Victory Against Unfair Parking Fines: Our Client Wins and Recoups £2706.28 in Costs
We are thrilled to announce another victory for our client in the County Court at Croydon. Our former client, referred to as the Defendant, was facing multiple parking charge notices issued by Capital Car Park Control Limited (CCPC). CCPC claimed that the Defendant was liable as a tenant. Initially, the Defendant intended to defend the claim, but due to a family issue, they were unable to file a defence, resulting in a default judgment being obtained against them. In this difficult situation, the Defendant approached Contestor Legal Services
Through our thorough investigations, we uncovered crucial facts that undermined CCPC's claim. Firstly, the Defendant's tenancy agreement explicitly granted them the right to park without fees or permits. Additionally, CCPC failed to serve the necessary notices to the keeper within the required 14-day period. Furthermore, we identified that the particulars of the claim were defective as they did not comply with CPR 16.4(1)(e) and Practice Direction 16.7.5. The claim did not specify the conduct relied on to establish a breach, such as who committed the alleged breach and when/where it occurred.
Due to the restrictions under the Legal Services Act, we advised our client to instruct our esteemed solicitor partners, Lawrence and Associates Solicitors, for a set aside application, strike out, and summary judgment. The default judgment was successfully set aside by consent order. Subsequently, our client made an application to strike out under CPR 3.4(2)(a) and 3.4(2)(c), as well as a summary judgment under CPR 24.4. Mr Jackson Yamba, acting on behalf of Lawrence and Associates Solicitors, represented the Defendant.
We are proud to announce that the Court agreed with the Defendant's arguments. It determined that there was no course of action against our client as a tenant, as their tenancy agreement was not amended to reflect the terms and conditions of the car park. Additionally, the Court found that the particulars of the claim did not comply with CPR 16.4(1)(e) and Practice Direction 16.7.5. Recognising the breach of rules, the Court struck out the entire claim and granted summary judgment in favour of our client. Furthermore, CCPC has been ordered to pay our client's costs, totalling £2706.28.
This significant victory highlights our ability to efficiently review cases and provide real guidance to our clients. We not only identify factual deficiencies but also uncover legal and procedural flaws. Our client successfully defeated this unwarranted claim at an early stage through a robust application of the Civil Procedure Rules. At Contestor Legal Services and Lawrence and Associates Solicitors, we are committed to fighting for justice and protecting the rights of tenants.