Parking Eye CCJ Set Aside Appeal

Nodding_Donkey

You see this is the problem, the only real reason you have is that you never received the paperwork. That is what I suspect you will have trouble convincing the court.

There is no reason for Parkingeye to pursue as their 'debt' has been paid.

That just makes it look like you are trying to play the system. What you are effectively saying is you did owe the money but want rid of the ccj.

esmerobbo

Clive81 wrote: »

I need to convince the court there is reason for set aside---of which there are many.

Actually there isn't you have one that you did not receive the original claim paperwork. You can then try and persuade a Judge that if you had received the paperwork you have a defence to the claim.

If the judge either believes that the paperwork was served, and or you have no or an unlikely defence, they could well refuse to set the judgement aside.

Forget the amount PE claimed, which we all agree is unjustifiable, your defence is "I was a legitimate customer" well that is arguable, you were a customer who was offered free parking upon you abiding by certain conditions. The time to take this up with Grosvenor would have been when you received the first letter. Unfortunately you cant bury your head in the sand and then when it goes tits up go back to Grosvenor.

I am sure Grosvenor would have dealt with it if you approached them as soon as the first letter arrived.

Even if you convince a Judge that the claim never arrived at your address, he/she may well decide that you had an opportunity to deal with it before the need to issue a claim. Hence they may not hold much sympathy for you. Sorry but for what it is worth I think you are on a loser with this one. :cool:

salmosalaris

Getting the judgment set aside does not necessarily mean defending the claim , they are separate issues..
You could apply to have the judgment set aside on the basis that you did not receive the paperwork ( although without good reason this is probably hopeless ) on the terms that the claim has been fully paid and will remain so , that PE do not object to a set aside and that PE will not liable for any costs . If you can get this in writing from PE you could send that with your N244 and £155 ( of course PE may tell you to sod off ) No guarantee it will succeed even if PE do agree.
You must be prompt though , ideally you should apply as soon as you find out about your CCJ

Clive81

Okay I have a defence in that I didn't receive the paperwork...how about the fact that I ignored the Parkingeye letters as I thought I was being scammed...after all In my mind I was a legitimate customer and had never heard of Parkingeye...after all I was a customer of Grosvenor.

As for the argument whether I was a legitimate customer or not I believe this is an argument I can win easy through poor signage and lack of instruction to enter your reg plate details.

ampersand

Hello clive - from #12
'I take it this set aside is on the Judges discretion surely a judge is human and can see what a nonsense all of this is.'
#

Overview: the judge is not there to reflect his or her opinion in, or of, any case before him or her, but to conduct that case within and according to prevailing Law and Statute.

That is his or her profession and the only applicable consideration with relevance to you.
Outside those confines, he or she may have a different personal opinion.

The fact that the Law's often an a-s-s has no bearing here.

Best wishes, whatever your decision.

Clive81

Let's look at this from a different angle...
I accept the CCJ marked as satisfied and save myself £155...
How impactful would this satisfied CCJ for £200 be on my credit rating and more importantly how would it impact upon a joint Mortgage application????
Thanks

Clive81

Ampersand - I accept your point but I have read many times that a set aside is down to a Judges discretion!!!

What would you do???

ampersand

Agreed Clive, but discretion within leash of Law only.

Can't just make it up as he/she goes along, much as they might empathise - that's what private parking scumpanies do.

Lady Butler-Sloss - current case in point. Tho' case not comparable in gravity, her 'private citizen' opinion cut no ice with jury.
#
I've seen parking lie and apcoa off, thanks to this forum, so have no opinion for your ?

Clive81

Cheers Ampersand
Go on then take a stab...would you pay the £155 to possibly set aside a satisfied ccj or take the hit on my credit rating of having one for next 6 years ???
Eagerly awaiting your response!

Nodding_Donkey

Clive81 wrote: »

Okay I have a defence in that I didn't receive the paperwork...

That's not a defence however it IS a reason for the judgement to be set aside if you can convince a judge.

That's the bit you don't seem to be concentrating on and the part I think you are going to struggle with.