PArking CCJ over 10 in a car park

Quentin

This is PE's response to the set aside application.


The hearing mentioned in #79 is the set aside hearing


You cannot alter your initial statement now, but will be given the opportunity to rebut their arguments at the hearing

deshulina

Thank you ,

Is there anything I could say or mention on top of my initial statement that could somehow benefit me.

I must admit I am really scared now as they are arguing the set aside.

Coupon-mad

Just to summarise here from your OP, because I choose not to use the blue forum view that shows the OP at the top of every page:

On the 27th of January I parked at a car park in London, discovered I have no change and no debit card I left the car in the car park with the hazard lights on to find a place to get change from, however was reluctant so returned to the car park after 10 minutes and drove my car off.*

Couple of days after I received a parking ticket for illegally parking at the same car park mentioned above, I challenged the fine explaining the circumstances and got a letter with rejection.*

At the time we were moving house while I was going serious medical issues there forward this completely slip my mind until couple of days ago when i discovered the CCJ because of it.*

The rejection letter from parking eye was send 15th of February.

We moved house on the 06th of March.

My license was changed on the 15th of March. (changed to the new address)

The papers of the V5 were send off 15th of April (changed to the new address)

Received on the 3rd of May (with the new address)

However non of this was reflected and all the papers were send to the old address.

The main argument you MUST win at this hearing is that the CCJ should be set aside because it was a fact that you did NOT receive any claim form. So concentrate your efforts on showing that:

- you did move house

- you did update the DVLA quickly (prove it with paperwork)

- you were 'there to be found' (i.e. on the electoral roll? Facebook etc.)

- PE had your email address all along (from online appeal) why didn't they use it?

- you have been suffering long-term ongoing serious medical issues so this just was not at the forefront of your mind, but had you known about the claim, you would have defended it on 'no reasonable grace period' (same as you had appealed it, you are not the type to ignore such unfair charges)

- they used an old address, and had not heard from you since February so should have carried out a simple trace. ParkingEye use a tracing agent in many cases so with something as significant and damaging financially, as filing a claim against a consumer, they should have done the same with you.

Now they might say they could not have known you'd moved, and that you had appealed using the address they had. Maybe that's true but the fact remains they had your email address!

And they could have found you easily, should have made an effort to make sure because the clues were there, you'd suddenly gone from responding, to silence, which was a pointer to a possible house move. And say that the Government highlighted parking firms as being among the very worst offenders in getting stealth CCJs just like this one, deemed unacceptable business practice (here, show a printout of the Government's press release from Sir Oliver Heald, as hosted by the Parking Prankster in a blog about the Government's statement on secret CCJs).

deshulina wrote: »

Hi Half_way,
I was present in the car park for 12 minutes, and the fine itself is issued for 12 minutes stay in a car park but no further information. You can have a look I have a scanned copy in the previous posts. As the car park it was in Maida vale.

And secondly, you should have with you Kelvin Reynolds' article:

http://www.britishparking.co.uk/News/good-car-parking-practice-includes-grace-periods

...which argues well against PE's version of the 'rules' which would be in their head, they 'allow' an inflexible ten minutes grace, regardless of circumstances, regardless of whether it's dark and the driver has to struggle to read the signs and find a shop open to get change...Kelvin Reynolds at the BPA made it clear that the BPA section on Grace Periods is NOT a set ten minutes.

Castle

Coupon-mad wrote: »

...which argues well against PE's version of the 'rules' which would be in their head, they 'allow' an inflexible ten minutes grace, regardless of circumstances, regardless of whether it's dark and the driver has to struggle to read the signs and find a shop open to get change...Kelvin Reynolds at the BPA made it clear that the BPA section on Grace Periods is NOT a set ten minutes.

You may want to refer to the "driving around for 31 minutes" case, (PE v Mrs X; case 18), where PE conceded, (at point 23), that a 20 minute grace period applied:-
http://www.parking-prankster.com/case-law.html

deshulina

Thank you all so so much !
You have no idea how much of a help this is to me.

I lost a whole year of my life in worry and I really appreciate everyone's efforts and advice.

I will print out the articles and bring all the primal documents with me.

All I can do now is pray this comes to justice !!!

Thank you fron the bottom of my heart

deshulina

Hi guys,

I sat the case yesterday. PE did not turn up as they stated.

The judge was very brief and it seemed like he didn't want to spend the time to actually hear the case. He got much of the information wrong and I had to correct him, however I did manage to satisfy him that the court papers were served at the wrong address and he only wanted to see the copy of my driving license and the date of issue.

he had a brief look through the rest of the paper and said that there is no witness statement, I pointed out to the one I have written down and he said, he can't accept it as it's missing a signature at the bottom.

He said he will set the CCJ aside for now , but wants be to submit my new witness statement in 14 day period and to present a copy to PE as well.

He also mentioned that the section of it being a unenforceable penalty does not work in my favor an this is the update so far.

I am about to ring citizen advice as I feel in a right muddle and would like o hear what they have to say., but just wanted to let you know the outcome of yesterday.

Ralph-y

"I am about to ring citizen advice as I feel in a right muddle"

I would suggest not ....... unless you want further 'muddling'

wait for further forum advice

Ralph:cool:

Coupon-mad

DO NOT ring CAB. DO NOT ring CAB!! Sadly they are worse than clueless about private parking.

Your WS needed signing under a 'statement of truth', as all examples here are. Nothing difficult.

He also mentioned that the section of it being a unenforceable penalty does not work in my favor

Depends if you understand what you are arguing, have read the Beavis case, an can point out the difference.

But you no longer have a CCJ wrecking your credit file, it's lifted, gone completely - well done so far!

deshulina

Hi guys,

Thank you so much for your support !

I got the message and I haven't called CAB. I have 12 days to rewrite my statement and to send it off now and will concentrate on that !

I know Coupon-mad whit the reference he made to the Bavis case hence the reason why I grew so confused .

I will past the rewritten statement here later on today and will send off ASAP to the court after !

deshulina

Hi guys,

I will be hopefully printing this out tomorrow and have it recorder to both the court and PE.

I will attached all the pictures, the copy of the CoP of BPA and the fine issued on the date. I rewrote my statement and it look would be very regretful if I can get just a final briefing before I send it off. I copy is posted below.

Thank you !

Claim No. D3XXXX

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