Stressing

Coupon-mad

Stick around please, Saggi1975!

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.

Yes, spotted that and not responding to court forms was a bad mistake.

But - it is explainable and it is CEL so a real defence flows fairly easily off the tongue even for a newbie! And Saggi's case demonstrates what to take to court by way of defence & arguments about CEL not being able to even hold a keeper liable, to show the Judge you have very good chances of successfully defending the charge. And the defendant acted very quickly when the CCJ letter arrived (which the OP was not expecting) so they could argue it is in the interests of justice that a registered keeper is not stuck with a CCJ arising from a claim which:

(a) disclosed no reasonable grounds for bringing or defending the claim;
(b) is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; and
(c) demonstrated a failure to comply with a rule, practice direction or court order.
(d) failed to comply with CPR Part 16 and failed to show any cause of action, contract or liability on the part of a registered keeper
(e) was filed by a parking operator which does not use the only statute which would allow a keeper to be pursued.
(f) failed to evidence how a parking charge which the BPA Code of Practice sets a ceiling for, of not more than £100, has escalated to a brazen attempt at triple 'recovery' reaching £353.02 despite the POFA also stating that a keeper can only be pursued for the sum on the Notice to Keeper (double recovery not being allowed).


The OP needs to know that a set aside decision is up to the Judge, so not 100% guaranteed to be granted, but isn't just about saying a claim was never received (which was the case for Saggi); the Judge will want to know that in the interests of justice, this unrepresented defendant should be heard if the OP can show (like Saggi did) that CEL have actually filed a claim based on no evidence or cause of action whatsoever.

DoaM

I agree entirely ... I just wanted this OP to be aware that the set-aside needs to be carefully crafted, and not simply do a copy/paste of Saggi's.

Coupon-mad

Harper1203 wrote: »

Thanks I'm going to have a look now.

You haven't gone and paid them have you?

A set aside is the best action in most cases, then you can defend and win without any CCJ hanging over your head. BUt you MUIST act speedily to show the Judge at the set aside that you acted quickly, had reasons why you didn't respond to the claim and have very good prospects of defending the claim.

So in reality I'm stuffed and am going to have to pay the fine?

Far from it, CEL are beatable in court. We have never lost one and you really would have seen this off fairly easily had you come here first.

DO NOT reply to any pm from some poster offering a way to 'help', unless they have well over 1000 posts to their name.

Coupon-mad

Harper1203 wrote: »

Thanks I'm going to have a look now.

You have disappeared for a week...You haven't gone and paid them have you? A set aside is the best action in most cases, then you can defend and win without any CCJ hanging over your head.

So in reality I'm stuffed and am going to have to pay the fine?

Far from it, CEL are beatable in court.

Timtay

Hi saggi .
Can you send me the details so i can at least see how i set it out regarding my case.
How do i contact you so i can pass on my number or email address.
Its just so i know what goes where and so forth.
It's so much more professional if its set out how they like it rather than here and there.

Timtay

Hi saggi .
Can you send me the details so i can at least see how i set it out regarding my case.
How do i contact you so i can pass on my number or email address.
Its just so i know what goes where and so forth.
It's so much more professional if its set out how they like it rather than here and there.

Umkomaas

Saggi hasn't been back to the forum for a few weeks, maybe will not come back again. You'd be best to send him/her a PM (click on their user name to provide access), they should get an email to say you are trying to make contact.

Timtay

Saggi1975 has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her.

If you are trying to send this message to multiple recipients, remove Saggi1975 from the recipient list and send the message again.

pogofish

Timtay wrote: »

Saggi1975 has chosen not to receive private messages or may not be allowed to receive private messages. Therefore you may not send your message to him/her.

If you are trying to send this message to multiple recipients, remove Saggi1975 from the recipient list and send the message again.

Just to remind Saggi that you should never enter into contact of any kind off-forum with anyone other than a small number of well-established regulars with a proven track record and high post counts.

A one-month Newbie, soliciting contact against clearly agreed forum rules is just too suspicious!

PPCs do trawl these forums and have tried to identify posters or trick them into handing-over case information and contact details for for further harassment.

pogofish

Timtay wrote: »

Hi saggi .
Can you send me the details so i can at least see how i set it out regarding my case.
How do i contact you so i can pass on my number or email address.
Its just so i know what goes where and so forth.
It's so much more professional if its set out how they like it rather than here and there.

You clearly agreed to not hijack other peoples threads and not solicit contact-off board.

What is your reason for going against this?