Hi All,
This week I received a letter from the courts to say my case for a Parking infringement, the Claim has been allocated to the small claims track, The court believes the claim can be decided without need for a hearing on consideration of the documents already filed, and those directed to be filed by this order, as long as both the Claimant and Defendant agree the case will be considered by a judge and you will be notified in writing of the decision and reasons for it, you should inform the court in writing by 4pm 9 November 2020 whether you agree to the case being decided without a hearing.
Having considered the papers in your case the court believes that your case is suitable for mediation.
My questions are, the original paper work was issued 10th December 2018, I filed my defense is there a time period for this to go to court I know we are in the middle of a Global Pandemic but it's nearly 2 years since the court papers were filed.
Also I been doing some research and have found in some cases, Especially with the solicitors that are fighting me, we can challenge right of audience, which is what I'm looking at but because this is not an actual court, will I loose the right to challenge.
All help would be gratefully received, I'm at a loss as of which way to approach this, I was going for a Penalty Clause has it's a pay and display parking charge and not free parking, once again many thanks
Confused, help required
Re: Confused, help required
Let have a look at the order.
If its what I think it is, then you have 14 days to apply to set aside the order stating the court believes the claim can be decided without need for a hearing.
You want a hearing so you can defend it, - unless you are happy to file an online defence.
This a long period of time that has passed since the claim was allocated to the small track, but I am not faliliar with any rule of court that sets a time limit between allocation and the claim to belisted for a hearing or be decided without a hearing.
If you are doing research on those time limits - if any, then Civil Procedure Rule 27 is a good place to start. It sets the rules for claims and claim management in the small claims track.
https://www.justice.gov.uk/courts/proce ... les/part27
Many private parking claims fail because the claimant does not have locus standi - meaning they do not have the right to being the claim because they are not the party having made a loss arising by by the debtor parking on their land, or land managed by the claimant with an implied contract.
You need to check whether you were given a statutory notice under section 136 of the Law of Property Act 1925.
Section 136 enables a creditor or parking company to re-assign the right to a person or body (but NOT sell the debt - unless licensed for the purpose for trading in debt) to sue in the court for a debt owed by the former. But certain conditions must be met including giving the debtor a notice and the debt is not disputed.
If you get a third-party bringing a claim for a a debt on behalf of a parking company, then always dispute it on court record. The claim will be dismissed.
If its what I think it is, then you have 14 days to apply to set aside the order stating the court believes the claim can be decided without need for a hearing.
You want a hearing so you can defend it, - unless you are happy to file an online defence.
This a long period of time that has passed since the claim was allocated to the small track, but I am not faliliar with any rule of court that sets a time limit between allocation and the claim to belisted for a hearing or be decided without a hearing.
If you are doing research on those time limits - if any, then Civil Procedure Rule 27 is a good place to start. It sets the rules for claims and claim management in the small claims track.
https://www.justice.gov.uk/courts/proce ... les/part27
Many private parking claims fail because the claimant does not have locus standi - meaning they do not have the right to being the claim because they are not the party having made a loss arising by by the debtor parking on their land, or land managed by the claimant with an implied contract.
You need to check whether you were given a statutory notice under section 136 of the Law of Property Act 1925.
Section 136 enables a creditor or parking company to re-assign the right to a person or body (but NOT sell the debt - unless licensed for the purpose for trading in debt) to sue in the court for a debt owed by the former. But certain conditions must be met including giving the debtor a notice and the debt is not disputed.
If you get a third-party bringing a claim for a a debt on behalf of a parking company, then always dispute it on court record. The claim will be dismissed.
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trustdelboy
- Posts: 3
- Joined: 29 Jul 2020 13:19
Re: Confused, help required
Hi Zeke many thanks for you reply, I can't upload the order so I'll write it out lol.
District Judge L*****l has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track, This order was dated 22nd October and I got it on the 1st December, so already out of date.
THESE ARE IMPORTANT DIRECTIONS WHICH YOU MUST READ THEY INCLUDE DETAILS OF PROCEDURAL STEPS WITH WHICH YOU MUST COMPLY BY THE DATES GIVEN.
1) This claim be allocated to the (Small Claims Track ) in BOLD
The Court believes the claim can be decided without the need for a hearing on consideration of the documents already filed and those directed to be filed by this order , As long as both the Claimant and Defendant agree the case will be considered by a judge and you will notified in writing of the decision and reasons for it. You should inform the court in writing by 4pm 9 November 2020 whether you agree to the case being decided without a hearing.
2) Having considered the papers in your case, the court believes that the your case is suitable for mediation, this is a very simple process designed to give you the opportunity to resolve your dispute without having to attend a court hearing. You are therefore encouraged to contact the Small Claims Mediation Service to arrange a mediation appointment. The mediation service is FREE. Mediation appointments are conducted by telephone and so do not need involve you having to attend court, The Mediation appointment is limited to one hour, is confidential and can be done anytime up to 10 working days before the final hearing, Further information on mediation is contained in the attached information sheet or can be found at www.gov.uk. To accept the offer of this service and arrange your mediation appointment both parties should contact HMCTS by telephone on 0300 123 4593 or email scmreferrals@hmcts.gsi.gov.uk within 7 days of receipt of this order. Then it goes onto to say they'll contact me
3)The parties must carry out the steps set out in the timetable below notwithstanding the fact that either they have agreed to, or that the court has encouraged the parties to attempt to resolve the dispute by engaging in mediation via small claims mediation.
