PE - CCJ to be set aside tomorrow

pablow33

Hi Guys
I never received any letters in 2012 as I moved address some 4 months prior to this alleged ticket, I have had a letter stating there defence and they won't be travelling the phenomenal distance of less than 20 miles from Chorley to st Helens.
I will be attending the court tomorrow with my defence that I never received no correspondence at all and the only reason I found out about this was on credit expert in june of this year.

Any more tips guys?

tykesi

Yes - don't use that as your defence. Or at least not the whole defence!

The_Deep

You may need to prove to the court that you informed the DVLA that you changed your address well before you received the parking ticket.

Coupon-mad

pablow33 wrote: »

Hi Guys
I never received any letters in 2012 as I moved address some 4 months prior to this alleged ticket, I have had a letter stating there defence and they won't be travelling the phenomenal distance of less than 20 miles from Chorley to st Helens.
I will be attending the court tomorrow with my defence that I never received no correspondence at all and the only reason I found out about this was on credit expert in june of this year.

Why pay £155 to get it set aside if you don't bother to show the court that you have a realistic prospect of successfully defending this? Surely you have at least read the Newbies thread and the Parking Prankster's Guide to Defending a PE claim, having found this forum? Please, tell us you have put a defence together at least & know about the Beavis case? It merely takes a little look on this forum to find this out, in the sticky thread for Newbies.

Read the Newbies thread post #5 (ALL links in post #5 of it only) and throw together at least a semblance of defence points to show you are not just saying 'I didn't get any letters'. You get to the Newbies thread and all the top sticky threads by clicking on 'Forum Jump' & click 'GO' - that appears twice on this page alone so you can easily hop to page one. Then start reading post #5 of the Newbies thread and make some decent basic notes of the main defence points. Among the links there is a very basic defence for urgent cases by the Prankster, so you could print that out for yourself (not with the PP heading!) so the Judge can see you have a chance.

I would also print out the Parking Prankster's link to the ParkingEye v Beavis 'application to appeal to the Court of Appeal' and tell the Judge you are asking at least for the case to be stayed pending that outcome in Feb/March 2015. You MUST have proof with you that the PE v Beavis case is going to the CoA including the case number which is on the forum when you search and on the Parking Prankster's Blogs about Parking Eye.

You MUST know about this case, just in case the Judge says 'this is all very well but I hear there's a case called PE v Beavis and I am going to follow that decision by HHJ Moloney' - you then say 'but your Honour that case is set for the Court of Appeal - here's the proof and case number. Can I respectfully request a stay of this claim pending the outcome of the CoA case and if PE lose it, an undertaking that they should pay my costs including the £155 set aside fee? PE are litigants in courts up and down the Country every day, apparently, and they rely on Beavis as their argument and admit their charges are penalties, which are not recoverable, based on case law and all relevant Consumer Law. Yet their legal reps 'forget' to mention the case has been referred to the Court of Appeal. I find this approach and the fact they haven't bothered to attend today, vexatious & unreasonable and feel (unless they ultimately win this claim) they should pay my expenses, even if the case is stayed until 2015. '

If the Judge asks if you will accept Court mediation, tell him/her about POPLA and show him/her the cases referred to POPLA (they are also linked in the Newbies thread in a letter that we advise people send to ask for POPLA instead if defending a court claim). If the Judge asks if you were driving (I don't expect they will for this type offset aside hearing) say this is 2012 and you never received any letters so it is FAR too long ago to recall, and several drivers use your car, so you cannot be sure (unless you previously appealed to PE admitting the driver).

So you intend to defend as registered keeper. If this incident was before Oct 2012 then the keeper isn't liable!

No links here - what you need is already linked in the sticky tread for Newbies - start reading.