Parking CCJ set aside defence

RETR079

A family member with mental health issues living away from home collected post from home to find CCclaim and CCJ for a parking charge. What is our best course of action. There is a multidriver insurance policy on the car so we are unable to confirm driver. I am planning to apply for a set aside and hope that being on benefits due to mental health our family member will not have to pay court fees? What is the best defence?

The_Deep

I do not understand this, you say that court papers were sent to "home" but were ignored, why? On what grounds do you intend to apply for a set aside?

Coupon-mad

RETR079 wrote: »

A family member with mental health issues living away from home collected post from home to find CCclaim and CCJ for a parking charge. What is our best course of action. There is a multidriver insurance policy on the car so we are unable to confirm driver. I am planning to apply for a set aside and hope that being on benefits due to mental health our family member will not have to pay court fees? What is the best defence?

You don't need a defence yet, you need a Witness Statement to support your N244. Please read post #2 of the NEWBIES thread, the part all about set asides & what to do/say about why the claim was not received.

It's got to be worth trying if the person is exempt from court fees!

https://www.gov.uk/get-help-with-court-fees

Show us your draft Witness Statement once you've read the links to the successful set-asides in the NEWBIES thread post #2 (the WS must be in the name of the named Defendant with the CCJ).

And please tell us which parking firm?

RETR079

Link Parking ltd Gladstones. I am not sure best action to take. My daughter lives away from home. Pays council tax where she lives but all post comes to my home where the car is registered. I have to defend the case for her as she is not mentally able to cope with the pressure of this case and I am trying to protect her from any undue stress. I am tempted to Defend as driver may not have been keeper as multiple drivers insured. I am not sure of the signage at Harwood Square Bristol. The charge is for Parking in No Parking in the entrance road to a gated estate. All post was to my address and not opened until well after the cut off dates when my daughter visits. Hence the CCJ being opened at the same time as the CCClaim. What to do? My daughter is on ESA benefits so will not pay fees.

Quentin

See #3 for advice on where to find set aside help here


(As #3 - You cannot "defend" the set aside.


Your daughter needs to apply in her name!)


She does need to register her car at her correct address

RETR079

Post was not ignored. My daughter collects post when she visits. Post came here as car is registered here. My daughter lives away from home(here)

Quentin

As posted, the car needs registering at your daughter's address - assuming she is the RK. Fine is up to £1000 for not doing so

nosferatu1001

Quenin - no, that is not correct. the car only needs to be registered where the RK can be contacted. This could count, if the post is REGULARLY checked. Anything linger than 28 days will screw you with ref to Whiteside.

To OP: YOU cannot "defend". You are not the defendant. You can complete the forms, however in any hearing, the D must turn up - accompanied by you is fine - and all forms etc must be signed by her.

Quentin

I agree that the address only needs to be where the keeper can be contacted.




In this case the keeper wasn't contactable! It looks that the original correspondence was missed as well as the court correspondence

RETR079

My daughters mental health has meant she has been in and out of care so we decided to keep her post coming to her stable home. We are reluctant to register her car at any other address because it is likely to be temporary. If there is a fine for wrong address I would rather register the car in my name.
I can help her with the forms but I am still not sure what the CCJ defense should be.

KeithP

It is going to be very difficult to find a suitable defence.

After all, the court papers were addressed to the registered keeper at her nominated address.

You say the mail wasn't ignored, but it certainly wasn't processed in a timely manner.

Wait and see if others can come up with a suitable reason as to why a judge might think the judgement should be set aside.
You also need to start the set aside process without delay, now that a CCJ has been discovered.