What does this mean? trying to CCJ set aside off Legal Parking Enforcement (UK) LTD

enfield_freddy

https://forums.moneysavingexpert.com/discussion/5334819

hoohoo

Ant_Wish wrote: »

It had been on my credit report for a while before I actually registered with a credit reference company and that is how I found out I had a CCJ off them. Before i got my credit report i had no idea, i had a ccj.

Thanks.

So at this point you have no idea what the claim against you even is. You need to contact the court and get a copy of the claim against you ASAP. This should tell you details about the parking event and we can work from there. If it doesn't give any details then this will be your defence. "The claim form dpoes not provide detail fof the actual claim so I have no idea what they are actually claiming for"

Either way, we need to know whatthe claim for,m said, and as many details about the parking event (if you know them) as possible.

DO NOT SAY WHO THE DRIVER WAS

ampersand

..and don't dally on this please, op.

It appears to have taken 6 days to reach you in the post, leaving you only 10 days to file a full defence or ask for deferment.

I've had a quick look at your earlier related Threads from last month and see Quentin replied: 'No special legislation though you can apply to have it set aside if you have a good defence against the claim.'
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I'm concerned that you have not understood what this necessitates. It is not simply a matter of, for example, supplying a Dr's letter and receiving a rubber-stamped set-aside Court order by post.

But you DO have excellent evidence in your favour. However, you need to master why this is so and be able to present it in persuasive form, in person, for the Judge.

By first starting several Threads in the Credit File and Ratings Forum, rather than this Parking one, you missed an earlier opportunity of help, but I see the Mods and john-o referred you here recently. Good! :-)

The ppc was indeed this company, now dissolved:

Legal Parking Enforcers (UK) LTD and we need to keep this new thread linked to that one, so helpers here have the necessary detail at their fingertips.

Ant Wish
CCJ off Legal Parking Enforcers (UK) LTD
https://forums.moneysavingexpert.com/discussion/comment/69262251#Comment_69262251
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Please ask for all 3 of your parking CCJ threads to be merged and wait for more advice. Be ready to act quickly if it involves asking Court for more time to prepare, or perhaps the involvement of a lay representative.

I wish you well: you've gone through a rough passage it seems.
Will check back later.

hoohoo

If the CCJ was in 2012 then the parking event was before Oct 1 2012 as it takes more than 3 months to go from parking event to hearing. Before that date only the driver was liable.

Your defence is partly;

The Protection of Freedoms Act 2012, schedule 4 provided that in some circumstances the keeper is liable if the driver is also liable. This came into force on 1 October 2012.

The parking event took place before Oct 1 2012 and therefore keeper liability does not apply. Only the driver is liable.

[this will vary, but eg]
The parking company have not provided enough detail on the claim to allow determination of the driver. As they are now a dissolved company I consider it unlikely they ever will be able to provide this.

arabesque_101

The CCJ that you received is the result of some sort of claim by Legal Parking Enforcement (UK) Ltd that you owed them money or breached a contract with them (known as the "original claim").

In order to get a CCJ set aside, you need to show two things:
1) A valid reason why you didn't defend the original claim when Legal Parking Enforcement (UK) Ltd was posted the original claim to you.
2) That you have a reasonable defence to the original claim that Legal Parking Enforcement (UK) Ltd made against you.

If you can satisfy the court of these two things, the CCJ is set aside, and the original claim by Legal Parking Enforcement (UK) Ltd against you starts again, and you get either chance to defend it properly in court, or to pay it out.

The court has read the documents you provided with your set aside application, and doesn't think you have provided enough detail on point 2, so it had given you a chance to provide the details of your defence as per point 2. So you need to state the reasons why, in the original claim by Legal Parking Enforcement (UK) Ltd against you, that you believe you have a reasonable defence. The set aside application doesn't actually hear your defence, but it looks at your defence to make sure you have some prospect of a successful defence against Legal Parking Enforcement (UK) Ltd's original claim against you. If you don't provide the draft defence as requested, then your set aside application will be struck out (i.e. your application will be cancelled) by the court, because you have failed to show you have a reasonable defence against the original claim.

Ant_Wish

Thanks for the replies. I went a head an used the template provided by The Deep above, plus my additional claim for having it set aside as well. So it is in the hands of the CC now I just have to wait. If it fails I will appeal on the grounds that I did not have proper legal advice on the situation. Thanks.

Half_way

At least one ppc was sending out fake court papers it may be worth researching that, if you ignored everything including court papers, as you could (and l probably did) have reasonable doubt the real papers were fake. Im not sure what ppcs were/are doing this but if they were/are BPA/IAS members then this too would be useful.

Nodding_Donkey

I hope you took out the bits that were irrelevant. You could hardly have used 2013 regs in a case in 2012.

hoohoo

Ant_Wish wrote: »

Thanks for the replies. I went a head an used the template provided by The Deep above, plus my additional claim for having it set aside as well. So it is in the hands of the CC now I just have to wait. If it fails I will appeal on the grounds that I did not have proper legal advice on the situation. Thanks.

This is your appeal. You don't get a second go. Oh well the die is cast. That defence is specifically for ParkingEye free car parks but not too unreasonable except that some of the statutes did not exist at the time your vehicle parked