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JimLawyer
JimLawyer, Solicitor
Category: Traffic Law
Satisfied Customers: 17375
Experience:  Senior Associate Solicitor
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I have an enforcement letter from Gladstone Solicitors for a

Customer Question

I have an enforcement letter from Gladstone Solicitors for a parking ticket How do I appeal it?
JA: Because traffic laws vary from place to place, can you tell me what location this is in?
Customer: Constatine Bay Padstow
JA: Was a citation issued? Was a court date set?
Customer: No court date set I have 7 days to pay
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 Llawnroc Parking Services Ltd website was not functioning when I tried to pay
Submitted: 6 days ago.
Category: Traffic Law
Expert:  JimLawyer replied 6 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 6 days ago.

Sorry to hear of this. 
Was it a parking charge from a private parking company, or from the council?

Customer: replied 6 days ago.
private parking company
Customer: replied 6 days ago.
they had no card option and I was only there for 15 minutes
Customer: replied 6 days ago.
company was Llawnroc Parking Services Ltd
Expert:  JimLawyer replied 6 days ago.

OK, thanks. 
That wouldn't matter as it'd still be classed as breach of contract - though if there was no card option then you could use this as a valid argument for non payment. 

You can also go to the Ombudsman to see if they can resolve this dispute without the court having to be involved.

You can do that via this site :

https://www.ombudsman-services.org/providers/parking-on-private-land-appeals-popla


Expert:  JimLawyer replied 6 days ago.

They are pursuing as when you enter a private parking area, you enter in to a contract to use it - in return for payment. If you don't pay or you do but over-stay, they can levy a parking charge. 
It's usually around £60 but can quickly escalate. The Government is introducing a £50 cap next year to stop the problem - as it's not unknown for the charge to reach £170 or more when the debt collection fees and court fees are added on.

As for the letter you have received, debt collectors are not bailiffs - they have no powers as such. They will simply try to collect the money their client thinks you owe. You can turn them away if you dispute the debt and they visit you - they can’t enter your home and take goods. They would report back to their client they were unsuccessful and it’s then up to their client whether to take matters further.

They should send a letter before action to you if their debt collection attempts fail - which is required under the pre action protocol to give you the chance to avoid court action. They usually give you 14 days to pay before they will take civil court action.

It is recommended that you reply to this letter given the courts expect parties in a dispute to engage and discuss their dispute, to try and avoid court action.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help.

You should not ignore the court papers as if you do, the claimant will apply for judgment in default meaning they win and you would not be allowed to defend the claim.

A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record.

If you lost and if you were unable to pay the full sum owed at that point you can also ask the court to pay by instalments (a simple form is sent in, form N245, and a fee of £14 unless you qualify for a fee exemption so if you are on a low income, have low savings or in receipt of benefits then you would qualify). If the CCJ was not paid in full though bear in mind the credit record would contain the CCJ details for up to 6 years. After that it comes off the credit registers.

I can assist you going forwards if it gets to the point they issue a claim.

Expert:  JimLawyer replied 6 days ago.

I hope this helps - it would be worth appealing in my view given the fact

Expert:  JimLawyer replied 6 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim

Expert:  JimLawyer replied 6 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question starting off with @JimLawyer.

I look forward to helping you again soon.

Thanks again,

Jim


Customer: replied 6 days ago.
Thank you Jim, very informative. So moving forward I need to contact the company issuing the debt collectors to create an appeal?
Expert:  JimLawyer replied 6 days ago.

Hi there, you can appeal directly to that site I mentioned (and you can inform the company which wrote to you to confirm you are appealing and to ask them to stop contacting you). 
Thanks