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DanielM311
DanielM311,
Category: Traffic Law
Satisfied Customers: 51
Experience:  Expert
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I have a private parking fine that I’m being taken to court

Customer Question

Hi I have a private parking fine that I’m being taken to court for. Do you know any no win no fee solicitors who specialise?
JA: What state was the citation in? And have you consulted a local attorney?
Customer: It’s in the uk no
JA: Do you need to appear in court?
Customer: Nottingham yes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the lease company was the registered keeper and legal owner, staff used to drive the car and then don’t know which one it was as is from 2018. They also have served the notice to an old address so havent received any correspondence or a chance to view the evidence - no idea what it relates to!
Submitted: 15 days ago.
Category: Traffic Law
Customer: replied 15 days ago.
File attached (MPTVTM5)
Customer: replied 15 days ago.
Do you think that i could build a successful defence from this?
Expert:  DanielM311 replied 15 days ago.

Good Afternoon. Thank you for your enquiry. My name is ***** ***** I am a Solicitor. Unfortunately as you are a Defendant and the value of your money claim is less than £10,000 it is unlikely you will find a Solicitor who will accept your case on a no win no fee basis. The reason for this is that legal costs are not recoverable in small claims matters and therefore you would need to pay privately to have a Solicitor. As you have now received notice of court proceedings you must file an acknowledgment of service within 14 days and then your defence within a further 14 days. All details of how you can do this should be enclosed in the court pack. If you fail to dot this the parking company is likely to seek judgment in default and you will be ordered to pay the amount claimed.

Customer: replied 15 days ago.
Do you think that i could build a successful defence from this please?
Expert:  DanielM311 replied 15 days ago.

From the document that you have provided it is impossible provide you with an answer to your question. The document provided simply shows the amount claimed by the other party and offers no insight into the circumstances of this incident. A typical defence to this type of action is that the fine has been issued in error, or served too late, or there is no legal basis for the claim.

Customer: replied 15 days ago.
Thanks the lease company was the registered keeper and legal owner, staff used to drive the car and then don’t know which one it was as is from 2018. They also have served the notice to an old address so havent received any correspondence or a chance to view the evidence - no idea what it relates to!
Expert:  DanielM311 replied 15 days ago.

Ok, I can see where you are coming from. Is the address on the claim form your correct address?

Customer: replied 15 days ago.
No i haven’t lived at the address for years - my sister lives there and only gave me this as she realised it was from the court
Expert:  DanielM311 replied 15 days ago.

Thank you for confirming, are you the legal owner of the property? if yes, then the claim form has been correctly served and you must respond. If you are not the legal owner of the property then you could choose not to respond on the basis that the court proceedings are defective. If you choose not to respond the parking company can still seek to get judgement in default and it would be up to you to notify the court of your reasons for not responding. Due to the fact you have received the court papers I wouldn't recommend not responding. My advice is

1. File your acknowledgment of service

2. contact parking company to obtain their particulars of claim (iE reasons for making the claim)

3. File your defence ( general page responding to each allegation in the particulars of claim)

4. make a request that the claim is referred to small claims mediation. This will allow you to try and negotiate directly with the parking company. This is a very cost effective way to resolve a dispute of this type.

Customer: replied 15 days ago.
thanks will do! Final question - does this look ok / would you change anything?1. I was not the registered keeper or driver of the vehicle.
2. The registered keeper and legal owner was Nationwide Vehicle Contracts Limited.
3. I did not live in or visit Nottingham in May 2018. I live in the south east. I had a promotions company in Nottingham which I managed from London (London events corporation limited & Nottingham student events limited) and I had a number of staff working for me. Many of the DJs and promotions staff would commute from London to Nottingham for the events and they would use the vehicle from time to time if they didn’t have transport (5 staff would use the car which was cheaper than paying for the train.) I have tried to get a bank statement from my bank to prove that I wasn’t in Nottingham but I was formerly with HSBC (now Natwest) and I don’t have access to the old bank account. There were a number of staff working for me and different contractors and I have no idea who was driving the vehicle. Seeing as the fine is from 3 years ago and one of the companies is dissolved / run by old business partners, I have no record or recollection of who was driving. I’ve tried to contact a few of my former staff but I haven’t spoke to many for years and most I no longer have contact details for. Naturally the alleged breach of contract being 3 years ago, the people who could have potentially been driving have no idea who was driving or whether they were even in Nottingham / won’t admit it was them regardless.
4. I have no idea what the breach of contract relates to. I’ve not received any correspondence from Elms Legal Ltd. I live at 34 scenic house,***** South Woodford, London, e18 1ff (my drivers license is registered to this address and I can provide evidence), previously I lived at 29b crown street, Brentwood, essex, cm144ba, previous to that I lived at Manderley, Rat's Lane, Loughton, Essex, IG10 4AQ. My sister now lives at millwell crescent and opened the mail and saw that it was from the court and gave it to me. I’ve never received any correspondence to date and I’m not sure why they have been sending it to this address or whether any correspondence has been issued at all.
5. I’ve not been given an offer of mediation to defend myself. I don’t believe pre court action protocol has been followed.
6. I’ve also had a look at charles car park on google maps. I can’t make head from tail what car park it is so I can’t at this stage even respond to or make sense of the claim or respond to the particulars of the claim. How am I meant to defend myself with relation to the claim or prepare for court without details or evidence?
7. I believe the claim has been bought against me at my old address so that I cannot defend myself or respond to it and therefore a default ruling issued against me for something which is now 3 years old and I have no idea about.
8. It has caused me significant stress and alarm. I am currently applying for a coronavirus recovery business loan and I’m worried this will affect my credit rating and affect my chances of getting the loan if I’m ruled against. I have never been taken to court and I am very concerned about the impact. I therefore will be entering a counter judgement and pursuing reasonable costs in the event the claim is progressed by the claimant.
9. I’m requesting that the claim is also referred to small claims mediation and that the contract with the landowner is provided to ascertain that vehicle control services limited are the landowners and are authorised to bring the claim.
Expert:  DanielM311 replied 15 days ago.

Thank you for your response. Yes, as a litigant in person this response should be fine. Please ensure that you put this in a clear format labelled defence. One of two things will happen after you file your defence. The court will accept your defence and strike out the claimants claim on the basis of no legal basis to pursue the action, or the Court will allow the matter to proceed and will set directions that the matter is referred to the small claims mediation team. I hope that this assists you and I hope that you manage to have the matter resolved shortly. Please ensure that you comply with the court deadlines.