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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I parked in a disabled bay on a private car park. I was unaware

Customer Question

I parked in a disabled bay on a private car park. I was unaware that it was a disabled bay due to its poor painted signage on the taar. I got a parking fine. I appealed on the grounds that the disabled sign was barely visible. The parking company responded that I did not display a valid disabled badge and ignored the statement of the unclear signage which can be seen on their own evidence photos. I wrote back to them stating that the appeal was due to the poor signage. No acknowledgement from the parking company to the second letter why they did not respond clearly to the first one.
Now a debt collector has taken over and I have been sent a Claim Form from the County Court.
My questions are:
If I dispute the claim how likely is it to be successful?
What is your recommended cause of action under these circumstances?
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Had you paid to park in the car park?
Customer: replied 1 year ago.
yes
Expert:  Jenny replied 1 year ago.
Hi if you have evidence in the form of photographs that it was unclear that you were parked on a disabled parking space and you have appealed on that basis then you should continue to defend the claim. If the court can see that it was unclear then you will not be ordered to pay the fine as it is a legal requirement that any notices are clearly marked. It might be that the Parking Company are trying to force you to pay the fine and are being heavy handed. I would suggest you fill in the defence form and retain a copy of the photographic evidence. If you have any further questions please do ask . If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Can we upload the photo of the signage so that we can get a second opinion?
Expert:  Jenny replied 1 year ago.
Yes if you would like.
Customer: replied 1 year ago.
how can I upload the picture
Expert:  Jenny replied 1 year ago.
I think you need to save it as a pdf and use the attach button to attach it to the post.
Customer: replied 1 year ago.
here is the picture
Customer: replied 1 year ago.
did you get the picture ok?
Expert:  Jenny replied 1 year ago.
Hi yes I did, I agree with you that if this was the only sign then this was not clearly marked. Obviously there is always a risk with litigation but I think it is more likely than not that a judge would find in your favour as they are reluctant to find in favour of private car parking charges if there is an element of doubt.
Customer: replied 1 year ago.
In response to the claim form what should we attach
Do we attach our initial and their response, Letter and a copy of the picture also our second letter
If there ever any court hearing Or is it just decided and in the post through letters
Expert:  Jenny replied 1 year ago.
Yes attach all of the information you can. If they do not withdraw the claim it will go to a hearing in front of a County Court judge. You will be able to claim your expenses if they lose the claim. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
If we all successful one of the fees involved and likewise if were unsuccessful
Expert:  Jenny replied 1 year ago.
you can ask for your expenses to be paid in the event you are successful. In the event that they are successful which I think is unlikely they could apply for their costs to be added including the claim fee. I think you need to try not to worry about this too much. The tactic of issuing the claim is to scare you into paying.
Customer: replied 1 year ago.
Is there any wording or any way in which we can make it sound as professional and as solid as possible
Expert:  Jenny replied 1 year ago.
You just need to say that you had no idea that you were parked in a disabled bay. You paid for parking accordingly and therefore were surprised to receive a fine for a parking contravention. You should say that the photographic evidence sent to you confirms you contention that it was unclear that you were in a disabled parking space therefore you do not accept you were in breach by failing to display a blue badge. It is not a situation where the way you word it is going to have a great impact on the outcome.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you
Customer: replied 1 year ago.
ThanksCustomerfor your advice that is all I need to ask
Expert:  Jenny replied 1 year ago.
No problem. All the best with it.
Customer: replied 9 months ago.
File attachment now working
Expert:  Jenny replied 9 months ago.
hi this says you have not filed evidence as required by an order in march so your defence has been thrown out.
Customer: replied 9 months ago.
we did not submit our evidence in time thought we had lots more than we had, so that is correct what can we do now?
Expert:  Jenny replied 9 months ago.
All you can do is write to explain this to the court and ask them to consider your evidence.
Customer: replied 9 months ago.
will the judge make up his own mind? based on what he has? and my late submitted evidence ? can I still get my day in court
Expert:  Jenny replied 9 months ago.
If you were notified of a deadline and failed to meet it the judge may not allow you to give evidence. You need to write to explain why the deadline was missed and ask them to reconsider. Ultimately it is down to the judge whether to allow this evidence out of time.
Customer: replied 9 months ago.
ok what does the judge do with the case if he does not have a hearing
Customer: replied 9 months ago.
does the other side automatically win?
Expert:  Jenny replied 9 months ago.
yes
Customer: replied 9 months ago.
how do I go about appealing to the judge? is ther a form do I just need a letter ?
Customer: replied 9 months ago.
and if the other side automatically win then why even send the letter
Expert:  Jenny replied 9 months ago.
It is the court process to tell you. You need to write to appeal, say you are doing so under Part 52 of the Civil Procedure Rules.

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