ParkingEye set aside judgement HELP Had problems in court today. Please help.

joshfsc

Dear all,

Thank you to Anonymous (retired solicitor) who has recommended I come on here to seek advice and help from the kind people of this forum. Below is my story in brief:

I performed a credit check on myself last month to find a CCJ from ParkingEye via Northampton County Court. At my horror, with the fear of losing my job as a Financial Advisor (not allowed such issues on my file), I contacted the court to see what on earth was going on.

Turns out 6 months ago I had parked in a car park for longer than 3 hours and received a parking ticket (not on windscreen but through the post). I had however recently moved address and therefor did not receive the initial parking ticket letter. Nor the final reminders or Court summons that followed. As a result a CCJ for £165 was on my file thanks to ParkingEye Ltd.

I immediately rang ParkingEye and paid the fine so as to get them to apply to the courts that it has been 'satisfied'. At the same time with the advice of my local court I completed an N244 form to Set Aside the Judgement. This has all been within the last month.

In the meantime Parking Eye then sent me a confirmation email from their Enforcement team stating the matter was settled, payment received and gave me a reference for receipt of payment. They state They can now confirm the matter as 'satisfied in full, and no further action will commence in relation to this matter.'

Today i ventured in to my local Crown court for my appointment that was arranged for my hearing to set aside judgement. The judge was every so unhelpful and has now adjourned the case for two weeks requesting i get a solicitor. He stated he could not set aside the judgement and that i needed legal representation.

This is completely against the advice of his supporting team who asked me to do the N244 in the first place.

Please remember, I understand it is my fault I got the ticket, I understand I should have informed dvla of new address, however the car was up for sale at this time and sold very shortly afterwards so it never crossed my mind. Eitehr way, I NEVER received a single communication and was compeltely oblivious to the offence and CCJ being placed against me.

I am now awaiting another hearing in the next 2/3 weeks and am lost as to what to do. It appears the court did not have the communication from Parkingeye regarding them being satisfied which did not help my case, I was however of the understanding they would have everything they needed so I did not take a copy with me.

Any help would be really appreciated, during the case the judge presented me with some paperwork from Anonymous who had kindly sent it in to the judge asking him to look at different cases showing how ParkingEye had acted illegally and lost their cases. Unfortunately this did not help and made things a little worse as the judge was confused how i was not aware of this lady or paperwork. I am however of course grateful for her time and support, considering she is now a retired solicitor with no idea who i am!

Please help, my job and family are at stake here.

Regards
Josh

Stroma

Why is he saying you need legal representation for this? And this was crown court ? Some of the other guys will have suggestions and help

bod1467

Please edit your post to remove the name of the retired solicitor (unless you have been given permission to post the name). This person may be one of the "fax elves" who send in Amicus Curiae files for cases that appear on CourtServe.

joshfsc

*Edited.. thanks.

Yes this was Dartford Crown Court and the incident was in Crayford Car Park where macdonalds is.


Any help really appreciated.

Stroma

I'm not conversant in setting aside judgements, but there are people on here who are, if you can wait for someone to turn up you will get help. I still can't fathom why the judge is saying to get legal help. I went to see a solicitor today on a different matter and he charges £200 an hour, so if that's typical it will mean it will cost you a fortune. This I'm sure you don't need

salmosalaris

Oops wrong thread

SevenTowers

joshfsc wrote: »

*Edited.. thanks.

Yes this was Dartford Crown Court and the incident was in Crayford Car Park where macdonalds is.


Any help really appreciated.

Have sent you a PM

Buzby

I cannot see what benefit a Set Aside will bring - and I'm sure this is the reason the judge tried to guide you. The set aside does one thing, and one thing only - it re-runs the case.

However, you paid the claim therefore admitting the claim made against you, so the result cannot be any different. If you were assuming that the case would be re-run, and because you paid the CCJ would disappear - nope. That's an abuse of process and I've seen judges get very annoyed when they believe this is what is bring attempted.

The CCJ being settled is the best you'll get - just check that it has been correctly recorded as such. Could could have justified a rerun on the basis of not being able to defend the original case, but the settlement ended that option.

esmerobbo

I believe the problem you have is by paying it if the Judge set it aside PE would have to pay you back and if they wish reissue the claim.

kirkbyinfurnesslad_2

This wasnt the crown court it was the county court

Your CCJ will not be set aside now you have paid. You wont suceed in your set aside application

Your CCJ will now stay on your credit file for 6 years and will be marked as satisfied

Coupon-mad

Your mistake was to pay. An application to set aside the judgment would have been the answer, but NOT paying it first! Do not throw more good money after bad by paying a solicitor for a lost cause. Should never have paid (I also used to be a financial advisor and of course you don't PAY - effectively accepting liability - if you intend to get a judgment set aside!). Presumably you've also paid silly money for the SAJ?