Ccj -pcn

Timtay

I have read some of the wording ...on post 2 which I think is relevant to me and my case ..Would it be better to wait until I arrive back in the uk and then contact the court to setaside (if that's what I need to do )or do I need to do it as soon as possible ( is this in the form of a letter or ?? ) . I am at this moment in Australia and I'm taking it would be more beneficial when in the uk . How long before I need to act .. I'm sorry for not being the brightest light .. this is stressing me out big time !!
Also whilst I'm on the case I read about looking at parkingeye v beavis and I've found a portal suggestion that I can appeal through this ...I'm asking am I to late to go down this path and is it not wise as they then become aware of my intentions and can counterattack me .
Thank you for your imput

Umkomaas

In order to even get a set aside you need to have a very good reason why you did not respond to court papers. You also need a good prospect of defending the original case too. There can't be many better reasons for not receiving documentation than being on the the other side of the world for n months.

CEL rely exclusively on default judgments; when faced with a decent defence they always discontinue. So if you get the set aside, I doubt that CEL would want to continue with this. But nothing's guaranteed in this game.

The one thing you don't do at this stage is to pay the judgment, because, while this will mark it on your credit file as 'satisfied', it changes nothing for your creditworthiness, which is trashed and will remain so for 6 years. So there is no advantage in paying CEL a bean.

I think this can wait until you are home. It could just as easily have been discovered when you opened your pile of mail on return to the country - your reason for not applying for the set aside earlier would still be the same - out of the country for n months.

See if others agree with my thoughts - I don't have a monopoly of them!

Good luck.

Timtay

Thank you much appreciated... I've got proof that I was in the building where I was parked and have times regarding when I arrived and left on seeing the doctors and nurses,l I also have the product that I had to purchase from the onsite pharmacy.. which is dated so it proves that I was using the facilities that the carPark is there for . . Thank you for your input

Coupon-mad

I've got proof that I was in the building where I was parked and have times regarding when I arrived and left on seeing the doctors and nurses,l I also have the product that I had to purchase from the onsite pharmacy.. which is dated so it proves that I was using the facilities that the carPark is there for

Not really that important though. See what saggi did and achieved, as mentioned & linked in this thread which also sets out the options:

https://forums.moneysavingexpert.com/discussion/5607816

HTH

Timtay

Thanks guys,
How do i start my defence as for set-a-side.. I’ve spoke to the courts and asked what the process is and confided that i was abroad and knew nothing about the court hearing and in-turn unable to respond or appeal ...they advised me to wait until I’m back in the Uk, but because I’ve time on my hands i can at least start now by gathering or wording it so ...any input would be great.
Or even a template on how its set out .
I really don’t want to mess this up as I’m so convinced I’m being hard done by ,as other posts suggest.

TIM

Umkomaas

The NEWBIES FAQ sticky, lower down in post #2 with a sub-heading 'HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?', gives you numerous links to explore.

In addition, the following might help:

http://www.aboutsmallclaims.co.uk/

http://www.aboutsmallclaims.co.uk/county-court-judgement-against-you.html

http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html

Timtay

just read Saggi’s post and he highlights that below-
He says;-

"I know I need to add an outline defence to the set-aside application so the judge can see I have a good chance of defending it which is hard to do as I have no details of the alleged incident. I intend to put in my defence statement that CEL do not follow POFA Schedule 4 and therefore have no right to hold me liable for any claim purely on the basis I am the registered keeper of a vehicle and unless CEL can prove I was the driver, they have no right to hold me liable or pursue me for a parking claim.”

Can i use the fact i spent several avenues trying to contact the organisation with no avail even poppla advising me that they should reissue a reference number and the likes of other agency stating to me that i was not in their jurisdiction thus having no chance of clearing it until it went to court ..and i couldn’t as i was on the other side of the world... would this be sufficient or have i at this time prove my evidence( proof of where i was) etc, so had not acted unlawfully and complied to there wishes not aware they it had not been processed , leaving me vulnerable .

pappa_golf

the fact that you were a non UK resident would be a good starting point

pogofish

As well as the discrepancies highlighted upthread, the OP is now trying to solicit off-board contact on Saggi's thread.

This looks mighty suspicious to me - caution should probably be exercised.

Timtay

Hi fruit cake ..
Thank you for your input.. the problem is the same for a lot of people , i am not savvy on legal terms and sayings .. i know its not enough but as far as I’m concerned I’m innocent and i know i have to show this to the court ...what I’m saying by how you say it makes one helluva difference ..i just don’t know how too as I’m sure the court will say hey your fault for not doing xyz
There is a lot of good advice going around but I’m sure they cover different areas and specific parts of parking law.. What i want is whats relevant to me ..Do i go for the “I’m the register keeper but not necessarily the driver route" ,as I’ve already said and have evidence that i was in the building that this carpark is for the soul use of.... so cannot be parked illigally ??
When you park up You go inside and put your registration number in to a machine and this is so you are exempted ....the system has been in operating for a short time .
My point is if i put the wrong registration in there is no way of knowing until you get a pcn notice ?? i have evidence that i was within the facility that this carpark is solely for.
it is quiet easy to put the wrong reg in as mine was KM60KKN, see i even got that wrong ..its KN 60 KKM , THE NM are side by side on the qwerty key board plus i only had the car what 8 months.. easy mistake..i know this isn’t an answer,
I took a lot of time and contacted several people regarding in relation trying to find out who issued it .. after i found out i contacted several companies reference help to no avail even poppla said they should issue you a reference number and if they haven’t then contact them ...no answer from beavis.
when i was informed who issued the PCN, they didn’t answer any of my mail.. written and electronic. if they chose not to respond surely this is in breach of some form of law.. can i use this as a form of innocent as i tried every avenue open to me to resolve this to no avail from their part ...the only option left was to allow it to go to court as then i could address it but unfortunately i wasn’t there to ...but will be soon and need it amending.
I have sufficient evidence from their client saying when i arrived and when i left and it corresponds with the ticket ..plus other evidence.
Please can you help ??
What about Citizen Advice Bureau , would they be able to help me word it or assist me in any way ..

Thank you for your time Tim