Advice applying for a set aside

nicolanicola

Quentin wrote: »

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

Man at parking office said he'd be amenable to consent and told me to ring their solicitor. Which I did. They said they'd ring him and see what he said and get back to me. So I'm waiting to see if they ring me back.

On what basis do I have a case? He said he was doing me a favour as he sees this all the time and I wouldn't have a leg to stand on applying to have it set aside because I didn't update my address which was illegal and would have incurred a £1000 fine.

waamo

nicolanicola wrote: »

Man at parking office said he'd be amenable to consent and told me to ring their solicitor. Which I did. They said they'd ring him and see what he said and get back to me. So I'm waiting to see if they ring me back.

On what basis do I have a case? He said he was doing me a favour as he sees this all the time and I wouldn't have a leg to stand on applying to have it set aside because I didn't update my address which was illegal and would have incurred a £1000 fine.

You believe a man who want to get money out of you, as much money as he possibly can at that?

Do you believe there is a Nigerian prince with cash for you? They email me all the time.

Your grounds for winning are legal grounds. I really wish there was some kind of thread for Newbies that explained all this. It should be made a sticky and have a title that went along the lines of "Newbies...read this first FAQ's"

Ahh if only.

pappa_golf

man at parking Co speak with forked tongue , do NOT believe him , they are playing "credit clamping" , knowing thsat as soon as you see a CCJ on your file you will pay there inflated costs

when you appealed to them at the beginning email or by post , did you include your currant address in the email /letter?

nicolanicola

waamo wrote: »

You believe a man who want to get money out of you, as much money as he possibly can at that?

Do you believe there is a Nigerian prince with cash for you? They email me all the time.

Your grounds for winning are legal grounds. I really wish there was some kind of thread for Newbies that explained all this. It should be made a sticky and have a title that went along the lines of "Newbies...read this first FAQ's"

Ahh if only.

Thanks. Yes but what ARE my grounds? He said I have none as it is my own fault I didn't receive them as I didn't update my address.

nicolanicola

pappa_golf wrote: »

man at parking Co speak with forked tongue , do NOT believe him , they are playing "credit clamping" , knowing thsat as soon as you see a CCJ on your file you will pay there inflated costs

when you appealed to them at the beginning email or by post , did you include your currant address in the email /letter?

No I don't think so. It was via a form on their website. But they did have my email address. I just didn't receive their reply to it. He says it was sent though.

waamo

nicolanicola wrote: »

Thanks. Yes but what ARE my grounds? He said I have none as it is my own fault I didn't receive them as I didn't update my address.

A whole raft of legal grounds. Guess which thread tells you? I suspect (being a Newbie at this) you haven't read it. There is a clue in there.

Quentin

nicolanicola wrote: »

Man at parking office said he'd be amenable to consent and told me to ring their solicitor. Which I did. They said they'd ring him and see what he said and get back to me. So I'm waiting to see if they ring me back.

On what basis do I have a case? He said he was doing me a favour as he sees this all the time and I wouldn't have a leg to stand on applying to have it set aside because I didn't update my address which was illegal and would have incurred a £1000 fine.

Any fine you might have got was nothing to do with the county court!

But see if this man is as good as his word and will agree to a set aside. If he does then go for it!!

Are you intending to defend this if you get the set aside and they reissue the claim?

pappa_golf

judges are now getting wize to "consented" set asides they view them as "credit rebuilding" after the person has refused to pay and lost the game of poker , letting the Parking Co go for a default , there are a couple off issues with your case and a set aside , one NOT to worry about is "Mr parking guy" and his £1000 fine !!!

we have discussed the date of CCJs before , I believe a CCJ does not show untill 28 days after the (paper) court , which makes your "paper court" , back in may , as the incident happened in november last year I find this very quick timing , and question if the correct protocol(timing) was used by gaulbladder and SIP ?

nicolanicola

pappa_golf wrote: »

judges are now getting wize to "consented" set asides they view them as "credit rebuilding" after the person has refused to pay and lost the game of poker , letting the Parking Co go for a default , there are a couple off issues with your case and a set aside , one NOT to worry about is "Mr parking guy" and his £1000 fine !!!

we have discussed the date of CCJs before , I believe a CCJ does not show untill 28 days after the (paper) court , which makes your "paper court" , back in may , as the incident happened in november last year I find this very quick timing , and question if the correct protocol(timing) was used by gaulbladder and SIP ?

Yes that's what he said. That I wouldn't win just because I wanted to get the CCJ removed; that wasn't a defence. My defence would be if I'd lost my appeal I would paid. I didn't receive any correspondence after I submitted my appeal so as far as I was aware they'd accepted it.

waamo

pappa_golf wrote: »

judges are now getting wize to "consented" set asides they view them as "credit rebuilding" after the person has refused to pay and lost the game of poker , letting the Parking Co go for a default , there are a couple off issues with your case and a set aside , one NOT to worry about is "Mr parking guy" and his £1000 fine !!!

we have discussed the date of CCJs before , I believe a CCJ does not show untill 28 days after the (paper) court , which makes your "paper court" , back in may , as the incident happened in november last year I find this very quick timing , and question if the correct protocol(timing) was used by gaulbladder and SIP ?

I agree the timing is very, very quick. I suspect SIP haven't followed the correct process given the timing.

Personally I would go for a full blown contested set aside rather than paying the robbers but appreciate that some people find it too daunting.