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Parking offence- CCJ!! District Enforcement

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  • Understood- do I mention all of this as part of my defence on my N244 form, or do I wait for the hearing to include this?

    I need to be careful with complaining to the dean etc. as we are currently tendering for more work with the University, and I don't want to do anything to jeopardise that!
  • And sorry... regarding my earlier point, is there any mileage to try and negotiate with District Enforcement to get them to agree to the set aside if I agree to pay up straight away?

    Whilst I fully appreciate I may have a strong point to argue that I wasnt parked illegally in the first place, I'm not sure how confident I am arguing this case for myself, if I lost at my Set Aside hearing- what would happen? I've don't have any legal experience and I'm nervous about making a hash of it, and putting myself in a worse position?!!

    I will pay District Enforcement if it means I can get the mark removed from my records!!
  • HO87
    HO87 Posts: 4,296 Forumite
    What is it that you would hope to negotiate? That they would agree to the judgment being put aside?

    As part of your application for a set aside it would be sensible to write to DE and ask if they would agree to the set aside although I'd suggest that the chances of them doing so are not great. The most common PPC "offer" in this situation - if that is what it is - is that they will mark the judgment as satisfied but that is what should happen anyway. That is why it isn't really an offer of any substance.

    Importantly, you are not obliged to fight the original PCN if all that you are interested in is repairing your credit record (although when you apply for the set aside you must show that you have a defence with a reasonable prospect of success). The process is this:
    a. Submit N244 and make payment to Northampton
    b. Northampton review the paperwork and then allocate the matter to your local county court.
    c. The matter is then reviewed by a judge who will then give you notice of a hearing.
    This hearing is for the judge to assess your evidence as to why you were unaware of the entire process. If he agrees there are reasonable grounds then he will set the original judgment aside and will then set a date for a re-hearing of the whole case.

    At that point there is no reason why you cannot simply pay DE what they are after. This means that the matter is settled as if the whole case had never occurred. There is no judgment and in due course your credit file will be repaired.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
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