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Ed Turner
Ed Turner,
Category: Traffic Law
Satisfied Customers: 1620
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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In 2014 my car broke down and i drove in to the MOT Cheively

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Hello in 2014 my car broke down and i drove in to the MOT Cheively Services and called the AA. I did not pay for parking fees as it was an emergency and i needed to be off the main road. MOTO Chievely tried to issue a parking fine. I spoke to them at the time and explained. They sadi sorry and it would be dropped. I received a threatening letter from some bailiffs today (DCBL) saying I would be taken to court if i do not pay up immediately and that I have no recourse to dispute the charge 6 yrs later. They say they have written to me many times, however I have received no letters explaining anything. have spoken to the AA today and they are sending me the report from the incident via e-mail. What should i do next.
JA: What state was the citation in? And have you consulted a local attorney?
Customer: This is the uk
JA: Do you need to appear in court?
Customer: Not yet - the bailiffs suggest if i dont pay they will advise their client to take me to court. There is also a section at the bottom saying if i cant pay they will take it away as seen on TV. This is a threat as far as I am concerned. Moreover the services MOTO company are making profit from peoples misfortune and misety this is wrong.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thanks

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

I am considering my reply which I will post shortly.

It appears that the parties varied the terms of the original contract in view of their inability to perform it due to the Covid-19 global crisis and national “lockdown”. The fixed term has been moved back a few months while the contract is “on hiatus” rather than terminating it.

Variations to commercial contracts must be agreed by both parties to be effective, otherwise the party attempting to impose and enforce the variation unilaterally is committing a breach of the contract.

In your case, both parties appear to have expressly consented to the first variation of the contract and to abide by the new term. However, the other party is now in breach of contract by its attempts to renege on the new term of the contract and re-introduce unilaterally the original term of the contract.

You now have two options.

You may either terminate the contract immediately for actual and/or material and/or repudiatory breach of contract by the other party. You may then claim damages for breach of contract in the civil County Courts for damages for your losses, such as fees you have paid above what was originally agreed.

Otherwise, you may waive the breach, affirm the variation by reverting to the original terms and continue the contract as the other party desires.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating to conclude this matter.

Kind regards

LawyerEd

Please ignore my two postings 11/11/2020 11:27. I replied to the wrong customer’s thread! I will post my reply to your thread as soon as possible.

The Limitation Act 1980 governs the law over the time limits that claimants must issue Civil Court Proceedings when disputes arise between them and the defendant.

Claims for Breach of Contract and Debt as well as most Claims under Tort for Professional Negligence and Fraud under the Tort of Deceit have a 6-year limitation period from the date the alleged breach of duty occurred or reasonably ought to have been discovered.

For enforcement of Court Judgments, there is a period of 6 years for the enforcement of a Judgment from the time that it becomes enforceable.

Therefore, it appears to me that the car park owner and/or their parking fine enforcement agent are out of time to issue court proceedings for the original parking infringement. However, if they did issue court proceedings against you and obtain a county court judgment, then they may still be in time to enforce it.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating to conclude this matter.

Kind regards

LawyerEd

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