Money claim from parking company
Discussion
Not really wishing to start a discussion. Really only posting this for informational purposes.
If you ignore letters from the parking company as I have been doing they do actually seem to apply to the court for a money claim. I've just had a letter though the post from HM Courts & Tribunals Service!
It's actually the debt collection company who have lodged the claim, not the parking company who originally issued the parking charge.
All I'm saying is the days when these guys were just messers who didn't really mean it seem to be coming to a close.
If I don't deal with it I'll end up with a CCJ.
As it happens I believe I have a solid defence, I just couldn't be bothered arguing with them because they don't back down easily and would probably have to go to POPLA and all that sort of thing.
If you ignore letters from the parking company as I have been doing they do actually seem to apply to the court for a money claim. I've just had a letter though the post from HM Courts & Tribunals Service!
It's actually the debt collection company who have lodged the claim, not the parking company who originally issued the parking charge.
All I'm saying is the days when these guys were just messers who didn't really mean it seem to be coming to a close.
If I don't deal with it I'll end up with a CCJ.
As it happens I believe I have a solid defence, I just couldn't be bothered arguing with them because they don't back down easily and would probably have to go to POPLA and all that sort of thing.
Heathwood said:
Is it perhaps more a case that they rarely see the process through? It s not difficult or expensive to submit the claim.
I thought in the past that taking it to court was the sort of thing which happened once in a blue moon. I also erroneously assumed if I never contacted them that they would assume they had the wrong contact details and would eventually give up. Apparently not.
If you call their bluff and they issue a claim you can defend it or accept the claim against you.
Either way, unless you start spending money, the maximum costs can be easily calculated.
If you lose and they get judgment, no CCJ for it will ever appear on your record provided you settle in full within a month.
Either way, unless you start spending money, the maximum costs can be easily calculated.
If you lose and they get judgment, no CCJ for it will ever appear on your record provided you settle in full within a month.
Unreal said:
If you call their bluff and they issue a claim you can defend it or accept the claim against you.
Either way, unless you start spending money, the maximum costs can be easily calculated.
If you lose and they get judgment, no CCJ for it will ever appear on your record provided you settle in full within a month.
Did they contact you to negotiate and provide a letter before action? If not the court will take a dim view of their claim. Either way, unless you start spending money, the maximum costs can be easily calculated.
If you lose and they get judgment, no CCJ for it will ever appear on your record provided you settle in full within a month.
Clad-Hach said:
If the letters were not recorded i.e. signed for bin them, they have no proof you received them.
Its as simple as that.
They do not have to prove you received them. There is case law on the subject.Its as simple as that.
If you want to play that game the best you can hope for is more time to prepare a defence.
Unreal said:
Clad-Hach said:
If the letters were not recorded i.e. signed for bin them, they have no proof you received them.
Its as simple as that.
They do not have to prove you received them. There is case law on the subject.Its as simple as that.
If you want to play that game the best you can hope for is more time to prepare a defence.
The cost of taking them to court would be more than the fine.
Clad-Hach said:
Unreal said:
Clad-Hach said:
If the letters were not recorded i.e. signed for bin them, they have no proof you received them.
Its as simple as that.
They do not have to prove you received them. There is case law on the subject.Its as simple as that.
If you want to play that game the best you can hope for is more time to prepare a defence.
The cost of taking them to court would be more than the fine.
The claimant recovers the basic costs of the claim as well as the claim itself (if they obtain judgment). In a simple claim there won't be significant additional costs if you already have a debt recovery team. That's their job after all.
The claimant must decide whether it is worth spending more than a minimal amount on recovery but they may well decide that it's worth doing that in a percentage of cases as a deterrent and to counter the widespread suggestion that these claims just go away if you ignore them.
Clad-Hach said:
A mate of mine did this exact thing when his MRS got a letter saying she had overstayed the parking limit...they binned the lot of them, it went on for quite a while...then nothing, and nothing since.
The cost of taking them to court would be more than the fine.
Sometimes they wait until the debt has nearly timed out at 6 yrs then file and hope you’ve moved so don’t respond and they win by default.The cost of taking them to court would be more than the fine.
First you know is you get knocked back for a mortgage and then you’re on the phone to them begging to settle CCJ as fast as possible.
