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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 78873
Experience:  Over 5 years in practice
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I have a civil case in regards to parking tickets my

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I have a civil case in regards ***** ***** tickets my driver(hires a taxi from myself)has accumulated can you help with advice?
JA: Because traffic laws vary from place to place, can you tell me where this is?
Customer: Paisley Renfrewshire Scotland
JA: Do you need to appear in court?
Customer: appeared today at judge’s invitation
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no think that’s all

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

How can I help please?

Jo C., Barrister
Category: Law
Satisfied Customers: 78873
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 14 days ago.
Appeared in court at Sherriffs request today in regards ***** ***** parking tickets accumulated by a taxi driver who rents a car from myself,I’m held responsible as I am the registered owner of the car

I can call in about 30 mins? Is that OK?

Customer: replied 14 days ago.
that’s fine,thanks

Good to talk to you.

No problem.

All the best.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 14 days ago.
File attached (ZL362T2)
Customer: replied 14 days ago.
File attached (3MZVGVP)

Ok, who is bruce?

Customer: replied 13 days ago.
Bruce Devlin is the driver of our car

Obviously I can't say what has happened here but that would suggest the judge has ordered that you demonstrate that you expressed opposition and you named the driver to the company.

Also have you sent the response to all parties including Bruce Devlin? This would suggest you haven't.

Have been asked to look at this for you.

I don’t read anything sinister into this.

If you have not already filed a defence, then you should have filed one and your defence would be that you were not the driver of the vehicle, the driver of the vehicle was Bruce Devlin of ADDRESS and that is the correct defendant.

There is no claim against you just because you are the registered keeper if you have given the name of the defendant. These charges work on the basis that by parking you enter into a contract to pay the fee or pay if you stay over.

The laws are more Draconian in England than in Scotland but the easy way for you to get rid of this is to simply say that somebody else was the driver, here are his details, get on with it.

That is what’s likely to happen at the informal hearing which the judge has ordered.

You need to make sure that Bruce has a copy of all the correspondence and that he is invited to attend the hearing. Basically make sure that everybody is aware of everything.

It would seem that the only reason the parking company is pursuing you is because you haven’t told them that you were not driving.

Customer: replied 13 days ago.
The Judge and Parking company have been given the drivers details,copies of the drivers logs from the taxi company that he was in possession of the vehicle when the alleged parking offences were committed, also another letter from Taxi company that Driver is associated with the vehicle private hire plate. Court refused to let driver attend due to COVID as case was against us?

Yes, but did you use the response form?

This would suggest you just haven't complied with procedure in some way although obviously I will not know how.

The sheriff should have explained to you exactly what he wants done though?

Customer: replied 13 days ago.
The sheriff has sent requests to us before to which we have sent all paperwork and information back ie logs,details of driver etc

Sorry, I see my colleague has posted above.

Did that help?

Customer: replied 12 days ago.
I’m still awaiting response from ur colleague

You are entitled to have a witness present. If the judge will not let you have a witness present at the eventual hearing, then you can appeal on the basis that the judge made an error of law.

For some reason, the parking company don’t want to drop it although in the light of the overwhelming evidence that this claim is against the driver, I cannot see why they want to pursue it to court.

You might want to write to them and tell them exactly that.

As it is, the court has to go through the process because the parking company have not dropped the case.

It’s simply a case now of dealing with the final hearing and submitting the evidence that you have as part of your defence.

As I said, unless the parking company agree to drop it, the court has to go through the process.