**WON!!!!!** County Court claim letter over parking fines

[jord22]

Re: County Court claim letter over parking fines

http://parking-prankster.blogspot.co...ladstoned.html

Pretty decent.



As costs are limited in the small claims track you are not very likely to have more to pay than claimed. In fact with the inflated costs already added it's possible even if you lose it'll cost you less.

I would proceed with defending.

M1

So fill in the Questionnaire form, then await to see what happens next? The court have my defence, they'll then proceed to their verdict or will I have to stand up physically and defend myself?

[mystery1]

Re: County Court claim letter over parking fines

The court will send out directions next which will include a deadline for submitting evidence, including a witness statement. You can apply for a hearing on papers to avoid appearing but it is not advised as it's harder to get your point across.

After that then, yes you'd need to attend and present your defence. It's quite informal though so no wigs,and gavels and all that caper.

M1

[jord22]

Re: County Court claim letter over parking fines

The court will send out directions next which will include a deadline for submitting evidence, including a witness statement. You can apply for a hearing on papers to avoid appearing but it is not advised as it's harder to get your point across.

After that then, yes you'd need to attend and present your defence. It's quite informal though so no wigs,and gavels and all that caper.

M1

Hi Mystery,

I've sent the papers off to the court and to SCS Law so will wait to see what happens now.

I still have the sample defence you sent me so I will base that and use the link you also provided.

[jord22]

Re: County Court claim letter over parking fines

Hi Mystery.

I tried today at Mediation and my gut feeling is that this will end up going to court.

I've used the link you sent as a basis for my defence but if I'm honest, I'm not 100% sure how much of it applies to me.

Is it possible that we can break it down in to more understandable chunks so I can start to build my defence in the eventually of a court hearing.

Your help is greatly appreciated.

[jord22]

Re: County Court claim letter over parking fines

Hi Mystery.

I tried today at Mediation and my gut feeling is that this will end up going to court.

I've used the link you sent as a basis for my defence but if I'm honest, I'm not 100% sure how much of it applies to me.

Is it possible that we can break it down in to more understandable chunks so I can start to build my defence in the eventually of a court hearing.

Your help is greatly appreciated.

They expected me to pay the money over a 12 month period which I have rejected so it's going to court.

[mystery1]

Re: County Court claim letter over parking fines

To be expected. I'll take a better look soon.

M1

[jord22]

Re: County Court claim letter over parking fines

To be expected. I'll take a better look soon.

M1

Hi Mystery,

As expected I have received notification that we are going to the small claims court, so I need to start building my defence.

Would it be possible to start to take a look at this soon?

Your help is greatly appreciated as ever.

[mystery1]

Re: County Court claim letter over parking fines

Will do. Post up anything you receive.

M1

[mystery1]

Re: County Court claim letter over parking fines

Did any information come out of mediation ?

Do we have any further knowledge of what it's actually about other than the shitty particulars of claim ?

M1

[jord22]

Re: County Court claim letter over parking fines

Did any information come out of mediation ?

Do we have any further knowledge of what it's actually about other than the shitty particulars of claim ?

M1

I offered a small amount to settle and it was rejected through mediation.

All that I have is the PoC that was sent through before, which is further up here.

[mystery1]

Re: County Court claim letter over parking fines

Without any details your defence remains that the claim has no basis based on what they have pleaded.

There may be better defences based on signage (forbidding), keeper liability, no contract (no stopping/waiting etc), no contract as the signs were not easily legible etc etc but without any details how can anyone say these apply ?

M1

[jord22]

Re: County Court claim letter over parking fines

Without any details your defence remains that the claim has no basis based on what they have pleaded.

There may be better defences based on signage (forbidding), keeper liability, no contract (no stopping/waiting etc), no contract as the signs were not easily legible etc etc but without any details how can anyone say these apply ?

M1

I'll take another picture of the signage for you - I thought I had attached one further up the thread?

[jord22]

Re: County Court claim letter over parking fines

Hi Mystery, I need to present any evidence I plan to use by April 11th, the session is on April 26th.

The only evidence I have to present is the parking sign, right? I posted it further up in this thread, which I’ve reattached here. I feel that the defend you put together for me previously would need ‘beefing up’ for the case - am I right, or will it be enough?

I’d be grateful if you could take another look at it for me just to be sure. I plan on going to get a better image of the sign later this week (work commitments are quite lengthy this week, so will do it when I can).

[mystery1]

Re: County Court claim letter over parking fines

Well it'll come down to what they submit as evidence, if a judge is going to let them use it.

Aside from that the evidence will probably be the sign you posted. To counter that you'd argue the same as http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1 or http://nebula.wsimg.com/c8348f3d7a15...&alloworigin=1

Which is essentially there is no agreement to park without a permit and it would be a trespass scenario, which as per Parking Eye v Beavis, can only be the land owner/occupier.

M1

[jord22]

Re: County Court claim letter over parking fines

Well it'll come down to what they submit as evidence, if a judge is going to let them use it.

Aside from that the evidence will probably be the sign you posted. To counter that you'd argue the same as http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1 or http://nebula.wsimg.com/c8348f3d7a15...&alloworigin=1

Which is essentially there is no agreement to park without a permit and it would be a trespass scenario, which as per Parking Eye v Beavis, can only be the land owner/occupier.

M1

I need to send all the documents I'm relying on in court by 11th April - would this mean any evidence I give and my defence? I'm confused as to what this means.

Can we bullet point a listed defence? I think that would be beneficial

Thanks!