Hello,

[1412kc]

Hello,

I am new on the forum. I have been defending a claim from a car parking company who issued a fine. I am the stage of filling in my N180 and would like a little advice.
The claimant is suggesting that we don't actually go to court but have the case dealt with via papers. This would suit me as I don't relish going to court but is this sensible?

Thanks
K

[jaguarsuk]

Hello,

I am new on the forum. I have been defending a claim from a car parking company who issued a fine. I am the stage of filling in my N180 and would like a little advice.
The claimant is suggesting that we don't actually go to court but have the case dealt with via papers. This would suit me as I don't relish going to court but is this sensible?

Thanks
K

It is your and their right if they wish to have this heard on paper. However, the judge will read only what is written and if they're unsure about something can't ask questions. It's always better to attend a hearing and maybe a telephone hearing could prove a good middle ground if available.

While you say you don't relish it I would say it's not like you see on TV or in films. Small claims are much more informal and if you're in a large court (such as in a city) are unlikely to even go into an actual court room, you'll go into what is effectively an office and sit opposite a judge, but next to them and discuss the claim. If you are in a smaller place and have to go into the court room it's still less formal and you'll jut sit to discuss the claim.

[1412kc]

Thank you, that is very helpful.
I was being guided by BMPA but they appear to have disappeared. It was suggested that the driver rely on the fact that no contract was offered, so they couldn't accept or decline. And that the driver only stopped for approximately 10 minutes and this fine was out of proportion.
The company haven't identified whether I was the driver, just the registered keeper. Do you have any further advice?

Thanks

[jaguarsuk]

I'm don't know much about parking, but you have entered a defence and therefore it would be a good idea to post a copy of their Particulars of Claim and your defence with personal information obscured to allow someone who might be able to advise to see exactly what has been said and by whom.

ostell perhaps could help