Free Traffic Legal Advice

Good morning,

I have now had my mediation phone call following the procedure set out in advice in other threads.

The mediator first summarised the claim and said that the claimant states there is nothing relevant in my defence. I didn’t comment on that but asked the mediator to confirm the name and role of the claimant’s representative and whether they have full authority to settle. She rang me back and said the representative was unwilling to give their name or position but could confirm they have authority to settle.

I said without their name and position I was unable to confirm they had authority to settle and was not prepared to take their word for it. I asked them to record that the claimants had not confirmed settlement authority and that my liability is denied and my offer is £0. The mediator said she cannot physically record anything like that and the only thing on record will be that a settlement was not agreed. That’s all the courts will see. Not sure if that’s correct.

I am concerned however that as they have stated nothing relevant in my defence they will press on to court, is that likely? There is a 10 minutes grace period in this area apparently and I was only parked for 16mins (without realising it had become a permitted area when it hadn’t been for years and years) so I am holding onto the hope the charges are seen as unreasonable for the short time period but not sure if that’s relevant or if I even need to worry about it.

Huge thanks as ever for your time and advice!

Thank you so much for your help, it is greatly appreciated. I have submitted that defence on MCOL.

Hi there, I thought they had given up but while I was on holiday I received a claim form from HM Courts and tribunals. Unfortunately I have missed their 14 deadline and don’t know how to respond now. Would you be able to help me with what I’m best doing? Thank you so much

Hi everyone,
I am the registered keeper of a vehicle that was parked in a privately owned car park in Ilkeston town centre where permits are required. Historically it has been a small free for all/no man’s land area, hence the genuine mistake the driver having not been to the area for some time and the signs weren’t noticed as they were in a rush. The vehicle was parked there for just over 16 minutes while keys were collected from an estate agent on the pedestrianised high street. I received the first registered keeper letter from civil enforcement (link to photo should be below), then 2nd letter, now I’m on the debt collection letter from DCBL and the 14th day is today. So I guess they may try and take me to court now. I can’t afford to pay the amount they are asking for £170 and scared about additional court fees they mention so I have been ignoring the letters and hoping it would go away!

I did a bit of googling and can’t see any obvious flaws in the letter or notices to my untrained eyes. My only thought is might I be successful at appealing to popla or at the court hearing on grounds of disproportionate charges given it was only 16minutes? I read that’s got harder to argue now though.

My other thought was could i go in and talk to the carpark owner (office is close to car park) to see if they will call off the hounds if I offer to give them a tenner or something for the time the car was parked there and promise it will never be parked there again?! Probably a long shot. Not sure if they could even do that now in the hands of DCBL.

Many thanks in advance for any suggestions you may have, I’d be very grateful.
S

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