PPC filed for a CCJ - Any point trying to defend or just pay
Discussion
So I was silly and parked in a disabled bay one Sunday in an otherwise empty retail park car park as I was trying to get into a shop minutes before closing. Being that there were lots of other bays available, I thought nothing of it.
I've had the initial letter from them and in all honesty I forgot to deal with it. Now I've received a county court claim. Here's the thing, as of late last year I am technically diagnosed with a disability but I do not have a badge nor have I reached the point of applying for one yet.
Is this a case of "should have appealed within the proper window, just pay up and put it down to experience" or is it worth submitting this to the court? I don't want to try and defend this if the outcome is a CCJ. If I try to defend and it's knocked back, are you then given a chance to pay the claim or is it an automatic CCJ applied?
I've had the initial letter from them and in all honesty I forgot to deal with it. Now I've received a county court claim. Here's the thing, as of late last year I am technically diagnosed with a disability but I do not have a badge nor have I reached the point of applying for one yet.
Is this a case of "should have appealed within the proper window, just pay up and put it down to experience" or is it worth submitting this to the court? I don't want to try and defend this if the outcome is a CCJ. If I try to defend and it's knocked back, are you then given a chance to pay the claim or is it an automatic CCJ applied?
TroubledSoul said:
I don't want to try and defend this if the outcome is a CCJ. If I try to defend and it's knocked back, are you then given a chance to pay the claim or is it an automatic CCJ applied?
My understanding is that a CCJ would only be registered if you lost the case and failed to pay the court-ordered amount within 30 days.If you pay in full within 30 days then no CCJ is recorded on your credit file.
TroubledSoul said:
That's great if so, I may as well give it a shot on the basis I'll just pay up if I lose.
That's what I'd do. Do a lot of reading about the MCOL process here and make sure you file everything on timehttps://forums.moneysavingexpert.com/discussion/48...
ralphrj said:
TroubledSoul said:
I don't want to try and defend this if the outcome is a CCJ. If I try to defend and it's knocked back, are you then given a chance to pay the claim or is it an automatic CCJ applied?
My understanding is that a CCJ would only be registered if you lost the case and failed to pay the court-ordered amount within 30 days.If you pay in full within 30 days then no CCJ is recorded on your credit file.
Just curious, what's the amount of money they want at this stage? Ie what are the stakes?
I suspect your defence may not work. The parking "rules" probably say "for disabled badge holders" not "for people with disabilities". So on that basis alone you are unlikely to win. If your defence is that you needed to park there as the shop was about to close, it definitely won't work
You may win on other grounds like they fail to turn up. Or you need to make a technical argument around signage/POFA or stuff. Sounds like a right old faff to me. Maybe fine for you though to have a go.
I suspect your defence may not work. The parking "rules" probably say "for disabled badge holders" not "for people with disabilities". So on that basis alone you are unlikely to win. If your defence is that you needed to park there as the shop was about to close, it definitely won't work
You may win on other grounds like they fail to turn up. Or you need to make a technical argument around signage/POFA or stuff. Sounds like a right old faff to me. Maybe fine for you though to have a go.
TroubledSoul said:
So I was silly and parked in a disabled bay one Sunday in an otherwise empty retail park car park as I was trying to get into a shop minutes before closing. Being that there were lots of other bays available, I thought nothing of it.
I've had the initial letter from them and in all honesty I forgot to deal with it. Now I've received a county court claim. Here's the thing, as of late last year I am technically diagnosed with a disability but I do not have a badge nor have I reached the point of applying for one yet.
Is this a case of "should have appealed within the proper window, just pay up and put it down to experience" or is it worth submitting this to the court? I don't want to try and defend this if the outcome is a CCJ. If I try to defend and it's knocked back, are you then given a chance to pay the claim or is it an automatic CCJ applied?
If you do nothing you'll lose the case and if you don't then pay, you'll get a CCJ. If you think you have a defence then enter it. The result will be win or lose. I don't think the penalty will be any worse if you defend and lose. However from what you say there's no useful defence.I've had the initial letter from them and in all honesty I forgot to deal with it. Now I've received a county court claim. Here's the thing, as of late last year I am technically diagnosed with a disability but I do not have a badge nor have I reached the point of applying for one yet.
Is this a case of "should have appealed within the proper window, just pay up and put it down to experience" or is it worth submitting this to the court? I don't want to try and defend this if the outcome is a CCJ. If I try to defend and it's knocked back, are you then given a chance to pay the claim or is it an automatic CCJ applied?
