Private Parking Ticket - Default CCJ - Set Aside Case, Prepare full defence

Loadsofchildren123

then yes, include those photos. They show your permit. I assume the signs don't say that the permit must be displayed in a prescribed manner (eg in the front windscreen), they simply they must be "displayed", which you complied with.

theconquest

The signs say display it on dashboard.

The flat contract does not say explicitly display it on dashboard.

And I can't exactly remember whether I took the photos on the same day!!

The_Deep

Has a landlord's lease been produced? From experience as a landlord for 40 years, Letting Agents' ASTs are very broad brush and should always, but rarely are, signed off by the landlord.


The Ast uses the words "where applicable" wrt the display od permits. Has anyone established whether applicability applies or not? So often stuff gets included in ASTs which should not, and leases are not always up to snuff.


One of my leases stipulated that motorbikes must be kept in the garage, bit I did not have a motorbike.

System

How did it go?

theconquest

Well guys..

Had a hearing today. And the judge decided to dismiss the claim against me..

Could not claim costs as I did not mention those in my last set aside hearing...

Thank each and every one of you for your invaluable help.

Best Regards,

System

No set aside costs either?

Or judge's name

Coupon-mad

theconquest wrote: »

Well guys..

Had a hearing today. And the judge decided to dismiss the claim against me..

Could not claim costs as I did not mention those in my last set aside hearing...

Thank each and every one of you for your invaluable help.

Best Regards,

Brilliant! But yes, what about the £255 fee you were forced to pay to set aside the scam CCJ?

Please can you recount a short 'court report' of how you felt, who turned up for the other side, what was said, and why you won?!

Parking company - Parking and Property Management Ltd

You've been Gladstoned!

:T

theconquest

Had a much better experience this time compared to the set aside hearing.

One local solicitor turned up representing the other side. Prob hired for this particular hearing.

Judge initially laid down how is he going to handle the proceedings. Listen to defendant first and then the claimant without any interruption from either side. After which he will summarise and deliver the verdict.

I presented my case explaining the situation which involved the lease, the parking and a second permit clearly visible in the back of the car. The other party sympathised with me which the judge duly noted.

The other party then presented their case saying there was a contract with the sign an all and issued PCN was a valid one.

To this point I thought I was definitely done...

Judge considered the ambiguous tenancy agreement and the fact that there was a visible permit in the back of the car. The contract laid was not concrete enough to supersede the ambiguous tenancy agreement and the parking bay clearly marked with my flat number and the fact that there was a visible permit in the car.

Because the previous judge did not make a note of CCJ costs he could not grant me that.

And he dismissed the claim!

Hallelujah!!

DoaM

So you now raise an MCOL claim against the PPC for your costs incurred by their negligence?

nosferatu1001

Costs of the claim - maybe not, they shoul dhave been dealt with properly in the claim
Effect of CCJ on credit if you were turned down, Harassment etc is worth a try.