Ccj request set aside Parking Eye

muffintop885

I paid the fines totaling over 500 including the request to set a side the ccj in court (original fine was 100) but by the time we got it from the previous owners of our property some 5 months later it had increased
I paid because I saw words Court and CCJ and knew it was not my son driving the vehicle but me as I had taken his fianc!e to the maternity clinic that day for a scan. I also knew I had registered my blue badge previously at their front desk and it was something you only did once.
No Parking Eye or Barnet did not advise my son I was driving.
Parking Eye issued the fine to my son who was at the time the RO of the vehicle (infact my vehicle and since I have changed V5 to reflect this)
Without CCTV evidence from Parking Eye being disclosed I cant prove it was me driving the vehicle and in essence I should get the CCJ IF I hadn't parked as authorised in a blue badge parking bay.


I have a hospital appointment for that date and time showing my daughter in law was at the hospital for scan. This doesn't prove who took her I guess


I also have a letter from my sons employer stating he was at work all day on the schools premises and was not away from the site all day.

muffintop885

Now Im confused having done Criminal Law surely if your not in charge of a vehicle in any way then you cannot be held responsible for a parking charge just because your the registered owner of the vehicle and this lead to a CCJ? if so I may as well give up now and not bother going to court

nosferatu1001

Actually he was the rgistered KEEPER. No "registered owner" anywhere
Again

He
Is
Liable
as
He
Was
The
Keeper
at the time.

That is what POFA2012 scheudle 4 does
Do you understand this, or do we have to find another way to say that wehere HE was is completely irrelevant and does not help you?

muffintop885

Hi


Thanks for taking time to reply so now im really worried. As RO at the time of the vehicle (mine) my son can automatically become responsible for the parking fine and subsequent CCJ which ruins his chances of getting a mortgage for 6 years of his life is that right?


I did apply for the case to be heard at my local court Watford but it was transferred to Hertford for some reason .... is there any way I can buy myself some more time or ask for it to be transferred back to local court or have I left it too late now as on 6/3... Also is there any point in what your suggesting the CCJ will stand now. Seems totally unfair as you can be the RO but not necessary driving a vehicle or own it.

muffintop885

Hi thanks for your advice on thread re the ccj issued to my son who was ro at the time when I parked it at barnet hospital in blue badge parking bay sorry but this is a little difficult for me to get my head around but your saying under the ruling you listing I believe that as ro he is liable for the ccj? if this is the case I may as well have just swallowed the CCJ? and is there any point in still attending the court hearing to ask for it to be set aside in your ho

muffintop885

Hi just looked at this legislation. so Parking Eye have us everyway possible
I was driving and in charge of vehicle (Tough the vehicle was registered to my son)
Son was at work all day could not have been with that vehicle (Tough hes RO its its problem)
I parked in blue badge bay (tough I wasn't RO of this vehicle)


Son has CCJ (tough luck and you now paid 200 plus for it to be set aside which was pointless?)
Advice how to proceed now seems to me there is no point going to court now? is there a way to end the whole process

nosferatu1001

Registered Keeper. you will not find "RO" anywhere, it is something you have made up. Please use the right terms

I am saying

As Keeper he CAN BE liable for the charge, as long as Parking Eye followed the rules laid out in POFA2012 schedule 4. They usually do.

As such, as HE did not defend the claim, HE got a default and HE must apply for the set aside. You have NO standing in this matter; it is your sons responsibility. HE must attend. I *really* hope you have done all this in your sons name?!? ANd he knows whats going on?

When you applied (form N244) you will have read that you are suppsoed to write:
1) A witness statement
2) A draft order (what you wish the court to order, should you get your set aside granted) and
optionally
3) A defence to the original claim

Did you do any of that?
If not, you need to do that NOW

The WITNESS STATEMENT is there to support the reason for granting the set aside

So answer: how long between issuing the charge did they wait before issuing teh claim? The CCBC will know this, ring them, if you dont already know

IF it was really quick, then its hard to lay blame at them. They had no real reason to know the keeper was no longer living at the address the KEEPER is OBLIGED to keep the DVLA up to date with.

If they took a while, then this increases the chance they should have realsied why they were getting no response

Your BEST bet is to get a set aside automatically granted; this is under CPR13.2 (google it, and read it) by showing that the claim form was never properly served. Was your son on the electroal register at teh correct address? Council tax in his name? Mobile phone bills? In essence, was he "there to be found"? If you can asnswer YES you can say that, befroe undertaking court action, they should ensure they have the correct address, by using a tracing service, and instead served on a bad address.

You however need to hedge your bets, by ALSO saying you have a GOOD chance at a defence, under CPR13.3

Your defence would include the stuff above - that the VEHICLE was registered with Barnet, that you were driving (so your son has to say the BB holder was driving and thus permitted to park in the blue badge spots) and that you were attending an appointment. State you registered your vehcile on X date, and as such no charge should ever have been issued; this was a fault with te CLAIMANT (parking eye) system and nothing to do with you.

nosferatu1001

We have NOT said there is no way out of this
Stop panicking and STEP AWAY from thekeyboard

I was jsut trying to get it through to you WHY "not driving" is not enough any longer. You have to attack from a different angle

You MUST answer the questions I gave you, once you have read the NEWBIES THREAD on set asides.

muffintop885

nosferatu1001 wrote: »

1) Your son has a CCJ becasue under the POFA2012, the keeper can be held liable for a drivers alleged breached contract
2) It IS your sons fault. Driving licence obviously has nothing to do with who registered the vehicle and what address that is at.
3) No idea why you havent got a hearing at your local court ,when you choose it yourself when applying...
4) "I paid the fine" - what do you mean, you paid it? Did you pay the judgement? Be precise. We cannot guess.

Hi thanks for this early post, I must have missed it as was reading on my phone until this morning


So that's it then basically I wasted a lot of money and time trying to get CCJ set aside if your the RO or the keeper of the vehicle any parking issues are down to you - seems very harsh when a number of people own a vehicle but have named drivers on it....


So could you please advise me the best way to get out of this mess now without further time being taken off work and stress attending court miles away from me. Is there a way or a form to close the court case I requested for the hearing

muffintop885

I paid the fine on the paper work should I check with the Parking Eye this has been satisfied?