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Small County court defence template - Private Parking ticket

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  • Raja24
    Raja24 Posts: 38 Forumite
    10 Posts Name Dropper
    Went for hearing today. The judge didn't strike off the case and has booked it in for final hearing. He suggested the case has 60-70% chance of succeeding against me and suggested to potentially resolve this if possible (obviously he was careful wording these) so I'm looking to make a counter offer of £65 to the email they sent me on 1st October 2024. Below is the their email with my correspondence. Please let me know if this reads ok ?

    Please find attached our Witness Statement, with regards to the above.

     

    The amount claimed is £299.75 including interest, court and legal fees) however, unless matters are resolved within the next 7 days, we will be forced to incur further legal costs for preparation, attendance and travel, which we will seek to recover at the upcoming hearing. 

     

    Notwithstanding the above, we are prepared to accept £135 in full and final settlement, if paid within the next 7 days. Payment can be made via our website (www.ce-service.co.uk). Please note that you will need to quote your PCN number to do this (see above).

     

    Furthermore, please note that Scott Wilson will not be attending the hearing. A representative from the company or Counsel, will be attending on our behalf.  We confirm that we have notified the Court of the same.

     

    Yours faithfully,

     

    Legal Team

     

    For and behalf of

    Civil Enforcement Limited


    My response 


    Dear [Recipient's Name],


    I hope this message finds you well.


    Thank you for your ongoing efforts in reaching a resolution. In the spirit of collaboration and fairness, I am willing to compromise and settle at £65.


    I hope this meets with your approval, and I look forward to your response.


    Best regards,

    [Full Name]

    [Contact Information]


  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Nobody here would tell you to make a counter offer just because a (probably) rookie Judge who only evaluates cases, doesn't know how full hearings go.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Raja24
    Raja24 Posts: 38 Forumite
    10 Posts Name Dropper
    He said judge is not obliged to follow another country court ruling as they both are on same level. If they judgements are from an appeal court or higher courts the judge is more obliged to follow them as the hearing is from a more senior judge 
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Raja24 said:
    He said judge is not obliged to follow another country court ruling as they both are on same level. If they judgements are from an appeal court or higher courts the judge is more obliged to follow them as the hearing is from a more senior judge 
    Yes we know that.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Raja24
    Raja24 Posts: 38 Forumite
    10 Posts Name Dropper
    Hi everyone,

    I've got a final hearing tomorrow but it's snowing and roads in my area seem dangerous to drive. I will call the court tomorrow to reschedule the hearing. Is the court likely to accept this request ? If they don't reschedule and I don't turn up is the case likely to go against me ?  

    Thanks,
    Raja 
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Raja24 said:
    Hi everyone,

    I've got a final hearing tomorrow but it's snowing and roads in my area seem dangerous to drive. I will call the court tomorrow to reschedule the hearing. Is the court likely to accept this request ? If they don't reschedule and I don't turn up is the case likely to go against me ?  
    Yes it might go against you.

    Attend if it is safe to do so. Set off early.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Raja24
    Raja24 Posts: 38 Forumite
    10 Posts Name Dropper
    Is requesting the hearing online a viable option or would that dent my chances also ? 
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Too late for that.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Raja24
    Raja24 Posts: 38 Forumite
    10 Posts Name Dropper
    In the worst case scenario if I loose the case, would I get a CCJ ? If so, is it easy to remove the CCJ by paying the amount quickly ? 

    I know most such cases don't stand but I need to be prepared just in case 
  • Coupon-mad
    Coupon-mad Posts: 152,567 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 November 2024 at 2:36AM
    No CCJ if you pay within 30 days.

    Think about it: of course there is no CCJ risked on the day otherwise we'd never tell people to defend. We don't risk people's credit ratings.

    But you must go to the hearing, if the weather is safe enough to travel. Go early.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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