How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask UK Solicitor John Your Own Question
UK Solicitor John
UK Solicitor John, Solicitor
Category: Law
Satisfied Customers: 401
Experience:  8 years legal experience
Type Your Law Question Here...
UK Solicitor John is online now

Assistant: How can I help? I need to know how I can claim

This answer was rated:

Assistant: Hi. How can I help?
Customer: I need to know how I can claim compensation for a van rental company passing my details on for a Bus Lane ticket whichever i was not the driver as I gave the van back the week before but they did not update their records and forwarded my details on to the council but the council do not care because of what this van company sent them (the contract Agreement I signed which they did not update once I returned the van back) and the van rental company are ignoring my letters and emails and now the council have taken the issue to court.
Assistant: Because traffic laws vary from place to place, can you tell me where this is?
Customer: London Uk
Assistant: Do you need to appear in court?
Customer: Yes
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No thank you
Customer: replied 7 months ago.
In addition I need to know how I can get the penalty charge cancelled as I do not owe it and have provided numerous documents of proof such as: the insurance cancellation documents, the day I left my job)what i was using the van for), conversations between my managers which all mate up to the date I said I returned the vehicle back and also medical letters for what stress has caused to my mental and physical health but yet everybody is still ignoring me?
Customer: replied 7 months ago.
The court also sent a letter saying I did not respond to them by filling out a form I think a defence claim but I did not receive any form
Customer: replied 7 months ago.
I think the case has defaulted in their favour but I am innocent and not guilty of anything
Customer: replied 7 months ago.
THank you
Customer: replied 7 months ago.
I can also provide you with all the evidence I have and some letters sent to me if need be

​Hello. I am qualified lawyer and will try to assist.

What dates did you rent the van from and to? Do you have a copy of the agreement which you signed on the date you returned the vehicle?

What is the date of the bus lane ticket?

My concern with your case is they seem to have obtained default judgement for failure to complete the defence on time. However this can be set aside if there is valid reason to do so, i.e new evidence. Please contact a solicitor to assist you with the court forms.

I will be happy to answer any further questions should you accept my answer.

Customer: replied 7 months ago.
Hello John.I rented the van from 07/03/2018-13/04/2018The agreement was for 3 or 6 months I can’t remember as this was a year ago and do not have a copy of it especially since the van rental company did not update it but I returned the vechile on the 13/04/2018 so I rented the van for 5 weeks but returned it back due to mainly finical reasons to not being able to afford continuing to rent the vechile which the van rental company were aware of.The bus lane ticket is for 25/04/2018.And yes that is a concern of mine as well, I did not receive any form to the best of my ability unless I have made a mistake somewhere but I would not be defending this case for over a year just to not send a form, I would do whatever it takes for these people to leave me alone it is causing me great stress.
Customer: replied 7 months ago.
I have added the evidence I have
Customer: replied 7 months ago.
I do not have a copy of the original PCN unfortunately, as mentioned this was a year ago and I have misplaced some hard copies which I unfortunately not make an digital copy of

Do you also have a copy of either the claim form or defence?

Customer: replied 7 months ago.
Unfortunately no.

That is important because it will have the dates of any order by the courts and will give an indication of how far progressed the claim is (and subsequently your options). What is the value of the ticket ?

The Penalty charge needs to be paid by somebody. Unfortunately, they do not care about the issues between you and GKC group, it will not be their concern as they have been provided with an agreement showing your rented the van between a period in which the charge was incurred (even though you returned it early?

The real issue here is between you and GKC group ok. You clearly have evidence to show the Van was returned earlier and therefore that you were not the driver at the time of the incident. I am unsure of the date of the proceedings but if it is not too late what you would need to do is make an application to the court to bring in GKC Group as a party to the claim. I cannot advise on this as I am unsure of the status of the claim but I would certainly recommend you visit the following site and make a claim against GKC for the amount that is being claimed from you. What I am proposing is you initiate your own claim either as part of the existing one or as a recovery from GKC.

Customer: replied 7 months ago.
Sorry, I lost internet connection.
Customer: replied 7 months ago.
Thank you for your help
Customer: replied 7 months ago.
i unfortunately have no access to the documents I have kept on this matter as I am not at home when I get home I will try and see what other information I can provide regarding the status of the claim
Customer: replied 7 months ago.
That is the harsh reality, the council do not care and I wish we lived in a world where people didn’t put money before people
Customer: replied 7 months ago.
Please could you advice whether I need to inform GKC I Intend to make a claim against them or just process the claim and wait till they receive the letter from the court
Customer: replied 7 months ago.
also.. if it is too late and the court grants that i need to pay this fine. What would I need to be able to delay this?
Customer: replied 7 months ago.
As you said, the fine has to be paid by someone, but I refuse to pay for something I did not do and do not want the situation to worsen which i’ve been trying to prevent and the situation to be sorted as quickly and naturally but as you pointed out the council don’t care, they have created a bigger situation then it needs to be. And GKC do not care because they won’t cooperate and I am stuck in the middle
Customer: replied 7 months ago.
how do I claim against GKC and wait for this to be processed (hopefully winning the case as I have done nothing wrong) and delay this big mess the council have caused with the court (if it is too late)
Customer: replied 7 months ago.
I also forgot to mention there is a 3rd party involved. Marston?
Customer: replied 7 months ago.
Here is the last letter I received on this issue. I have not received anything from the court but this company states they have had a warrant issued

Yes you will need to inform GKC of your intention. Please follow the steps on the link I previously provided which should assist.

Judgement has already been entered against you hence why you are now receiving an enforcement letter. This is normal once a party has not responded. There is a way to apply for a stay of enforcement proceedings but I would seek assistance from a solicitor to help you out. Also try giving Marston a call to explain the situation so they may apply for a stay.

Your options would be:

1. Pay the debt and seek recovery from GKC

2. Not pay the debt and request Marston apply for a stay in enforcing it

It will be difficult for you as you have not responded to any documents or letters (in the courts eyes)

I hope you now have some clarity in your options going forward unfortunately there is not much further I can do to assist you outside of my advice. I will be happy to answer any further questions you may have but only if you would accept my answer. I will consider a premium service if you are still unsure of what to do. Best wishes to you, John.

Customer: replied 7 months ago.
Just one last question. There are several options on what to pay for what you are claiming. Please could you advice on what is a reasonably figure to claim for damages to my mental and physical health.

To quantify a psychological injury you will need to see a medical expert which links the cause of the psychological injury to the current case. It is impossible for me to even give a ball park figure on the amount of damages you could claim for, so my advice would be to instruct a firm to see if they would be willing to help if you wish to claim for personal injury as well.

UK Solicitor John and 5 other Law Specialists are ready to help you
Customer: replied 7 months ago.
I see, thank you very much for your help and advice that you could offer

You're welcome. Wishing all the best,