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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.
Do you also have a copy of either the claim form or defence?
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.
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.
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.
You're welcome. Wishing all the best,