Sheepshanks said:
Clad-Hach said:
A mate of mine did this exact thing when his MRS got a letter saying she had overstayed the parking limit...they binned the lot of them, it went on for quite a while...then nothing, and nothing since.
The cost of taking them to court would be more than the fine.
Sometimes they wait until the debt has nearly timed out at 6 yrs then file and hope you ve moved so don t respond and they win by default.The cost of taking them to court would be more than the fine.
First you know is you get knocked back for a mortgage and then you re on the phone to them begging to settle CCJ as fast as possible.
Heathwood said:
Sheepshanks said:
Clad-Hach said:
A mate of mine did this exact thing when his MRS got a letter saying she had overstayed the parking limit...they binned the lot of them, it went on for quite a while...then nothing, and nothing since.
The cost of taking them to court would be more than the fine.
Sometimes they wait until the debt has nearly timed out at 6 yrs then file and hope you ve moved so don t respond and they win by default.The cost of taking them to court would be more than the fine.
First you know is you get knocked back for a mortgage and then you re on the phone to them begging to settle CCJ as fast as possible.
Should it happen and you can prove you have moved then the judgment can be set aside and the claim restarted.
Heathwood said:
Really? It sounds very unlikely that a parking company or DR firm would actively and purposely postpone a claim for nearly six years in the hope that you ve moved house. Happy to be proved wrong if you can back this up.
You can find any number of examples of people saying the first they heard of a PCN was 5yrs after the alleged date.Here's some evidence from a solicitor give the a Commons Committee which talks about late claims and firms submitting the claim not doing an up to date address check: https://committees.parliament.uk/writtenevidence/1...
.
"Abuse of the Court s process starts with issuing claims to the wrong address. A claim can be initiated up to 6 years after the debt was allegedly incurred. The parking company obtains the keeper s address from DVLA within a few weeks of the alleged contravention. However, proceedings are issued much later, often after several years. It is obvious that people move home from time to time and the Civil Procedure Rules oblige a claimant to take reasonable steps to ascertain the defendant s current address where a claimant has reason to believe that the defendant has moved.[5]
A soft trace to find a defendant s current address costs about £1. The bulk litigators or their debt collection agencies do perform soft traces. But they do so for enforcement purposes after obtaining judgment rather than before issuing the claim. The result is an avalanche of default judgments against defendants who have moved home."
ETA: Very recent article in the Express: https://www.express.co.uk/finance/personalfinance/...
Edited by Sheepshanks on Sunday 2nd August 19:31
Sheepshanks said:
Heathwood said:
Really? It sounds very unlikely that a parking company or DR firm would actively and purposely postpone a claim for nearly six years in the hope that you ve moved house. Happy to be proved wrong if you can back this up.
You can find any number of examples of people saying the first they heard of a PCN was 5yrs after the alleged date.Here's some evidence from a solicitor give the a Commons Committee which talks about late claims and firms submitting the claim not doing an up to date address check: https://committees.parliament.uk/writtenevidence/1...
.
"Abuse of the Court s process starts with issuing claims to the wrong address. A claim can be initiated up to 6 years after the debt was allegedly incurred. The parking company obtains the keeper s address from DVLA within a few weeks of the alleged contravention. However, proceedings are issued much later, often after several years. It is obvious that people move home from time to time and the Civil Procedure Rules oblige a claimant to take reasonable steps to ascertain the defendant s current address where a claimant has reason to believe that the defendant has moved.[5]
A soft trace to find a defendant s current address costs about £1. The bulk litigators or their debt collection agencies do perform soft traces. But they do so for enforcement purposes after obtaining judgment rather than before issuing the claim. The result is an avalanche of default judgments against defendants who have moved home."
ETA: Very recent article in the Express: https://www.express.co.uk/finance/personalfinance/...
Edited by Sheepshanks on Sunday 2nd August 19:31
Kuwahara said:
Ignore they play the heavy hand to see who blinks first..
Absolute typical PH response without even comprehending the contents of the OP. The parking company have issued Court proceedings. If the OP ignores the Court proceedings, he will end up with a CCJ against him.
What part of that do you not understand you thick oaf?
Edited by KungFuPanda on Sunday 2nd August 21:53
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