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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70700
Experience:  Over 5 years in practice.
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My brother got a penalty ticket for not having a valid

Customer Question

Hi,
My brother got a penalty ticket for not having a valid permit in a private car park for flats.
At the time he was out of the country and is unaware that he received a parking fine. This is now at the Notice of Proposed allocation to the small claims track stage.
I am his sister and I incurred the penalty ticket. His mail comes to my address which is why he doesn't know about it.
What I would like to know is does he stand a chance to appeal against the claim on the grounds that he was out the country and was not aware that he received a ticket.
If there is a good chance of appeal does he need to be present at court or can I get a solicitor to represent him.
If it is highly unlikely that he will win the appeal then I would like to acknowledge to the court that it was me who incurred the fine. Again what would the process be for this.
I have rang several solicitors and they do not take on small claims cases. What is the difference between a civil case and a county court case and how would I go about getting representation for this.
Thanks
Bevlyn
Submitted: 8 months ago.
Category: Traffic Law
Expert:  Jo C. replied 8 months ago.

Hi - so you incurred the penalty but he is the registered owner is this correct? what is the time frame regarding this fine please?

Customer: replied 8 months ago.
Hi Jo.C
Yes I incurred the penalty but he is the registered owner. I have to fill out the Small Claims form by the 2nd April, as I am off on holiday next week.
Customer: replied 8 months ago.
Does this mean I have to pay the £47 and then another £44 that I have already paid?
Expert:  Jo C. replied 8 months ago.

Only if you want a phone call. If not I can carry on online for the same price?

Is that OK?

Customer: replied 8 months ago.
please carry on online.
Expert:  Jo C. replied 8 months ago.

Ok. Who is the issuer of the penalty?

Customer: replied 8 months ago.
It is
Parking Control Management
The /courtyard
1a Cranbourne Rd
Slough, SL1 2Xf
Expert:  Jo C. replied 8 months ago.

Ok. Are you willing to risk being sued?

Customer: replied 8 months ago.
What would the consequence of being sued mean? Also what would the cost implication be?
Customer: replied 8 months ago.
is it me, that will be sued or my brother?
Expert:  Jo C. replied 8 months ago.

Sorry but this makes no sense.

Why are you being sued?

He is the registered keeper?

Customer: replied 8 months ago.
The bot***** *****ne is if my brother gets sued then I would be paying the damages because it's not right that he should be left with a debt he didn't do. I just need to understand what the legal position is and if he stands a good chance in court if there is proof that he was out the country and he was not aware of the parking charge as his mail comes to me.
Expert:  Jo C. replied 8 months ago.

Well, it doesn't matter whether he is out of the country. That is not a ground of appeal.

There may be many points he could run but he would need to do that himself. It cant be done by you remotely.

He might want to check the signs at the location to see if they are clear and adequate. That might well be fruitful.

Customer: replied 8 months ago.
You mentioned the risk of being sued, what are the implications or consequence of this...
Expert:  Jo C. replied 8 months ago.

If he pays within 28 days of judgment then it could be removed from his credit file.

Other than that none really. Costs I suppose.