County court judgment against the wife over a year old

hoohoo

You are overthinking this. At the rehearing parkingeye will give you a copy of the NTK, which will state the parking times. At this point you will know whether it is likely a double dip occurred.

Here is a link to a document you should file as evidence.

This is an agreement between the BPA and DVLA.

Basically, the parking company should have traced your address before going to court, not after, for these reasons.

County Court Pre-Action Protocols dictates that appropriate action should be
taken to ensure an individual is written to at the correct address, Using a CRA
enables operators to do this, offering the chance for more cases to be resolved
prior to Court action.
3. Would reduce the number of keepers receiving a CCJ against them ‘by default’
because they had moved and were unaware of the debt collection process
4. Would reduce added costs to the debtor of the debt collection process as matters
could be resolved earlier in the process
5. Best practice for the industry – a number of ATA complaints relate to keepers not
receiving all the appropriate documentation from operators and households
receiving documentation for keepers who no longer live there
6. Less County Court Claims would be issued, therefore reducing the potential
workload of the County Courts.

ParkingEye will argue the opposite, but this document proves they are not following the agreed procedure.

To get costs back if you use POPLA, you should ask the judge to make that a condition of the POPLA result. Then if you win, PE should either pay up, or you can take out a CCJ against them.

mrelliott

thanks HooHoo, we just got the date for the set aside hearing and now im preparing a letter/response i.e reasons why the case should be set aside. that link you provided can you direct me to where you got that from as i think it would be very useful, to present it to the judge. Also do you have any advice how to sway the judge in our favor?
thank you.

bod1467

Check this if you haven't seen it already.

https://forums.moneysavingexpert.com/discussion/5152671

mrelliott

yea read that already, boost confidence but doesn't really help me!
i'm after a step by step guide to the set aside process. i.e can we produce extra information regarding the issuing of ccj , extracts from BPA rules in regards to taking people to court, and the courts pre action protocols.
thanks.
chris

mrelliott

also can somone point me in the right deirection to read up on the Beavis vs parkingeye, case number 20142010, i see it mentioned alot and ive read a fair bit but enough detail. we will be asking for the defense to be delayed until then. thanks

bod1467

http://www.parking-prankster.com/resources.html
http://www.parking-prankster.com/court-cases.html

A couple of links to look at. PE vs Beavis is also covered in Pranky's blog.

http://parking-prankster.blogspot.co.uk/

hoohoo

mrelliott wrote: »

thanks HooHoo, we just got the date for the set aside hearing and now im preparing a letter/response i.e reasons why the case should be set aside. that link you provided can you direct me to where you got that from as i think it would be very useful, to present it to the judge. Also do you have any advice how to sway the judge in our favor?
thank you.

This was FOI 3998 from the DVLA.

This was circulated around the parking companies by the BPA in early 2014, and responsible parking companies started to use TRACE services in May of 2014.

mrelliott

Am I right in thinking that at a set aside hearing, if it's allowed does that remove the ccj ? If so what's the process to ensure it has been removed?
Thank you.

bod1467

http://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/set-aside-a-judgment

Not sure, but that seems to suggest the CCJ is removed from the register once the set-aside is granted. And then the claimant must restart the claim if they wish to get the judgement again.

mrelliott

Thanks bod 1467, yea that's what I understand so far. Still a bit confusing. Got home from work today and parkingeye have sent a copy of their witness stament/defence. I have loads of questions about it I'd like to ask, as I think they have included information that I haven't seen reference to. I'll start a new post when I've written them all up . Thank you.