach out directly.

This is a summary of the hearing and its outcome.
Thank you once again for your continued support.

Re: Dcbl private parking
« Reply #80 on: »
Sorry to hear that. The silver lining is that you are only required to pay the original £100 charge and the fixed hearing fee. Consider how much they were trying to get from you, you can see that it is always worthwhile defending a claim as they will rarely get the total amount they are claiming.

It has definitely cost them more than they will have recovered as they sent a representative to the hearing. That is likely to have cost them at least several hundred £ which they cannot recover. They have not recovered the £27 trial fee either. There is some Schadenfreude to be had for that. Hopefully, you have had a valuable life lesson on how the civil courts handle disputes.

As long as the £135 judgment is paid in full within 30 days, there is no record of this on your credit file. It is completely expunged from the record.

You appear to be confusing some terminology. You are the Defendant. Excel Parking are the Claimant.

Did you not point out that you were unable to properly defend the claim as the claimants PoC were defective and did not adequately comply with CPR 16.4?

Whilst you did raise the defective PoC/“ambush by WS” issues in your WS, the judge indicated the factual basis (payment attempts/system failure) should have been pleaded in the Defence, not only developed later in the WS/SWS. That’s a very common judicial stance in small claims: It's know as "Judge Bingo" and depending on which judge you get, they’ll often tolerate poor PoC but still expect the Defence to state the core factual case, then use the WS to evidence it. A different judge would likely have judged the other way.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: Dcbl private parking
« Reply #81 on: »
Thank you so much

I tried my best but I believe the result is still fair regardless

I have learnt a lot and I should pay the money within the required days