4) By 4pm 23 November 2020 you must file at court and serve on your opponent a) A written statement of any person ( including yourself)
whose evidence is relied upon in support of your case. The Statement must :
i)contain all evidence of witness
ii)be dated
iii)conclude with signed confirmation stating, " The Contents of my statement are true to the best of my knowledge and belief.
b) Copies of any documents relied upon, even if these have previously been sent to your opponent and or sent the court you are unlikely to be alloewed to rely on any document which has not been filed at court and sent to your opponent in compliance with this direction
District Judge L*****l has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track, This order was dated 22nd October and I got it on the 1st December, so already out of date.
THESE ARE IMPORTANT DIRECTIONS WHICH YOU MUST READ THEY INCLUDE DETAILS OF PROCEDURAL STEPS WITH WHICH YOU MUST COMPLY BY THE DATES GIVEN.
1) This claim be allocated to the (Small Claims Track ) in BOLD
The Court believes the claim can be decided without the need for a hearing on consideration of the documents already filed and those directed to be filed by this order , As long as both the Claimant and Defendant agree the case will be considered by a judge and you will notified in writing of the decision and reasons for it. You should inform the court in writing by 4pm 9 November 2020 whether you agree to the case being decided without a hearing.
2) Having considered the papers in your case, the court believes that the your case is suitable for mediation, this is a very simple process designed to give you the opportunity to resolve your dispute without having to attend a court hearing. You are therefore encouraged to contact the Small Claims Mediation Service to arrange a mediation appointment. The mediation service is FREE. Mediation appointments are conducted by telephone and so do not need involve you having to attend court, The Mediation appointment is limited to one hour, is confidential and can be done anytime up to 10 working days before the final hearing, Further information on mediation is contained in the attached information sheet or can be found at www.gov.uk. To accept the offer of this service and arrange your mediation appointment both parties should contact HMCTS by telephone on 0300 123 4593 or email scmreferrals@hmcts.gsi.gov.uk within 7 days of receipt of this order. Then it goes onto to say they'll contact me
3)The parties must carry out the steps set out in the timetable below notwithstanding the fact that either they have agreed to, or that the court has encouraged the parties to attempt to resolve the dispute by engaging in mediation via small claims mediation.
4) By 4pm 23 November 2020 you must file at court and serve on your opponent a) A written statement of any person ( including yourself)
whose evidence is relied upon in support of your case. The Statement must :
i)contain all evidence of witness
ii)be dated
iii)conclude with signed confirmation stating, " The Contents of my statement are true to the best of my knowledge and belief.
b) Copies of any documents relied upon, even if these have previously been sent to your opponent and or sent the court you are unlikely to be alloewed to rely on any document which has not been filed at court and sent to your opponent in compliance with this direction
Re: Confused, help required
Make a witness statement and an exhibit with all documents you want to use in your defence.
You must give a copy to the claimant and to the court no later 23 November 2020 4pm.
You must give a copy to the claimant and to the court no later 23 November 2020 4pm.
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trustdelboy
- Posts: 3
- Joined: 29 Jul 2020 13:19
Re: Confused, help required
Hi Zeke
I just thought I would give you an update on this, we got a letter off their solicitor offering a reduced amount if we were to settle rather than go to court, £160.00 was there offer lol, well after a few emails back and forth with their Solicitor, explaining this is a Pay and display dispute so them Quoting Bevies v Parkingeye is in fact irrelevant, as the Judge in that case said that the charges didn't constitute a penalty charge and therefore allowed the judgement.
I explained that their offer of £160.00 for a parking charge of £3.50 can in fact be seen as a Penalty charge and is not enforceable in a court of law obviously email tennis started, but today we got a email from them Stating that they had filed a Discontinuance Notice that had been filed with the Court, (hahahaha In ya Face Gemini) many many thanks this site is awesome, reading some cases and doing Research takes the fear away, for that I'll be truly Grateful
I just thought I would give you an update on this, we got a letter off their solicitor offering a reduced amount if we were to settle rather than go to court, £160.00 was there offer lol, well after a few emails back and forth with their Solicitor, explaining this is a Pay and display dispute so them Quoting Bevies v Parkingeye is in fact irrelevant, as the Judge in that case said that the charges didn't constitute a penalty charge and therefore allowed the judgement.
I explained that their offer of £160.00 for a parking charge of £3.50 can in fact be seen as a Penalty charge and is not enforceable in a court of law obviously email tennis started, but today we got a email from them Stating that they had filed a Discontinuance Notice that had been filed with the Court, (hahahaha In ya Face Gemini) many many thanks this site is awesome, reading some cases and doing Research takes the fear away, for that I'll be truly Grateful