JD PARKING SOLUTIONS LTD ORDERED TO PAY £1920.66 ON COSTS.
Before the County Court at Chelmsford Justice Centre, our client, defendant in this matter succeeded in her application to set aside a CCJ under CPR 13.2 and strike out under CPR 3.4
This case raises serious concerns on how many parking companies take advantages of litigants in person. In a nutshell, JD Parking Solutions Ltd, issued proceedings against our client for unpaid parking charges. A claim form was issued online on 07/12/2021 and under the particulars of claims, the Claimant stated: “I will provide the defendant with separate detailed particulars within 14 days after service of the claim form”.
We were instructed on this matter and after we reviewed the claim form, we recommended our client to wait for the particulars for claim before filing her defence or an acknowledgement of service pursuant to CPR 15(4)(1)(a) or 10.3(1)(a).
On 23/12/2021, our client surprisingly received correspondence from the Claimant, which only included a bundle of documents and a deep analysis. The bundle was not clearly the particulars of claim for the purpose of CPR 16.4(1)(a).
On the 29/12/2012, the Claimant unlawfully requested and obtained a default judgment against our client, and we recommended our client to instruct our solicitor’s partner Lawrence and Associates for an application to set aside and strike out.
An application to strike out was made inter alia on the basis that the claimant failed to comply with the IPC Code of Practice, namely, clause 8 and Schedule 1 which required to have clear and readable signage and any change to any pre-existing terms and conditions must immediately be made apparent to a person visiting the car park.
It was our client’s case that the previous terms and conditions of the car park allowed her to drop off with no issue. However, the claimant implemented new terms and conditions without placing any additional notices at the entrance thereby failing to comply with the regulatory requirements imposed on IPC members.
Our client was brilliantly represented by a solicitor agent and the Court accepted our client’s position, granted her application to set aside and strike out the claim. Following the outcome, JD Parking Solutions Ltd were ordered to pay our client’s costs of £1920.66 on an indemnity basis.
Assuming our client was not represented, she could have unfairly ended up with a CCJ for 6 years or even paid the unlawful charges.
Have you been issued with parking charges notice with JD Parking Solutions Limited?
Do not hesitate to contact us for a free consultation.