Car Park Services - Letter from small claims court - Northern Ireland

drayid

Do you needthe rrst

Grizebeck

You should see my advice on how to defend such a claim 

drayid

Grizebeck said:

You should see my advice on how to defend such claim

I am writing to contest the claim against me regarding an unpaid parking fine from [Date]. I acknowledge that the parking incident in question did occur, but I must emphasize that, in Northern Ireland, the driver is legally liable for parking offenses, not the registered keeper of the vehicle. 

At the time of the alleged offense, I am unable to definitively identify the driver of the vehicle. It is not uncommon for multiple individuals to have access to a single vehicle, and I do not have concrete evidence to establish who was driving on that specific occasion.

I kindly request that the claimant provide evidence that conclusively identifies me as the driver at the time of the incident. Without such evidence, it is not appropriate to hold me personally liable for this parking fine.

I am committed to resolving this matter fairly and in accordance with the law, and I am willing to cooperate fully with any requests for information or evidence related to this case. However, it is crucial to uphold the legal principle that the driver, not the keeper, is responsible for parking offenses in Northern Ireland.

I look forward to a prompt and just resolution to this matter.

Sincerely,

X

drayid

I was going to expand it with
In addition to the fundamental legal principle in Northern Ireland that the driver, not the vehicle's keeper, is liable for parking offenses, it's important to note that the case of Bevis is a relevant legal precedent that should be considered if this matter were to proceed to court.I would like to emphasize that my primary objective is to resolve this matter outside of court, if possible. However, in the event that it does progress to court, I believe it is essential to keep in mind the principles established in the Bevis case. This case serves as a valuable precedent regarding the reasonableness of parking fines and whether they are proportionate to the nature of the offense.The application of the Bevis case would only need to arise if this dispute were to proceed to court. At this point, it becomes crucial to examine the fairness and reasonableness of the claimed fines in light of the legal principles outlined in Bevis v Secretary of State for Transport [2015] UKSC 67.I am not contesting the validity of the parking regulations or the need for enforcement. However, I firmly believe that any penalty imposed should be proportionate to the offense committed. I remain committed to addressing this matter in a just and lawful manner, and I hope that it can be resolved amicably without the necessity of court proceedings.Sincerely,

Coupon-mad

alleged offense = 'alleged parking event'.

At this point, it becomes crucial to examine the fairness and reasonableness of the claimed fines in light of the legal principles outlined in Bevis v Secretary of State for Transport [2015] UKSC 67.

No such case!  That's incorrect.

Why aren't you saying anything about the signs and denying that a contract was formed with the driver?  As I said in my advice that's a fundamental response to any claim (even in NI) where it depends upon contract law.

And you do not end a defence with this:

"I look forward to a prompt and just resolution to this matter.

Sincerely,"

If this isn't your thread, please start your own.

Coupon-mad

Mspx this is your thread.  If the above is what you've got, it is clear you must respond, and how to do it.

The obvious defence points are about unclear signage and no keeper liability.

Grizebeck

You need to be more assertive about the driver issue 

Mossfinn

Firstly both of you should seek legal advice. 

With Mspx, is there a second page? It looks like this is a notice of a claim against you and there should be an explanation of how you can respond ie agree or disagree. You can see on Drayids letter a link on how he can respond. 

Small claims is different to county court. I have an uncle who when he gets bad service or shoddy goods, he slams in a case in the small claim tribunal. It’s cheap and easy. He wins a lot simply by default. If you do not defend or turn up, the case isn’t heard, it automatically defaults to the party filing. 

Just respond with a decent defence and , on the balance of probability, the judge will decides. Lawyers don’t attend. 

pinkcat1020

Was there an outcome to this case? I am in the same position court date as been assigned for the 12th of December I am disputing as I was not the driver but very worried as I’ve never been to court before and not sure I will be able to defend myself well enough it’s giving me a lot of anxiety. 

Umkomaas

pinkcat1020 said:

Was there an outcome to this case? I am in the same position court date as been assigned for the 12th of December I am disputing as I was not the driver but very worried as I’ve never been to court before and not sure I will be able to defend myself well enough it’s giving me a lot of anxiety. 

Do you live in Northern Ireland?