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  • FIRST POST
    • Harper1203
    • By Harper1203 23rd Feb 17, 12:16 PM
    • 7Posts
    • 4Thanks
    Harper1203
    Stressing
    • #1
    • 23rd Feb 17, 12:16 PM
    Stressing 23rd Feb 17 at 12:16 PM
    Hi, I wonder if you can help. I have had a parking fine from a private site. Unfortunately, I did ignore the first couple of letters, as they arrived 2 months after the stated date, I thought it was a joke as the paperwork was so shoddy, looked like something created at home. I did receive a letter from Northants County Court and after advice from CAB I did declare that I was the owner of the car but at that specified date I was not the driver, transferring responsibility and naming the driver. I have heard nothing for two months and assumed, silly me, that it was resolved. However, today I have received another letter stating that I now owe 353.02. I had not been advised of a court date but am now looking at a CCJ. What should I do? Any help is really appreciated TIA.
Page 2
    • Saggi1975
    • By Saggi1975 23rd Feb 17, 11:32 PM
    • 23 Posts
    • 28 Thanks
    Saggi1975
    no problem with what YOU posted on this thread

    I quoted a newbie who has also opened their own thread but has posted on this one without adding anything useful to help the OP

    when people post in a thread, the aim is to help the OP, which I believe you did or you hoped to do , so my reply was never aimed at you nor did I quote you in my reply either
    Originally posted by Redx
    Thanks and sorry!
    • Coupon-mad
    • By Coupon-mad 24th Feb 17, 12:07 AM
    • 45,820 Posts
    • 58,802 Thanks
    Coupon-mad
    Stick around please, Saggi1975!

    Let's not get ahead of ourselves here ... this OP followed bad advice (however well intended) and "knowingly" ignored court papers. As such there may be more difficulty in getting a judge to agree that a set-aside is warranted. It's quite a different scenario to Saggi's.
    Yes, spotted that and not responding to court forms was a bad mistake.

    But - it is explainable and it is CEL so a real defence flows fairly easily off the tongue even for a newbie! And Saggi's case demonstrates what to take to court by way of defence & arguments about CEL not being able to even hold a keeper liable, to show the Judge you have very good chances of successfully defending the charge. And the defendant acted very quickly when the CCJ letter arrived (which the OP was not expecting) so they could argue it is in the interests of justice that a registered keeper is not stuck with a CCJ arising from a claim which:

    (a) disclosed no reasonable grounds for bringing or defending the claim;
    (b) is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; and
    (c) demonstrated a failure to comply with a rule, practice direction or court order.
    (d) failed to comply with CPR Part 16 and failed to show any cause of action, contract or liability on the part of a registered keeper
    (e) was filed by a parking operator which does not use the only statute which would allow a keeper to be pursued.
    (f) failed to evidence how a parking charge which the BPA Code of Practice sets a ceiling for, of not more than 100, has escalated to a brazen attempt at triple 'recovery' reaching 353.02 despite the POFA also stating that a keeper can only be pursued for the sum on the Notice to Keeper (double recovery not being allowed).


    The OP needs to know that a set aside decision is up to the Judge, so not 100% guaranteed to be granted, but isn't just about saying a claim was never received (which was the case for Saggi); the Judge will want to know that in the interests of justice, this unrepresented defendant should be heard if the OP can show (like Saggi did) that CEL have actually filed a claim based on no evidence or cause of action whatsoever.
    Last edited by Coupon-mad; 24-02-2017 at 12:10 AM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • DoaM
    • By DoaM 24th Feb 17, 10:48 AM
    • 2,271 Posts
    • 2,256 Thanks
    DoaM
    I agree entirely ... I just wanted this OP to be aware that the set-aside needs to be carefully crafted, and not simply do a copy/paste of Saggi's.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Coupon-mad
    • By Coupon-mad 3rd Mar 17, 4:48 PM
    • 45,820 Posts
    • 58,802 Thanks
    Coupon-mad
    Thanks I'm going to have a look now.
    Originally posted by Harper1203
    You haven't gone and paid them have you?

    A set aside is the best action in most cases, then you can defend and win without any CCJ hanging over your head. BUt you MUIST act speedily to show the Judge at the set aside that you acted quickly, had reasons why you didn't respond to the claim and have very good prospects of defending the claim.


    So in reality I'm stuffed and am going to have to pay the fine?
    Far from it, CEL are beatable in court. We have never lost one and you really would have seen this off fairly easily had you come here first.

    DO NOT reply to any pm from some poster offering a way to 'help', unless they have well over 1000 posts to their name.
    Last edited by Coupon-mad; 03-03-2017 at 4:50 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Coupon-mad
    • By Coupon-mad 3rd Mar 17, 4:50 PM
    • 45,820 Posts
    • 58,802 Thanks
    Coupon-mad
    Thanks I'm going to have a look now.
    Originally posted by Harper1203
    You have disappeared for a week...You haven't gone and paid them have you? A set aside is the best action in most cases, then you can defend and win without any CCJ hanging over your head.
    So in reality I'm stuffed and am going to have to pay the fine?
    Far from it, CEL are beatable in court.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Timtay
    • By Timtay 8th May 17, 6:23 AM
    • 14 Posts
    • 1 Thanks
    Timtay
    Hi saggi .
    Can you send me the details so i can at least see how i set it out regarding my case.
    How do i contact you so i can pass on my number or email address.
    Its just so i know what goes where and so forth.
    It's so much more professional if its set out how they like it rather than here and there.
    • Timtay
    • By Timtay 8th May 17, 7:35 AM
    • 14 Posts
    • 1 Thanks
    Timtay
    Hi saggi .
    Can you send me the details so i can at least see how i set it out regarding my case.
    How do i contact you so i can pass on my number or email address.
    Its just so i know what goes where and so forth.
    It's so much more professional if its set out how they like it rather than here and there.
    • Umkomaas
    • By Umkomaas 8th May 17, 8:09 AM
    • 12,640 Posts
    • 19,430 Thanks
    Umkomaas
    Saggi hasn't been back to the forum for a few weeks, maybe will not come back again. You'd be best to send him/her a PM (click on their user name to provide access), they should get an email to say you are trying to make contact.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    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.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Timtay
    • By Timtay 19th May 17, 8:08 AM
    • 14 Posts
    • 1 Thanks
    Timtay
    how to start a defence
    Saggi1975 has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her.

    If you are trying to send this message to multiple recipients, remove Saggi1975 from the recipient list and send the message again.
    • pogofish
    • By pogofish 19th May 17, 11:01 AM
    • 7,003 Posts
    • 6,982 Thanks
    pogofish
    Saggi1975 has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her.

    If you are trying to send this message to multiple recipients, remove Saggi1975 from the recipient list and send the message again.
    Originally posted by Timtay

    Just to remind Saggi that you should never enter into contact of any kind off-forum with anyone other than a small number of well-established regulars with a proven track record and high post counts.

    A one-month Newbie, soliciting contact against clearly agreed forum rules is just too suspicious!

    PPCs do trawl these forums and have tried to identify posters or trick them into handing-over case information and contact details for for further harassment.
    • pogofish
    • By pogofish 19th May 17, 11:04 AM
    • 7,003 Posts
    • 6,982 Thanks
    pogofish
    Hi saggi .
    Can you send me the details so i can at least see how i set it out regarding my case.
    How do i contact you so i can pass on my number or email address.
    Its just so i know what goes where and so forth.
    It's so much more professional if its set out how they like it rather than here and there.
    Originally posted by Timtay

    You clearly agreed to not hijack other peoples threads and not solicit contact-off board.

    What is your reason for going against this?
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