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Fine from Civil Enforcment **HELP**

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Comments

  • kayjones83
    kayjones83 Posts: 88 Forumite
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    Hi all,


    So I have received a court date for September.


    Can I confirm the following:


    1. I have to send over my statement with evidence to the court assigned and the Claimant no later than 14 days prior to court hearing?


    2. My argument will be that there was an error with the payment machine because my registration number was printed incorrectly after having entered them it in correctly. Is there anything that I could mentioned that could help with my argument?


    3. Will I be able to request a refund for my travel as well as £95 for lost earnings if I win the case?
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    edited 6 August 2018 at 2:40PM
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    3. Will I be able to request a refund for my travel as well as £95 for lost earnings if I win the case?
    Actual cost of transport if using public transport or 45p per mile if driving. Plus your car parking charges for the day.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    You should consider asking the judge for exemplary damages due to theur unreasonable behaviour. If you have supplied proof of payent, and they have nevertheless wasted your time, then, in my opinion, they have behaved unreasonably and wasted the Court's time.

    Judges are often reluctant to award such costs, but if you do not ask !!!8230;

    Google CPR 27.14(2)(g)
    You never know how far you can go until you go too far.
  • kayjones83
    kayjones83 Posts: 88 Forumite
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    Apologies for my late reply and thank you for your advice.
    In regards to sending over my supporting evidence-is it 14 working days or just 14 days?
  • kayjones83
    kayjones83 Posts: 88 Forumite
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    I'm unable to include a witness statement as it was only me and my younger niece in the vehicle at the time.
    Would it be ok to send a brief summary about my case along with supporting evidence?
    Is it worth including any legal points?
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    Judges are often reluctant to award such costs, but if you do not ask !!!8230;


    Why do I see !!!8230? I did not type it, I am using a proper lap top.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,350 Forumite
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    kayjones83 wrote: »
    I'm unable to include a witness statement as it was only me and my younger niece in the vehicle at the time.
    Would it be ok to send a brief summary about my case along with supporting evidence?
    Is it worth including any legal points?

    In almost all private parking company court cases there's only ever one witness - that's the Defendant (so you).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • kayjones83
    kayjones83 Posts: 88 Forumite
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    *Covers face*
    @Umkomaas thank you!
  • Quentin
    Quentin Posts: 40,405 Forumite
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    kayjones83 wrote: »
    In regards to sending over my supporting evidence-is it 14 working days or just 14 days?
    The latter.
  • Coupon-mad
    Coupon-mad Posts: 131,686 Forumite
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    So I have received a court date for September.
    Let's see your WS and evidence then.

    Examples are in the NEWBIES thread second post, where bargepole already tells you in a 'what happens when' linked thread, that YOU are the witness. If you had re-read that thread you would have known that and would have seen how to write it.

    There are several WS examples there too and a short list of possible evidence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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