Parking company taking me to court

[charitynjw]

The initial 10 mins may be arguable in certain circumstances.
If the driver paid via a P&D machine within the 10 mins, it could be argued that acceptance of terms was at that point.
Or if the driver was seen leaving the site on foot before the 10 mins grace period, same might apply.
But in situations where the parking co are relying solely on ANPR evidence, imho the 10 mins (min) has to be allowed both at the beginning & end of the allowed parking period.

[DTong]

Thanks Ostell and charitynjw. Wish me luck. I have photos of signs under trees, receipt to prove I ate in restaurant with delay being served, receipt for parking at the health centre a few minutes after the claimant states I left and now the grace period info. I also stated that the restaurant has no warning signs or the servers do not notify paying customers of parking limit or restrictions. I have a video I made proving this as I get served.

[DTong]

Received confirmation from the courts of my defence submission and that’s its being sent to the legalised Criminals whom now have 28days to decide wether to proceed.

[DTong]

Can anyone explain to me please the right to represent in layman’s terms please as the courts letter stated they were charging £50+ for legal representation. I thought they were not allowed in small claims court?
Another question please, why if I lose will my credit rating me affected? I am really pissed of about this as I should have every right to appeal and contest without (other than paying the charges) other repercussions.

[charitynjw]

Can anyone explain to me please the right to represent in layman’s terms please as the courts letter stated they were charging £50+ for legal representation. I thought they were not allowed in small claims court?
Another question please, why if I lose will my credit rating me affected? I am really pissed of about this as I should have every right to appeal and contest without (other than paying the charges) other repercussions.

CPR 45.2
If the claim form is served by the court, a fixed commencement fee of £50 is allowable for a solicitor (claim under £500)
& if you should lose, but pay the judgment amount within a month or so, the CCJ is not recorded on the Trust Registry.

[DTong]

Thanks again Charitynjw. How much the right to represent? I read a thread somewhere which basically means that the person representing the parking company needs to be qualified or something? I was just wondering how I tease this out or make an on the day challenge - what do I need to say and how?

[charitynjw]

Thanks again Charitynjw. How much the right to represent? I read a thread somewhere which basically means that the person representing the parking company needs to be qualified or something? I was just wondering how I tease this out or make an on the day challenge - what do I need to say and how?

You need to familiarise yourself with the legal position on this.
Enjoy!
https://www.lawgazette.co.uk/law/rig.../57199.article

[DTong]

Omg. I have read this and am still none the wiser. Why do they make these things so complicated. I guess I just need to know how to ask and let the judge decide whether to allow or not. Any layman’s suggestions on how I go about instigating this challenge? I need as much as I can muster to be successful. I’d really appreciate it.

[DTong]

Quick update. I have just received notice of proposed allocation to the small claims track. I have to complete form N180 asking me to consider mediation?

Will it go against me for not considering this as I accept no liability at all for the claim of the costs against me.

The form states I need to complete this and serve copies on all other parties?

[charitynjw]

Quick update. I have just received notice of proposed allocation to the small claims track. I have to complete form N180 asking me to consider mediation?

Will it go against me for not considering this as I accept no liability at all for the claim of the costs against me.
I would always tick 'yes' for mediation.
If only for the fact that courts like to see at least an attempt, or willingness, to resolve issues out of court.

The form states I need to complete this and serve copies on all other parties?
Yep, serve on all other parties. (Either the Claimant or, if legally represented, their sols).
Best to get proof of sending.

####

[DTong]

Ok will do thanks. Mediation won’t work as it’s unlikely as they have taken it this far that they will accept me telling them to shove their claim where the sun don’t shine and I owe them nothing but hey ho. I can be diplomatic.

Will keep you posted.