Anyone successfully fought ParkingEye to remove a CCJ?

Quentin

MonkeyMummy wrote: »

Oh actually, I wrote to PE last year requesting their consent to the judgement being set aside and they refused. This is the same as 'non-contested set aside' right???
So it looks like my only option is to go to the hearing and hope I have a lenient judge?

One of the requirements to win a set aside is that you apply for it "promptly"! ie ASAP after you discover the CCJ has been made against you.


Be prepared for any questions over you waiting so long to apply!

MonkeyMummy

Yes I'm fully expecting to be grilled over this. If I can get past that obstacle maybe I can use an article from the Financial Mail where two ladies were fined around the same time as me, same car park, with the following results....

"Finally, the case was heard by Parking on Private Land Appeals and they won because the parking signs were obscured behind trees and signage wording was ambiguous."
Also I have proof of patronage at the retail park. Plus because at the time I was a nursing mother it seems I may also be able to refer to the Equality Act specifically allowing me more time to accommodate this. Though I have only just found this snippet of info so more research to do.

Umkomaas

If I can get past that obstacle maybe I can use an article from the Financial Mail where two ladies were fined around the same time as me, same car park,

http://nebula.wsimg.com/4be9744029488d97a4de50455867bb8d?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

MonkeyMummy

Umkomaas, thank you, but I can't access that link, I get this error.. ....

InvalidAccessKeyId The Access Key Id you provided does not exist in our records. 4be9744029488d97a4de50455867bb8d GDN8A73CEC659B0E530BD0FD2D261A5D

Is it a similar press article to the one I'd mentioned?
Thanks

Umkomaas

No, it's the actual transcript of the court case - much more powerful to argue with in court than a press cutting.

The following link will take you through to the Parking Prankster's website where a number of transcripts from various parking-related court cases are held.

The one you want is CS011 ParkingEye -v- Lemon and Harris. Let me know if it works.

http://www.parking-prankster.com/case-law.html

MonkeyMummy

Umkomaas - thank you so much, I thought this was the defence I needed. But then found this case doesn't actually relate to the same car park after all. When I'd googled parking cases at the carpark concerned, this article was returned in the search results, hence me believing it was a comparable case, however it was just because the location was mentioned in a comment. I guess there's no way (have done hours of googling) to find out about any other cases in the car park concerned? Feels like I'm losing all hopes of winning this, there's only the Equality Act to hope for now.
Thanks

Umkomaas

MonkeyMummy wrote: »

Umkomaas - thank you so much, I thought this was the defence I needed. But then found this case doesn't actually relate to the same car park after all. When I'd googled parking cases at the carpark concerned, this article was returned in the search results, hence me believing it was a comparable case, however it was just because the location was mentioned in a comment. I guess there's no way (have done hours of googling) to find out about any other cases in the car park concerned? Feels like I'm losing all hopes of winning this, there's only the Equality Act to hope for now.
Thanks

I think the actual location is a second order issue. There must be points from the defence/judgment that could be adapted/adopted. Nothing to lose!

MonkeyMummy

If anyone is still reading this thread, I have one more question please.
At my set aside hearing I was planning on showing photo evidence of the car park signs, to show how inadequate they are, ie fallen off! However in PE's latest letter I think it's saying that I can only provide defence if I have submitted the same to PE in advance. I have not done this, or provided any defence to them in fact because a previous PE letter stated it was too late to appeal. Is this correct, can I really not give my defence to the judge at the hearing?? Probably just misreading it but panicking a bit now!
TIA

System

Probably just misreading it but panicking a bit now!

It's up to the judge to decide not PE. Take it all and let the judge make their decision based on what you can offer. Typical blo**y PE.

MonkeyMummy

Thank you IamEmanresu (and all other previous responders) I've done everything I possibly can now, so only time will tell. Wish me luck!