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#Post#: 92389--------------------------------------------------
Re: Dcbl private parking
DIR By: b789
Date: October 1, 2025, 11:09 am
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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.
#Post#: 92413--------------------------------------------------
Re: Dcbl private parking
DIR By: Sabab4321
Date: October 1, 2025, 1:10 pm
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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
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