Ccj request set aside Parking Eye

ShakeItOff

If you are requesting the information, it is not a surprise that Parking Eye are asking you to jump through hoops - it would be your son who would need to make the request.

I think, given the seeming lack of understanding you have expressed and the to-ing and fro-ing you have done throughout the process (no offence intended at all), that it would be difficult for you to claim successfully against either party. No one forced you to go for the set aside, and indeed, you didn't actually need to anyway, by the sounds of it.

And given that you have gone to and fro with the set aside and the confusion throughout this thread, I don't think the stress of it would be well advised. But that is my tuppence worth.

muffintop885

thanks for that

muffintop885

First package of information sent over from Parking Eye legal team today for court case tomorrow (which another court Watford has said is vacated)


'We only oppose any element of your application which disputes the validity of the parking charge of suggests the claimant should be liable for any costs.


Our attendance at this hearing would incur costs of travel and representation and we are mindful of the need to mitigate costs, and therefore will not be attending the hearing.


They have stated as your posts have advised there is no defence under schedule 4 of the POFA


They mention that although a blue badge was used it was not registered at the site (This is the whole issue, it was and only way I may prove it is with the SAR on my vehicle)


They state if I was to go ahead with this hearing to final hearing there is little chance of success and I would incur their costs. (or they mine!)


Their paperwork states the claim was not satisfied prior to judgment, (but it was settled within a month, and court have said it should be removed!)


They state that this whole issue arose due to my son making reasonable steps to update his address


My argument is they did not take reasonable steps to check whether he was still living at this address and look at the electoral role.


Im just going to ring Watford again to make sure the hearing is in fact vacated

The_Deep

They state that this whole issue arose due to my son making reasonable steps to update his address

Have you missed out a word?

They have stated as your posts have advised there is no defence under schedule 4 of the POFA

what does this mean?

They state if I was to go ahead with this hearing to final hearing there is little chance of success and I would incur their costs. (or they mine!)

Surely this is a metter for a judgeto decide. Have you complained to your MP?

muffintop885

Rung the court this morning to confirm CCJ was removed on 27th Feb and credit file updated.


This thread can be closed now thanks, depending on what comes back from SAR in relation to my vehicle at Barnet Hospital I will seek advise if needed . thanks

Coupon-mad

If necessary I will consider taking NHS or Parking Eye to court to claim back the money that we lost for the fine and the set aside hearing. Plus interest and the amount of time its taken to write to courts and Parking Eye,.... What you say?

I like the idea, but only do it if you don't do impetuous things like read one reply, panic, and send a letter then tell us later, as you have done during this case!

Replies over a period of days give you the full picture on this forum, so if you do decide to try a formal complaint then a claim against the NHS Trust then you need to do it step by step, and well, waiting for various regulars' advice & comments on your drafts each time.

I think you might find the car should have been registered by you on each visit, but I could be wrong with that.

nigelbb

Coupon-mad wrote: »

I think you might find the car should have been registered by you on each visit, but I could be wrong with that.

It's obvious that the vehicle needs to be registered on each visit. A Blue Badge is for a person not a vehicle. The BB holder can be travelling in any vehicle. It would be ridiculous to put a vehicle on a permanent white list just because a BB holder once travelled in it.