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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70198
Experience:  Over 5 years in practice
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This is regarding parking fine by AS Parking. I received a

Resolved Question:

This is regarding parking fine by AS Parking.
I received a Notice to Keeper from AS Parking on the 5th May 2016 regarding a parking event on 13/11/2015. The company was asking to pay £100 fine. I contacted the company as the sinage was not visible on that foggy evening. This was rejected.
I wrote to AS Parking on the 9th June 2016 giving my reasons for disagreements. I also stated that I was open to ADR(alternative dispute resolution).
I offered to pay £25 as I felt that the fine imposed was very unreasonable.
On the 4th July 2016 I received a letter form Gladstones Solicitors on behalf of AS Parking asking me to pay. The letter made reference to Practice Direction for Pre-action Conduct under Civil Procedure Rules.
On the 18th July I wrote back to Gladstones Solicitors stating that I will not be paying as the notice to the keeper failed to meet the obligations of schedule 4 of the POFA Act 2012.
I went on holiday from 19/7/2016 and returned on 18/8/2016.
On return going through my posts I noticed that I received a Claim Form from The County Court dated 22/7/2016. I had to respond within 14 days or request for 28 days to prepare defence or contest.
I have run out of time as I was on holiday.
Could you please advice on what are my options.
What are the chances if this is contested on the above technical grounds?
Thanks,
Anand
Submitted: 11 months ago.
Category: Law
Expert:  Jo C. replied 11 months ago.

So, in short, you haven't submitted a defence in time?

Customer: replied 11 months ago.
No.
Expert:  Jo C. replied 11 months ago.

It depends whether judgment has been entered against you.

Usually these companies seek judgment pretty quickly as they are hoping people will fail on procedural points.

If judgment has been entered then you can apply to have it set aside but that will cost £225 and there are no guarantees as you do no really have grounds.

Expert:  Jo C. replied 11 months ago.

Also, for £225 you could probably all but pay the fine off.

Expert:  Jo C. replied 11 months ago.

And avoid the CCJ.

Expert:  Jo C. replied 11 months ago.

It depends on your priorities.

In fairness, the case of Beavis is in force now and the sum of their fines has been held to be acceptable so £25 was never going to be an adequate offer.

Expert:  Jo C. replied 11 months ago.

You can always rely on the adequacy of signs although the fact that there was adverse weather is not their problem and does not go to the adequacy of signs.

Can I clarify anything for you?

Jo

Jo C. and 3 other Law Specialists are ready to help you
Customer: replied 11 months ago.
Thank you very much.Anand
Expert:  Jo C. replied 11 months ago.

No problem.

All the best.