General question as I don't know - if he pays the parking fine now what does that do to the system?
Sebring440 said:
TroubledSoul said:
Still think the parking attendant is a rotten b
d, mind 
Because he/she correctly ticketed a vehicle parked in a disabled bay, and not displaying a disabled badge?d, mind BertBert said:
Just curious, what's the amount of money they want at this stage? Ie what are the stakes?
I suspect your defence may not work. The parking "rules" probably say "for disabled badge holders" not "for people with disabilities". So on that basis alone you are unlikely to win. If your defence is that you needed to park there as the shop was about to close, it definitely won't work
You may win on other grounds like they fail to turn up. Or you need to make a technical argument around signage/POFA or stuff. Sounds like a right old faff to me. Maybe fine for you though to have a go.
Not a lawyer.I suspect your defence may not work. The parking "rules" probably say "for disabled badge holders" not "for people with disabilities". So on that basis alone you are unlikely to win. If your defence is that you needed to park there as the shop was about to close, it definitely won't work
You may win on other grounds like they fail to turn up. Or you need to make a technical argument around signage/POFA or stuff. Sounds like a right old faff to me. Maybe fine for you though to have a go.
I dont think that your argument would not comply with the DDA.
A disabled bay in a private car park does not have a legal status, like a disabled bay on the road does. The business owning the car park has to make allowance for disabled people, NOT just disabled badge holders. Whilst having a badge is convenient way to show disabled status it does not mean a company is limited to making adjustments for badge holders only. The fact the OP is now disabled would perhaps suggest that using the bay would fall within the expectations of the DDA.
nikaiyo2 said:
BertBert said:
Just curious, what's the amount of money they want at this stage? Ie what are the stakes?
I suspect your defence may not work. The parking "rules" probably say "for disabled badge holders" not "for people with disabilities". So on that basis alone you are unlikely to win. If your defence is that you needed to park there as the shop was about to close, it definitely won't work
You may win on other grounds like they fail to turn up. Or you need to make a technical argument around signage/POFA or stuff. Sounds like a right old faff to me. Maybe fine for you though to have a go.
Not a lawyer.I suspect your defence may not work. The parking "rules" probably say "for disabled badge holders" not "for people with disabilities". So on that basis alone you are unlikely to win. If your defence is that you needed to park there as the shop was about to close, it definitely won't work
You may win on other grounds like they fail to turn up. Or you need to make a technical argument around signage/POFA or stuff. Sounds like a right old faff to me. Maybe fine for you though to have a go.
I dont think that your argument would not comply with the DDA.
A disabled bay in a private car park does not have a legal status, like a disabled bay on the road does. The business owning the car park has to make allowance for disabled people, NOT just disabled badge holders. Whilst having a badge is convenient way to show disabled status it does not mean a company is limited to making adjustments for badge holders only. The fact the OP is now disabled would perhaps suggest that using the bay would fall within the expectations of the DDA.
nikaiyo2 said:
Not a lawyer.
I dont think that your argument would not comply with the DDA.
A disabled bay in a private car park does not have a legal status, like a disabled bay on the road does. The business owning the car park has to make allowance for disabled people, NOT just disabled badge holders. Whilst having a badge is convenient way to show disabled status it does not mean a company is limited to making adjustments for badge holders only. The fact the OP is now disabled would perhaps suggest that using the bay would fall within the expectations of the DDA.
You could be right that the DDA would support the OP's need to use the disabled space. That's why I suspected it may not work. As I said you'd need a technical way to defend against the "rules" that the OP clearly broke. DDA might be that thing. If the OP has the time and energy, they can have a go to save the £250 assuming the stakes don't get higher by going to court.I dont think that your argument would not comply with the DDA.
A disabled bay in a private car park does not have a legal status, like a disabled bay on the road does. The business owning the car park has to make allowance for disabled people, NOT just disabled badge holders. Whilst having a badge is convenient way to show disabled status it does not mean a company is limited to making adjustments for badge holders only. The fact the OP is now disabled would perhaps suggest that using the bay would fall within the expectations of the DDA.
mac96 said:
Sebring440 said:
TroubledSoul said:
Still think the parking attendant is a rotten bd, mind
Because he/she correctly ticketed a vehicle parked in a disabled bay, and not displaying a disabled badge?d, mind KungFuPanda said:
Is it DCB Legal who are bringing the claim at all? If so, they have a habit of discontinuing shortly before trial. It s happened to me and a lot of others.
Same here. Offers of reduced amounts to settle followed by discontinuation 7 days before the trial date. It's a pattern with them.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff