Advice applying for a set aside

nicolanicola

Hi I've just found out I have a CCJ registered in June for a parking fine last November. I moved house 3 months before in August so I haven't received any correspondence about the fine.

I updated my driving license in August however I didn't update my log book until February. Stupid me, I didn't know I had to do it. I honk it was on doing my car tax I seen the new address bit.

Anyway, this explains how they had my old address.

The company is SIP Parking and its with their solicitors Gladstones. Gladstones informed me they wouldn't approach their client re a consent to set aside along with me paying the court fees and fine unless I sent them the consent order first. I don't want to have to pay a solicitor for a consent order stating for them to just disagree. That's a waste of money.

Is there a good consent to set aside template anywhere? Can't find one on the web.

Alternatively I would go down the set aside route. But not sure if I have a claim as I didn't update my log book with my address until February this year.

deflepps

Hi there,

You can try this:

https://drive.google.com/file/d/0B91NoanWBEYpcDlWUFFmNnZIc3M/view

This was kindly posted on legal beagles, full thread below:

http://www.legalbeagles.info/forums/showthread.php?68026-CCJ-set-aside-Parking-Eye

waamo

The thread at the top of this forum that tells Newbies to read it first has a section dedicated to court claims. There is loads of information on setting aside a judgement.

nicolanicola

Do I even have a case though? It's my fault I didn't update my address. I did appeal against it via email at the time. I didn't receive a reply back so thought it had been accepted. SIP are saying they did reply to me via email. I didn't receive it though.

I rung them and they have told me I have no case. It's £1000 fine for not updating your log book address so I should save time and money and leave it.

waamo

Of course you have a case. This crops up almost daily on here. The vast majority of people win.

nicolanicola

waamo wrote: »

Of course you have a case. This crops up almost daily on here. The vast majority of people win.

But I didn't update my address on my log book. That's why they sent it to the wrong adresss. The man at the parking firm said their solicitors would defend it based on the fact it was illegal not to update your cars address and I'd be wasting my time and money.

waamo

nicolanicola wrote: »

But I didn't update my address on my log book. That's why they sent it to the wrong adresss. The man at the parking firm said their solicitors would defend it based on the fact it was illegal not to update your cars address and I'd be wasting my time and money.

So you can prove you didn't get court papers then. That makes a set aside easier. The court won't give a flying that you didn't update your details. All they care is did you get the papers. You can prove you didn't

All this is explained in the thread that tells Newbies they need to read it. I suspect you need to read it. Post 2 explains the court process.

pappa_golf

you state that you did not update your V5 , yes it is an offence , however the parking Co can and are only able to apply for your info ONCE !! in the case of a ticket on the car not before day 28 (+1) and must be before day 56 (+1)b to adhere with POFa and hold you liable

unless you foolishly named yourself as the DRIVER on that day .

you state communication was done by email?

did you set up mail fowarding , or have access to your old property (new resident ringing you / fowarding mail to you)

edit , moved in august , ticket in november , above info might be wrong

Quentin

You will find it difficult to get the claimant to fall in with you over signing a set aside by consent application.

(Unless you cross their palm!!)

So consider going for a set aside (hearing - costs £255)

nicolanicola

Quentin wrote: »

You will find it difficult to get the claimant to fall in with you over signing a set aside by consent application.

(Unless you cross their palm!!)

So consider going for a set aside (hearing - costs £255)

Well I did say to them I'd pay their judgment costs and for any solicitor fees.

The man st parking office said I had no case as it was my own fault I didn't update my log book. He said judge would deny it.

I get it was my fault I didn't update my address but surely that doesn't then mean a CCJ should remain on my file for 6 years? I would have paid the fine had I had a letter saying there was going to be a county court claim. The fact that I didn't I don't think warrants a aCcj.

Quentin

Ignore the man in the parking office!

You do have a case for a set aside.

But simply offering to pay the ppcs court fees when they have a judgement against you is unlikely to sway them

So either up your offer or go down the set aside hearing route