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04/04/2025
The Claimant’s car was clamped, seized and sold by an enforcement agency (D2) instructed by a city council (D1). The Claimant had bought the car without notice of a penalty charge notice. Seeking to enforce the debt on the PCN, D2 clamped, seized and later sold the car on D1’s behalf. The Claimant provided documents to the defendants to prove her ownership but her claim was not accepted by either defendant. The Claimant was compelled to issue a court claim. Both defendants resisted liability strenuously until the day of trial, pleading immunity from the claim through their alleged compliance with the Tribunals Courts and Enforcement Act 2007 Schedule 12.
Alex, instructed pro bono by Advocate, advised and represented the Claimant at an Early Neutral Evaluation hearing in December 2024 and at the trial in April 2025. After exchange of skeleton arguments, both Defendants sought a settlement at court on the day of trial and accepted the Claimant’s ‘take it or leave it’ offer.