Forum Home» Motoring» Parking Tickets, Fines & Parking

Small Claims Court Letter - N.Ireland. - Page 11

New Post Advanced Search

Small Claims Court Letter - N.Ireland.

edited 27 September 2018 at 3:38PM in Parking Tickets, Fines & Parking
120 replies 5.8K views
1678911

Replies

  • Adjourned - The PPC's legal people have to explain why they can pursue me under the rule of agency...something along those lines.
  • beamerguybeamerguy Forumite
    15.2K posts
    Tenth Anniversary 10,000 Posts Photogenic Name Dropper
    ✭✭✭✭✭
    Adjourned - The PPC's legal people have to explain why they can pursue me under the rule of agency...something along those lines.

    Interesting, I may have missed it but who is the legal ??
    RBS - MNBA - CAPITAL ONE - LLOYDS
    DISGUSTING BEHAVIOUR
  • It sounds like they are attempting to use AJH Films?

    OP can you find out if they are trying to say that you were "in charge" of the vehicle, so whoever parked you are responsible - they were acting as your agent. That is the premis of AJH Films, an employee was acting on the instructions of his employer (agent).

    If this is the route they are pursuing, there are plenty of court cases here - so persuasive but not precedent, of AJH being thrown out in private cases, as the keeper is not the "agent" of the unknown driver on the day.

    Paul
  • Their company representatives were in court, not solicitors. Had 3 in Court including me, 2 settled...seems I'm the first to dispute in front of a (very nice and a very fair) judge. The specifics of the case are messy to say the least.

    Adjourned for 12 weeks, does that mean their lawyers write (maybe) to the judge and try and explain this before a ruling?

    I'm unsure if this is positive or not, the fact I've no other action to take is quite a weight off my shoulders. Stressful situation.
  • Did you see their defence? Did it mention AJH and law of Agency?
  • Nope. The judge was surprised (as was I) that they didn't have solicitors in Court.

    Think they were expecting me to bend over and admit liability for something there is no proof of.

    The law of agency thing came via telephone advice from a solicitor etc.
  • CastleCastle Forumite
    2.8K posts
    Sixth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    If this is the route they are pursuing, there are plenty of court cases here - so persuasive but not precedent, of AJH being thrown out in private cases, as the keeper is not the "agent" of the unknown driver on the day.
    Launchbury v Morgans from the House of Lords in 1972 would still be binding on Northern Ireland courts.
  • edited 30 October 2018 at 4:34PM
    MercurialNo.10MercurialNo.10 Forumite
    63 posts
    edited 30 October 2018 at 4:34PM
    Castle wrote: »
    Launchbury v Morgans from the House of Lords in 1972 would still be binding on Northern Ireland courts.

    The ruling being in my favour?
  • CastleCastle Forumite
    2.8K posts
    Sixth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    The ruling being in my favour?
    Yes...
    http://www.bailii.org/uk/cases/UKHL/1972/5.html
  • SystemSystem
    177.8K posts
    10,000 Posts Name Dropper
    ✭✭✭✭✭✭
    60. In any event, vicarious liability cannot be fixed in this instance. The Defendant draws the Court’s attention to Launchbury v Morgans [1972] UKHL 5:

    “For I regard it as clear that in order to fix vicarious liability upon the owner of a car in such a case as the present, it must be shown that the driver was using it for the owner's purposes, under delegation of a task or duty”

    So the issues are narrow down to them proving this ... or just using the court to bully people. If you can, get lots of costs out of them. Judges have memories so this may be a legal "smash and grab" and you are an early victim. So the more you can queer their pitch, the better.
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support