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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience:  Over 5 years in practice
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I received a fine from Northampton court in a doctors

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I received a fine from Northampton court for parking in a doctors car park in Oswestry. I have received no previous correspondence from the company with regard to this.
I contacted the surgery who were happy to contact Parkingeye Ltd to cancel the charge, but were unsure about what would happen as i had received the fine. They thought that the company would contact me by e mail to discuss it. This did not happen.
The date it occurred was some time in September 2014, we could not be sure of the exact date.
I did not have any response from Parkingeye, so wrote to the court with an explanation, but they returned my letter saying that it had been received 2 days after the cut off date.
I do not know what to do now.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are you asking if you are liable?
Customer: replied 1 year ago.

I am asking how do I not pay the £100 for then 'debt' plus £100 costs that have been added by Northampton court.

I parked in the car park in question for approx 5 mins to collect my parents, the owners of the car park would have been happy to contact he parking company to rescind the charge, but as i did not receive any correspondence to say there was a charge, then owners were unsure how to deal with a court fine.

I do not intend to pay the £200, but do not know what to do bout it.

Expert:  Jo C. replied 1 year ago.
It is not that simple I'm afraid. There are never any guarantees.
What is the document you have received from the court? What is it entitled?
Customer: replied 1 year ago.

It is a judgement for claimant

Expert:  Jo C. replied 1 year ago.
That is bad news I'm afraid.
Did you receive a summons previously to this?
Customer: replied 1 year ago.

No, I had no correspondence till this arrived in the post

Expert:  Jo C. replied 1 year ago.
Does the DVLA have the correct address for you and for the car?
Customer: replied 1 year ago.

This has come from a company called Parkingeye, the letter from the court has my correct address but n o details of my car.

There is no mention of the DVLA

Expert:  Jo C. replied 1 year ago.
No, there won't be.
So would it be possible to give me that information?
Customer: replied 1 year ago.

sorry what information

Expert:  Jo C. replied 1 year ago.
Does the DVLA have the correct address for you and for the car??
Customer: replied 1 year ago.

The DVLA will have the correct details yes

Expert:  Jo C. replied 1 year ago.
Thank you.
This is not just a private land fine now. They has a CCJ against you and it is not safe to ignore that because they will just send bailiffs in to enforce it.
You may be able to get judgement set aside on the basis that you did not receive the summons. It is very surprising that you did not if the DVLA have the correct address for you and the judge might want you to account for why that might be but if he is of the view that you genuinely did not receive the summons then probably it would be set aside.
Generally speaking with private land fines they are not enforceable because they are not cost effective to enforce. This is already in court and even if you get judgement set aside they will probably pursue it again.
There is no defence in saying that you were only there for five minutes. It matters not. If you were on their land without complying with their reasonable requirements then you are in breach of contract or at the very least a trespasser.
What the owners of the land say on the point might be relevant depending on the terms of the signs at the location. Ultimately the landowners are not in control of the action. They may be able to support a defence.
The only thing that does concern me about this is that the landowners appear to have written to the court at least at some points. I suppose that you mean that they did it after you received judgements which may well have been pointless. If it was before judgements then that would tend to suggest that something must have been received.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

How would I ask for this to be set aside? I have written to the court to appeal, but they returned my letter saying they received it 2 days outside the time period.

The landowner told me that they would have been happy to tell the parking company not to pursue the charge as they were happy that I had been there for a legitimate reason.

But as i had received no notice of the charge until I received the judgement from the court I was unable to do anything about it.

It does not surprise me that I have not received the post, this is something that happens to me on a regular basis and has done so since I moved to this address some 15 years ago.

I have tried to contact the court by phone on several occasions but have been unable to get through.

I believe that this is an unjust situation for me to be in, particularly since the occsion was some time in september of last year !

Expert:  Jo C. replied 1 year ago.
You are out of time to appeal then.
They might say you are out of time to seek to set aside judgment as well. It depends. Short delay does not usually stop the court allowing an otherwise good application.
To get a judgment set aside, fill in the application notice (N244), and send it to the court.
You may have to pay a court fee of £155.
You’ll have to go to a private hearing at the court to explain why you don’t owe the money.
Customer: replied 1 year ago.

I would not be able to attend the court as I have been under going hospital tests recently and have been diagnosed with epilepsy and am now unable to drive.

I don't understand how it will still cost me £155 to have this set aside, when had i received the first notice it would have been resolved by a call to the land owner and I would have owed nothing

Expert:  Jo C. replied 1 year ago.
Because if you don't pay they will not hear the application and the bailiffs will attend probably to remove your car.
Customer: replied 1 year ago.

OK... thank you

Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 70008
Experience: Over 5 years in practice
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