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PArking CCJ over 10 in a car park

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13567…11

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  • System
    System Posts: 178,094 Community Admin
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    I have been given a court hearing date on the 30th of January, however I am not sure i this is a good or a bad thing, could someone advice if possible please.

    The set-aside puts the matter back to the initial stage and ParkingEye are pursuing you as if there was never a set aside (apart from £255 riding on it)

    The Notice of Allocation which you have received will tell you when or if the papers have to be exchanged. Usually 14 days before. You've done at statement at #16 so you can decide if that covers the matter which it should but check the working on the NoA for any court instructions
  • deshulina
    deshulina Posts: 40 Forumite
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    Thank you very much guys, for all of your help !

    This period has been so daunting and stressful for me I got signed off from work due to stress, lost two houses and am on a verge of a mental break down most days I just need this to be over !

    I am very grateful to all of you who took the time of their day to answer my question and o support me at this !
  • The_Deep
    The_Deep Posts: 16,830 Forumite
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    and stressful for me I got signed off from work due to stress

    You need to keep a sense of proportion. This is a piddling little parking ticket and the company are trying to scam you, how on earth would you be able to cope with something really dire.

    More than likely it will cost them considerably more than it will cost you, especially if the judge awards unreasonable behaviour costs against them.
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 41,355 Forumite
    First Anniversary Name Dropper First Post Photogenic
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    @TD - this is beyond a ticket, it’s a CCJ that has seemingly had a significant affect on health, credit rating and the inability to gain mortgages.

    I thought I’d precis the situation as I read it - we don’t want you to be getting overly sympathetic. :)
    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
  • deshulina
    deshulina Posts: 40 Forumite
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    Unfortunately @Umkomaas, you are exactly right and it has been very difficult for both my family and me as this happened in a very lets called it strategically planning time !

    Hopefully soon this will all be history !
  • Quentin
    Quentin Posts: 40,405 Forumite
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    Is the hearing set for January over your set aside application or a fresh claim from PE following a successful set aside application??
  • filthynines
    filthynines Posts: 20 Forumite
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    I'm afraid to say that, in my view, your application has thrown good money after bad.

    If PE turn up and contest your application then you are only likely to succeed AND get your costs if judgment is set aside as of right pursuant to CPR r 13.2. If it is discretionary (which will be the case if you cannot prove you notified PE of your change of address) and successful then PE are entitled to their costs because PE validly obtained judgment against you.

    You really should consider whether to withdraw your application. PE have some of the best processes in place to ensure their evidence is top notch ready for trial.

    It is likely to all come down to:

    a) Whether you stayed for longer than a grace period of (I believe) 10 mins.

    b) Whether there was sufficient signage to bring it to your attention.

    c) Whether the sum charged is such that it "an understandable ingredient of a scheme serving legitimate interests". £85 was found by the Supreme Court to be such an ingredient.

    You need to do a cost-benefit analysis of going forward. The deck is stacked against you.
  • deshulina
    deshulina Posts: 40 Forumite
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    I believe it has been set for January for the set aside application as it only states my case claim number at the top.
    What I found strange was that they send me a copy of my application with all the evidence but no papers from Parking eye.

    It states:

    TAKE NOTICE that the Hearing will take place on
    30 January at 2.00pm
    at........................................
    When you should attend

    And nothing more.
  • Quentin
    Quentin Posts: 40,405 Forumite
    edited 23 November 2017 at 1:48PM
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    PE may not be contesting this, though they have time yet to do so.


    (Ignore the "advice" from filthynines in #28! His only previous post in this forum was in 2015, and was not to help anyone then: http://forums.moneysavingexpert.com/showthread.php?p=68503723#post68503723)
  • Half_way
    Half_way Posts: 7,054 Forumite
    First Anniversary Name Dropper First Post
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    was it a 10 minute overstay?
    who's car park was it?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
This discussion has been closed.
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