Stressing

Harper1203

Thanks I'm going to have a look now.

Coupon-mad

No more stress, look and learn:

https://forums.moneysavingexpert.com/discussion/5585047

See what can be achieved?!

Saggi1975

Hello! I've just been to my set aside hearing for a CCJ which all went very well. The thread from Coupon-Mad (https://forums.moneysavingexpert.com/discussion/5585047) tells my story and there is more here (https://forums.moneysavingexpert.com/discussion/5581374). Also read the parking prankster blog, and the gov.uk article 'new measures to protect consumers from debt'

Have a read through these to get to grips with what you need to do and I can also share the text I used for my witness statement and outline defence statement - both of these were sent in with the N244 form requesting the judgement be set-aside. You need to tailor to your circumstances though obviously.

In parking notice cases like these it's important to know whether the company issues parking notices which are compliant with the Possession of Freedoms Act (POFA) schedule 4. If a company like CEL are not compliant with schedule 4 (and they deffo aren't), this means they can only pursue the driver of the vehicle from the incident, not the keeper. So CEL need to prove who the driver was. You probably won't recall who was driving and other people probably had access to your car (such as your family) as is often the case. And in all likelihood CEL won't have the evidence to prove who was driving anyway (Automatic Number Plate recognition is not sufficient proof either)

In my case, CEL (who submit these sorts of claims in a job-lot electronically), didn't follow the right civil procedure rules (CPR) when making the claim, and the judge decided to strike it out. They can submit a new claim but this is now time-bound and will be scrutinised by the judge for accuracy. I'm sure many of the claims they submit via this process are poorly constructed, so you can use that in your outline defence too - that they didn't submit subject to the CPR. The POFA angle is probably your no1 on the list though.

You can ask for your set-aside fee to be reimbursed - I did and it has been (this is unusual but worth a try).


x

Saggi1975

Harper1203 wrote: »

I did declare that I was the owner of the car but at that specified date I was not the driver, transferring responsibility and naming the driver.

So this is where the POFA aspect comes in - they can only pursue the driver and this is the main aspect of your defence. And you've told them who the driver actually is and so made it easier for CEL. I'm not sure if the fact you've given CEL this driver info means you have to evidence in your defence that is wasn't you (rather than putting it on CEL to prove it WAS you). Others will be able to advise here. They can't pursue you just because you are the register keeper of the vehicle (they will have got your details from the DVLA so it's easier to send it to you than try and track down the driver).

DoaM

Let's not get ahead of ourselves here ... this OP followed bad advice (however well intended) and "knowingly" ignored court papers. As such there may be more difficulty in getting a judge to agree that a set-aside is warranted. It's quite a different scenario to Saggi's.

Vickyah21

I've had a letter from county court today too claiming I owe over £300. I also parked in Bury where Smyths toy shop is! I'm really none the wiser what to do after reading these threads

Redx

Vickyah21 wrote: »

I've had a letter from county court today too claiming I owe over £300. I also parked in Bury where Smyths toy shop is! I'm really none the wiser what to do after reading these threads

no point reading this one or the links because its about set asides after the court has issued a judgment

yours is the initial stages of a court case, so read ongoing or just concluded court case threads, not set asides

please stick to your own thread and dont participate in threads that dont concern you or else it will confuse others who need help of their own , like the OP of this thread

one topic , one thread

Saggi1975

Redx wrote: »

no point reading this one or the links because its about set asides after the court has issued a judgment

yours is the initial stages of a court case, so read ongoing or just concluded court case threads, not set asides

please stick to your own thread and dont participate in threads that dont concern you or else it will confuse others who need help of their own , like the OP of this thread

one topic , one thread

I was asked to help here by someone who advised me on my own thread but happy to butt out. I'll post the Order I receive on my thread anyway and let the experts take over here :-)

Redx

Saggi1975 wrote: »

I was asked to help here by someone who advised me on my own thread but happy to butt out. I'll post the Order I receive on my thread anyway and let the experts take over here :-)

no problem with what YOU posted on this thread

I quoted a newbie who has also opened their own thread but has posted on this one without adding anything useful to help the OP

when people post in a thread, the aim is to help the OP, which I believe you did or you hoped to do , so my reply was never aimed at you nor did I quote you in my reply either

Saggi1975

Redx wrote: »

no problem with what YOU posted on this thread

I quoted a newbie who has also opened their own thread but has posted on this one without adding anything useful to help the OP

when people post in a thread, the aim is to help the OP, which I believe you did or you hoped to do , so my reply was never aimed at you nor did I quote you in my reply either

Thanks and sorry!