Parking Eye = CCJ = Equita, what next?

waamo

There is a subtle difference between obtained and enforcement. Enforcing is when they turn up and tow your car.

The question, which only you can answer, is can you live with having a ccj?

TRANSPORTER

Answer, no I cant, especially as I paid the correct parking charge and due to a clerical error on the side of PE it has ended up at this stage which is quite ridiculous if honest.

waamo

Then you really need to apply for a set aside. There is another option. It's called a set aside with consent but it means you pay the ccj.

You can ask PE if they will allow a set aside if you pay up. This is an easier option. It costs £100 rather than £255 but you have to pay what they claimed for.

If you win a standard set aside you might, and it is a might, get the £255 back and pay nothing. A set aside with consent means you get nothing back.

Again it's your call and down to what your defence is. Also PE have to agree to a set aside with consent which they may, or may not, do.

Coupon-mad

Email their enforcement email address and ask about the above.

TRANSPORTER

In think I will go for the set aside, I don't see why I should pay a fine etc when I paid the correct amount for parking and it is a clerical error on PE side, all I can say is I'm so glad not everyone goes about their work with the lack of diligence and attention to detail as PE do!!!!!
Next im going to need some help with this form N244, As I haven't the first clue about legal stuff and looking at the help form its still abit confusing, ie what court do I say, do I name my local court or the court where the CCJ was obtained?
Also is it worth getting a solicitor onside to help?

Le_Kirk

Here is a link to the form and the guidance notes, also yesterday there was a similar thread with guidance given, use the advanced search for N244 changing the Radio button from Threads to Posts.

Umkomaas

I don't see why I should pay a fine etc when I paid the correct amount for parking and it is a clerical error on PE side,

You do realise this isn't the issue you will be relying on in your set aside application.

TRANSPORTER

Ok folks, an update for everyone, I went about getting the CCJ set aside, first contacted a local solicitor, had to call 5 before I found one that could give me information ref a set aside. They kinda laughed down the phone at me due to the small amount of money that was being discussed. I told them the amount is irrelevant, it’s the principle.
Anyway they wanted 5k to represent me!!!!!!!!!
I politely declined there services and went about filling the form myself, ok I admit it might not of been filled in correctly but I included a covering letter explaining I was a layman when it comes to law etc and to contact me if any additional information was required etc. A quick follow up phone call aswell to ensure they had it in their possession and the wait commenced.
Approx one month latter I received a letter from the judge with the set aside attached. Woohoooo, ok it cost me £255 but I’m now without a CCJ, so happy days.

Next chapter, was more paper work offering mediation to finish off the case and the fine etc, I filled the paperwork in again with the help of the court and sent that away, next I received a court date. Now I’ll be honest I didn’t think I would have to attend court due to me thinking that once the CCJ had been set aside that was it done.
I then had to put my defence together as to why I shouldn’t pay the fine, mine was approx 9 pages of A4 numbered and put in a polly pocket, sent a copy to the court and one to PE, they left it till the last possible day before sending theirs to me. I really thought they had forgotten and that they wouldn’t be turning up to court, but on the last day their evidence arrived on my doorstep approx 100 pages long.
It included a statement, pictures of the carpark from initial building to Ariel photos to computer generated pictures to pictures of every single sign and camera. ( mine included a few pages of an email chain, the set aside and two pictures one of a sign and the other of the paid parking ticket )
Also included with their evidence was many many pages of old cases where people had lost cases against PE.
Lists of all the cars that were in the car park but this list blacked out not revealing all the registration plates. Also how they start and finish sending out charges.
Basically a whole lot of scare tactics, well I sucked it all in and prepped myself for a good argument. Testing their 20 checks and numerous others to make sure they are correct in giving out a charge.
Well folks I was quite surprised as not so long ago I received a letter from PE stating that as far as they were concerned the case was closed and they were not proceeding any further. Also included was a letter to the court asking them to release the court and that they were no proceeding.
Well I’m well chuffed to say the least. But I will tel you it’s been quite stressful and I’m now out of pocket to the tune of £255 for the set aside and also postage costs etc.
Anyone got any idea what I do now, do I go to small claims court to retrieve that money or leave it? Or will the court issue instructions letting me know how I should proceed.

waamo

You don't proceed. That's it. Over and done with. Sadly the £255 is gone.

TRANSPORTER

No dramas then, at least I won!!!!