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Ask Jenny Your Own Question

Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Have had progress can you talk

Customer Question

Hi have had progress can you talk
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hi there thanks for coming back to me. Yes I can how can I help you ?
Customer: replied 1 year ago.
we now have a notice of porprosed allocation to the small claims track
Expert:  Jenny replied 1 year ago.
Ok what would you like to know about this?
Customer: replied 1 year ago.
It's if this is a defendant claim
And the defendant has filed a defence
Customer: replied 1 year ago.
This is now defended claimThe defendant has filed a defense
Customer: replied 1 year ago.
It asks if we would like to settle our case without going to a court hearing
Customer: replied 1 year ago.
With the small claims mediation service What is your advice in this situation with regards ***** ***** claims mediation service
Customer: replied 1 year ago.
are you there?
Expert:  Jenny replied 1 year ago.
In general terms if you are open to the idea of negotiating a settlement then it is a good idea. Both parties need to agree that they are open to the idea otherwise it will not work. If it is an option for you then you should say you would. If it does not work then the claim would revert to court.
Customer: replied 1 year ago.
so at this stage am I dealing with the parking company or the people who bought the debt?
Expert:  Jenny replied 1 year ago.
That depends on who is listed as the claimant on the court form? If it is the parking people then it is them otherwise it will be the debt company.
Customer: replied 1 year ago.
ok so its the collection company does that make a difference?
Customer: replied 1 year ago.
what does serve copies on all other parties entail?
Expert:  Jenny replied 1 year ago.
I think it is less likely they will agree to mediation. However there is no harm in you agreeing to it. If they refuse it will just go to court. Serving copies on other parties means that whatever you send to the court you should send to the claimant. You do not need to send to the parking company.
Customer: replied 1 year ago.
is there any disadvantage to the mediation process?
Customer: replied 1 year ago.
there is no address for the collections company ?
Customer: replied 1 year ago.
as far as I understand that they can still back down at this stage or are they likely not to want to goto court?
Expert:  Jenny replied 1 year ago.
No no disadvantage there is just no point in it if you are not prepared to settle in principle.I think it is unlikely that a debt company will back down or mediate.
Expert:  Jenny replied 1 year ago.
the address should be on the claim form is. If it is not I would suggest you contact the court.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know?
Customer: replied 1 year ago.
so even with our evidence the collection company will be happy to goto claims court and settle it there
Expert:  Jenny replied 1 year ago.
I can't say what they will do unfortunately. If they are prepared to go to court then they will ask the judge to determine whether you were in breach of contract by parking there. If they find in their favour then you will be liable to pay the fine. If they find in your favour then the claim fails.
Customer: replied 1 year ago.
how does court work do I get appointed someone to represent me?
Expert:  Jenny replied 1 year ago.
You can but it is not worth it as that would probably cost you more than the fine itself. You turn up with your evidence and will be asked some questions by the Judge. There is not a jury in these situations and it will be in a small room in a courthouse.
Customer: replied 1 year ago.
if you are found guilty do you have a criminal record?
Expert:  Jenny replied 1 year ago.
You won't be found guilty as it is not a crime so there will not be a criminal record. They may find in the favour of the other party and if they do you will be ordered to pay the fine.
Customer: replied 1 year ago.
any idea what the likelihood of getting a court close to home london not birmingham
Expert:  Jenny replied 1 year ago.
It should be allocated at the defendants local county court. You can make an application to have it moved and it will be granted.
Customer: replied 1 year ago.
so Just to clarify am I the defendant?
Expert:  Jenny replied 1 year ago.
Yes.
Customer: replied 1 year ago.
it sais that we should make every effort to settle the case by law does this mean that if i dont do the mediation it would be looked down upon by the judge?
Expert:  Jenny replied 1 year ago.
I would suggest you do agree to mediation. There is absolutely no harm to you in doing so.
Customer: replied 1 year ago.
does it mean you would be willing to pay some of the fine?
Customer: replied 1 year ago.
is there any way to make sure no unsuspecting individual like us gets a fine from them still not painting clear signs?
Expert:  Jenny replied 1 year ago.
Yes , sorry I should be clear you should only agree to mediate if you are prepared to do this (pay some of the fine)Based on the facts that you described in your last question I think you have a good case to argue that you are not liable to pay the fine.
Expert:  Jenny replied 1 year ago.
If you win I think that they will (hopefully) know they need to make it clearer.
Customer: replied 1 year ago.
I am unsure if you still think that we should mediate or not?
Expert:  Jenny replied 1 year ago.
I can't tell you what to do only advise you of the options. You should only mediate if you are prepared to pay something towards the fine. If you are not then you should refuse and go to a full hearing.
Customer: replied 1 year ago.
ok
Expert:  Jenny replied 1 year ago.
No problem, in honesty if you want to feel like justice is done you are better going to a full hearing.
Customer: replied 1 year ago.
can you answer the other question
Expert:  Jenny replied 1 year ago.
what other question is that?
Customer: replied 1 year ago.
sure no unsuspecting individual like me
Expert:  Jenny replied 1 year ago.
i'm sorry I don't understand?
Customer: replied 1 year ago.
25/11/2015 01:20
is there any way to make sure no unsuspecting individual like us gets a fine from them still not painting clear signs? tr
Expert:  Jenny replied 1 year ago.
Oh ok, thanks, ***** ***** is no way to force them to change this. As I said earlier, if the court finds in your favour this is the most likely way to get them to make the signs clear.
Customer: replied 1 year ago.
so there is no legal obligation to have clear signs
Expert:  Jenny replied 1 year ago.
not on private land.
Customer: replied 1 year ago.
ok thanks wish me luck
Customer: replied 1 year ago.
I will let u know the outcome
Expert:  Jenny replied 1 year ago.
Good luck! please do let me know the outcome. All the best.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
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.
Morning Jenny I have more to ask with regards ***** *****
and I cant seem to add files can you help
Customer: replied 1 year ago.
I have Successfully emailed an attachment to customer
Customer: replied 1 year ago.
Hello,Thank you for contacting us. This is an automated response confirming that we received your request. One of our agents will get back to you as soon as possible, often in just a few hours.For immediate help, please visit our Customer Support Center.Kind regards,JustAnswer LLC
Customer: replied 1 year ago.
Please can you explain what the letter means and its implications thanks
Expert:  Clare replied 1 year ago.
You can paint the picture yes
Expert:  Clare replied 1 year ago.
sorry that was not for you

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