County court judgment against the wife over a year old

bod1467

Please don't start a new post - keep everything together here.

patman99

As one of your posts mentions a restriction on the land used as a car park, I would be bringing this to the attention of the Council planning officer as a breach of planning.
If you want to cause even more hassle , then send a letter to the business rates dept. of HMRC enquiring as to the rateable value of the car park as if it is zero-rated for free parking, then as there is an intention to charge for parking beyond a certain time limit, they may wish to review the tax rating.

mrelliott

As I mentioned , parkingeye have sent their witness statement through last night,and there's a few things mentioned in !it that I would to hear people's opion on.

Firstly they have included a copy of the signs they display throught the car park. It is different from the ones that are on display today, only minor details like opening hours at the weekend and the small print. Neither of wich directly effects our case but are definitely different then the ones there today. So my question is can I use this in any way? As I say the times don't effect our case but surely using standard photos of the sign and relying on them in court and stating that it reflects a true representation can't be allowed can it ? They also state that all their signs follow BPA approved standards. I know I've read differently, there are a few things they don't comply with. They also explain why they can !put them at a particular height, !that's different from standard road signs. So I was hoping somone could direct me to some evidence to show otherwise. Also shows No grace period on the signs?

A subject I've touched on before. They say they have done everything correctly they, emphasis this time and time again throught their witness stament, because my wife never recieved a single piece of coraspondence from PE she wasn't able to apeal. I feel I need plenty of evidence that supports the fact that PE acted unreasonably by not confirming with the DVLA that she no longer lives at the correct address. They state they don't have to ,as they will incur more financial loss if they lose. They also state that they finally contacted my wife with credit reference agency voluntarily they were not obliged to. They say they have only just recieved the power to use a CRA and so did so as soon as possible. !It was almost a whole after the default judgment !they did so? so do you need authority to do a credit check? !If so how much ? As I said they keep mentioning how they did everything right and my wife "chose to ignore,did not reply did not apeal " so I think it would help if I could find some that states that they should of tried harder to trace my wife sooner.

!Its my understanding that both parties should !!do as much as resonable to avoid court. I feel PE have not done this.

!I have /will ask for the judge to refer this to popla, !they claim popla will not be suitable, especially as I haven't apeled directly to them in the correct time scale. I made reference to case 3jd00791 , which the judge agreed to put the case aside and allow popla to review, but PE claim it can't be done? So are they correct?

also they list quite a few cases in their defence that I haven't yet been able to find more information about yet , I'll list in a bit.

As Parking prankster has noted they heavily rely upon the Beavis !case coming up. Parking prankster has kindly construction a defence for a lot of the reference PE refer to in this case, which I'll be relying upon.

sorry for the amount, bad grammar and punctuation I'm stuck at work on my phone!

Thanks for reading

Coupon-mad

Bumping it as I am at work but you wanted opinions so maybe someone can help later.

mrelliott

I'm opening this thread again as I've got a few questions i want to ask that . i listed them on another thread titled "chances of ccj being set aside?" . i think i may have written to much ! so i have a a few quick questions i hope someone can answer.
1 i want to convince the judge parkingeye acted either unreasonable or against BPA regulations by not tracing my wife before it went to court. I've seen examples on here but cant find them now.
2.when did parkingeye get authority to do a credit reference trace?
3. can the judge accept my offer to use POPLA, PE say he cant ?
4. and there was a quote, from the county court system somewhere which states , all avenues must be considered before taking someone to court id like that if anyone knows where it is?
Thanks for your help , we have our set aside hearing , the start of feb.

mrelliott

It looks like know one can answer any of my questions this time
Ok one last question, any advice for the set aside hearing my wife has tomorrow? A half an hour meeting is there anything that she needs to bring? She has her own notes on the reasons why it should be set aside. Thank you.

mrelliott

The lovely district judge allowed our judgment to be set aside and allowed it to go through popla. It was obvious how annoyed he was ,as ParkingEye had sent through a witness statement 100 pages thick ,more of a defence rather then a simple stament. We had lines after lines of reasons why it should be set aside , but after a quick read of our witness statement he set "I'm happy to set this aside " it wasn't served. He questioned if he has the authority to force ParkingEye to go through popla I said it's our understanding, and I showed him a list if cases where this happened. He agreed to thus and said well if I can't they can apeal! . We were only in the 5-10 mins.

So what happens now ? Do I have to wait untill parking eye give me a popla code or do I contact parkingeye to ask for one?
Thanks for the help people.
Mr. Elliott

Parking-Prankster

An excellent result!


I was at another case last week where the LPC bod rocked up and said it was impossible for the judge to order a case to go to POPLA. Sadly the judge believed her, but of course many cases have and continue to be, referred to POPLA.


You should now write to ParkingEye, getting a free proof of postage.


Dear ParkingEYe
Re case xxxx/xxxxx, court claim yyyy


In a hearing on 2/2/2015 District Judge zzz ordered the case to be set aside as the claim was not served. He ordered that both parties use POPLA to resolve the claim. In line with standard pre-POPLA procedures I am therefore sending you my appeal. Please either cancel the claim, or provided a POPLA code withing 35 days.


My appeal is as follows....




Your only problem may be reclaiming the £155 set aside fee should you win at POPLA.

mrelliott

We asked the judge to allow the £155 to be repaid by ParkingEye, which agreed to. In terms of popla should I just send off my full defence I was going to use in court? Sorry ill read through the popla apeal process when I get home.

Parking-Prankster

Even better! I can see a blog post coming on!


It seems a shame to waste your defence, so you might as well post this in to ParkingEye as your appeal.


If they give you a POPLA code, or if they have not replied within 35 days, then come back here.


Currently, ParkingEye are being pragmatic about POPLA so they may well cancel (while spitting fur and gnashing teeth)