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I got a court hearing tomorrow over a private parking fine. Company claims no permit displayed - truth is permit fell onto steering wheel (I have photo proof), but was still visible if looked from the driver's window. They photographed the car from an angle where the permit isn't visible - they probably just didn't check carefully.
It's my residence, so I have valid permit always displayed otherwise. The company (their solicitors) won't attend hearing, they just sent me and the court a witness statement.
They want £270, I offered £135 to settle to save everyone's time but they refused.
Should I show up or just pay the £270? What are my chances of winning if I attend? And will I need to present my case myself or an I get duty solicitor help on the day?
Any advice appreciated..
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What are my chances of winning if I attend?
Impossible to reliably say really, as we've very little information to go on.
There's equally little advice we can give either at such a late stage of the process. If you show us the following we ,ight be able to shed a tiny bit more light:- The particulars of claim
- Your defence
- Your witness statement(s) and evidence
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What are my chances of winning if I attend?
Impossible to reliably say really, as we've very little information to go on.
There's equally little advice we can give either at such a late stage of the process. If you show us the following we ,ight be able to shed a tiny bit more light:- The particulars of claim
- Your defence
- Your witness statement(s) and evidence
I submitted a short defence, claiming essentially what I said here, that a valid parking permit was in fact displayed, they just didn't check carefully. I did not send any witness statement after filing a defence. My only evidence is a picture taken the day I got the PCN. -
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What did you put in as your defence? Have you submitted a Witness Statement? Who is the claimant?
There is no "duty solicitor" for civil cases. This is not a criminal matter. Where have you been getting your advice from?
You have left it far too late to be able to assist in any meaningful way except to advise that you do show up. Not showing up will mean that you have acted unreasonably and instead of fixed costs if you lose the case, you could be liable for all the claimants fixed costs.
By showing p, you still have a chance to answer any questions from the judge and there is always a chance that you will win. Even if you lost, you would not pay the full amount of the claim as they have added fake debt collection fees. -
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I submitted a short defence, claiming essentially what I said here, that a valid parking permit was in fact displayed, they just didn't check carefully. I did not send any witness statement after filing a defence. My only evidence is a picture taken the day I got the PCN.
It would be better if you showed us the documents I mentioned rather than providing a vague summary. If you want advice you need to give us information to go on. So far we don't even know which company is suing you. -
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I submitted a short defence, claiming essentially what I said here, that a valid parking permit was in fact displayed, they just didn't check carefully. I did not send any witness statement after filing a defence. My only evidence is a picture taken the day I got the PCN.
It would be better if you showed us the documents I mentioned rather than providing a vague summary. If you want advice you need to give us information to go on. So far we don't even know which company is suing you.
I am unable to attach the witness statement due to privacy, but does this summary without particular name details etc work?
Filed on behalf of: UK Car Park Management Limited
Name of Witness: John Doe
Witness Statement No: One
IN THE COUNTY COURT AT LONDON
CLAIM NO: xxxxxx
WITNESS STATEMENT OF JOHN DOE
FILED ON BEHALF OF THE CLAIMANT
I, John Doe of Gladstones Solicitors, states as follows:
INTRODUCTION
- Paralegal employed by Gladstones Solicitors Limited, acting for the Claimant
- Statement made for hearing listed on 7th August 2024 at London County Court
- Two pictures exhibits referenced in statement
THE CLAIMANT'S AUTHORITY
- Claimant manages and enforces parking on private land through warden controlled sites and ANPR
- Operating under Landholder agreement
- Member of Accredited Trade Association (ATA)
- Signatory to KADOE agreement with DVLA
THE CLAIM
- Site location: xxx
- Terms require valid UK CPM E-Permit or displayed permit
- Signs throughout site stating £100 charge for breaches
- Appeals process available through internal system and ATA
THE INCIDENT
- Date: 23rd August 2022
- Vehicle observed without valid permit displayed
- PCN issued by post after obtaining keeper details from DVLA
- No payment or response received, liability notice issued
CLAIMANT SEEKS:
1. Principal debt of £100
2. Additional costs of £70
3. Further £70 allowed under IPC Code
4. Court fees and costs
5. Interest at 8%
Dated 7th March 2024
Gladstones Solicitors Limited -
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does this summary without particular name details etc work?
No! There's nothing about privacy issues except you can redact your personal information.
It is a pity you didn't come here first because Gladstones PoC are totally inadequate and the claim can be struck out at allocation stage for failing to comply with CPR 16.4(1)(a).
Too late now to worry about that. This is a SNAFU and you can only hope that you have a decent judge who will see this for what it is, a scam.
BTW, what is the reference in the WS about a hearing on 7th August 2024? -
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You mention also that you have a photo showing the permit was indeed present - have you included this as evidence?
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No, I did not send any evidence or witness statement unfortunately.
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does this summary without particular name details etc work?
No! There's nothing about privacy issues except you can redact your personal information.
It is a pity you didn't come here first because Gladstones PoC are totally inadequate and the claim can be struck out at allocation stage for failing to comply with CPR 16.4(1)(a).
Too late now to worry about that. This is a SNAFU and you can only hope that you have a decent judge who will see this for what it is, a scam.
BTW, what is the reference in the WS about a hearing on 7th August 2024?
I’ll try to post once I’m home. If I do not show up, do I just lose and pay the full amount of ~£240 + interest? I’m currently having an issue taking a day off from work tomorrow.. -
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If you don’t show up you not only lose but you could be made to pay much more for unreasonable behaviour. By showing up, you at least have a chance to win.
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As above. Although your defence might not have been presented brilliantly, you do by the sounds of it have a defence (albeit one that you haven't substantiated by presenting the evidence you do have that a permit was displayed).
Anecdotally, judges do afford a bit more leeway to litigants in person, as they realise they're less likely to be well-versed in the procedure than a solicitor would be. If you show up, they may give you more opportunity to present your case.
Take printed copies of the evidence photos you have with you. They might not let you use them, but frankly there's no harm in trying, especially as the claimant's solicitor won't be there to object. -
Agree x 1
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