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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 29194
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have a writ of control relating to a parking offence that

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Hi I have a writ of control relating to a parking offence that I’d like to discuss
JA: Where are you? It matters because laws vary by location.
Customer: manchester uk
JA: What steps have you taken so far?
Customer: none I only found out a few weeks ago as I’d moved house and didn’t receive notification in time
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: this I didn’t have opportunity to challenge it

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

  1. May I confirm the amount that is claimed as owed please?
  2. does this relate to a single parking offence?
  3. Is this a council fine or a private parking ticket?
Customer: replied 4 days ago.
The amount is £10027.75. It’s a private parking company. It’s for parking outside my house in a designated spot. When I moved in as I’m tenant they wouldn’t issue me with a permit in my name despite the space being in the lease. It’s over 200 tickets
  1. Thank you. Why would the not issue a permit please?
  2. do you have a specific right to park in the parking space contained within your lease?
Customer: replied 4 days ago.
specific right. The landlord I rent off via a tennant is extremely ill. I couldn’t contact him. I eventually got a permit on 11/11/2018 having moved in 6/3/18. No renewals have been sent to me. They claim they sent permits but all in landlords name so as it’s a confidential arrangement through an agency I had no idea who letters not addressed to me were for. When permits ran out in 31/10/19 I’ve not had a renewal so there are now 261 tickets outstanding and bailiff at the door. The impact of this on my credit file is devastating and I need it resolved and claim damages... help!
Customer: replied 4 days ago.
I didn’t receive intention to prosecute as was going through bad divorce and mail to old house wasn’t passed on to me
  1. thank you. So to be clear, this is not a property you own but rather a property that you rent?
  2. do you have the specific provision from the tenancy agreement that provides you with a right to park in the space?
Customer: replied 4 days ago.
I’m a tenant and yes have specific parking spot

thank you. In terms of the judgement that has been rendered against you, based upon what you say, you did not receive the original claim papers, have at least a reasonable prospect of defending the claim and finally are acting in good time having discovered the judgement that has been made against you. Accordingly, he would have grounds to apply to set aside the original judgement following which, or the enforcement action that has been taken will fall away.

In terms of making an application to set aside the original judgement, you would need to initially apply using form N244. I'm attaching an example of how to complete this form and how to prepare an associated witness statement which you can use to adapt for your own application.

there is a fee of £255 to pay with your application and if it is your intention to apply, then you should make it a priority not to delay as delay can be prejudicial to your application in its own rights. In addition to the above enforcement action falling away, if your application is successful, the CC J which has been registered against you will be removed restoring your credit file to its former status.

The entire claim will then be reset to the pre-hearing state and you have an opportunity to enter a defence and defend yourself. Depending upon the terms of your tenancy agreement, it may be that you would need to consider joining in the landlord as a defendant by way of a counterclaim in respect of any claims that have been raised against you in the event that the claimants themselves are legitimate in which case it may be that you would have a claim against the landlord for indemnity failure to provide you with a permit as the landlord from what you say has granted you a right to Park in the allocated space

I hope the above answers all your questions. If there is anything else I can help with please reply back to me otherwise thank you very much for visiting JustAnswer and I hope we will see you again in the future.

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