Ask a Traffic Law Question, Get an Answer ASAP!
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.
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.
Ok, I can see where you are coming from. Is the address on the claim form your correct address?
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.
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.