Private Parking Charge- received late

waamo

snappyandrew wrote: »

One more fly in the ointment.
My wife is the owner of the vehicle and works in a job where she won't be able to take the time off if and when it goes to small claims. I have read that she must be there in the small claims court.
I work for myself and can go to court but am not the owner.
Does this alter my options?

The owner is irrelevant. Who is the registered keeper?

snappyandrew

My wife is the registered keeper

waamo

The person named on the claim form must attend. They can have someone speak on their behalf but they must attend.

snappyandrew

oh dear. So I cannot see way round this. I know that won't be possible. I see no other options. Does anyone else?

waamo

snappyandrew wrote: »

oh dear. So I cannot see way round this. I know that won't be possible. I see no other options. Does anyone else?

Worst case scenario is you can ask for a hearing on papers only. Not ideal but at least you put a written argument forward. You may well be successful in arguing down costs if nothing else.

They almost invariably artificially inflate costs. See the abuse of process examples.

Quentin

snappyandrew wrote: »

oh dear. So I cannot see way round this. I know that won't be possible. I see no other options. Does anyone else?

What would happen were she summonsed to magistrates court eg as a witness?

snappyandrew

so in that case I would be paying more than the £100 fine?
I don't think I can afford that outcome.

Any ways to get round this issue, otherwise I'm up the Swanee

waamo

Read this https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

If they put a claim in ask for it to be thrown out

snappyandrew

Ok to clarify again
My wife is the registered keeper
She won’t be able to attend hearing
My thoughts are that not all judges will behave in the same manner and I might end up paying more than the £100 they are after.
Looks to me that we’re going to pay here unless I have missed something

waamo

snappyandrew wrote: »

Ok to clarify again
My wife is the registered keeper
She won’t be able to attend hearing
My thoughts are that not all judges will behave in the same manner and I might end up paying more than the £100 they are after.
Looks to me that we’re going to pay here unless I have missed something

You are assuming a claim is going to go in. That's a long way off yet, if it ever happens.

There is no advantage in paying now as costs are fixed. It will be the same now as on a genuine Letter Before Claim. There is no point rushing in to paying. You may as well see what they do.