Ccj request set aside Parking Eye

nosferatu1001

Reread the latter posts

Youre panicking
Stop

If you have paid the CCJ within 1 month of the hearing (which we dont know, and i CBA to look through this splurge of posts to find any dates) then it shoudl be satisfied AND woul dbe removed from the register

If not it is merely satsified, and your son will not get a mortgage etc for 6 years.

Your alternative, if you had taken a court process *seriously* and spent some time to consider your actions before panicking into it - would have been to try for a set aside by consent. This is where the CCJ is paid in full, you get the CONSENT of PE and you pay a £100 fee for a paper hearing, where pretty much a judge rubberstamps the decision

All of this was made worse because your son messed up the V5. It happens, but at least this is only civil. If it had beena NIP gone unanswered thats 6 points, £500 plus in fine and possibly no licence.

muffintop885

I just rang Parking Eye as I had paid the fine so presumed that was it the CCJ was satisfied to ask if that was the case and they said they couldn't tell me and that I would have to ring the Courts Business Centre? but couldn't tell me where that was now I feel really worried as I thought paying the fine would mean the CCJ was done and I was just going to court to defend the ccj being issued which you have pointed out is pointless as there is no defence even if your not actually in the car at the time if your name is down as RO its your responsibility

muffintop885

I appreciate your advice albeit blunt, I am panicking your right I feel sick and really worried as this situation is my fault and my son was doing me a favour having vehicle in his name after messy divorce.
Yes a lesson learned about moving and the V5


I didn't get the paperwork sent out by Parking Eye until 26th July 2018.. Incident was 18th June 2018


I was not told by previous owner about this paperwork until 15th November 2018 and made payment on the 16th November. At time yep was panicking about ruining my sons future I read as much as I could take in and decided to put the case to be set aside believing that if you were not in the vehicle how could you be responsible but we have been over that one.


So I would be very grateful if you would give me some advise how I can get out of this mess now and I don't see point in going to court for a CCJ that wont be written off. ??


Just ringing Northampton to make sure the CCJ satisfied.

nosferatu1001

Oh for...

Look
Youre not reading what was actually said.

I give up. Reread what has ACTUALLY been said, and stop putting other words in their place

!!!!!!, RO is still completely made up by you, it does not exist!

The CCBC in northampton. Its actually the claimants responsiblity to inform them that a CCJ has been paid, but teres no real come back on them if they dont

Seriously, youre making this significantly harder for yourself by failing to read and understand.

nosferatu1001

I have given youa list of questions to answer
ANswet them
If you dont, you havent got a hope of moving forwards on this.

You dont see the point in it, when I have given you TWO DIFFERENT reasons already why a set aside shoudl be granted

Youre skipping over

Stop

Step back

READ. THen READ AGAIN. Then read the reference I gave you to the CPR.

Coupon-mad

If you'd stopped to read the advice properly and not panicked and paid it, you will get on better with this process.

Paying it doesn't remove a CCJ! Why didn't you ask first? Your son's credit rating is currently ruined and paying these does not repair it.

Carry on with the set aside hearing, that your son will have to attend as surely it's his CCJ, as he is the REGISTERED KEEPER (not 'REGISTERED OWNER').

Did you say you had a Criminal Law qualification, and had looked at the legislation? So use your research ability, legal mind and eye for detail. How did you miss the fact that the Registered Keeper is only liable if these pre-requisites have been established:

(a) - a 'relevant contact' must be in existence (that's signage terms and a contract agreed to pay the sum), or a 'relevant obligation' (that's a requirement upon the driver to do something 'relevant').

You have told us you DIDN'T FAIL to register your car at reception.

Therefore there was no 'relevant contractual term' to pay a parking charge and there was no 'relevant obligation' breached, because you didn't breach it.

(b) Another pre-requisite is 'adequate notice of the parking charge' and we bet there was no full sign at the disabled bays...? BPA Code of Practice says there must be. Also is it clear that you must register your Blue Badge every time you visit? If not then the doctrine of contra proferentem applies and the notice was 'inadequate'.

I wonder if you misunderstood the process - you say you 'registered your Blue Badge PREVIOUSLY at the front desk'. I suspect you had to register it on each and every visit, and that the signs were not clear. Are you saying you registered it ONCE then assumed you never had to register it again, because the signs were woeful?

Not that ANY of this is what your son says in his set aside hearing. A set aside hearing is not the main hearing about the case. It's about satisfying a Judge that the Defendant (son) had no claim served, and no opportunity to defend it.

Is that true? He didn't ignore a properly served claim, did he?

You have paid the sum to PE, he didn't, so he didn't agree to that and wants the CCJ set aside due not receiving the court claim (we assume)?

muffintop885

Hi thanks this is a lot of information to take in and will need to work through it


Yes I did the application to court for my son in his name (it was my fault I was driving so didn't want to burden him with something he would find it impossible to understand) I intended and advised court that I would be representing my son as lay person


will come back with the other information when look a the paperwork they sent again


I think its probably best to just abort the whole thing as I cannot prove a date that I registered my badge at the hospital for blue badge parking., this is not something you get a receipt for, you just go to the desk and they are supposed to write it down, they didn't apparently and I don't have a leg to stand on. (literally at the moment!)


Iv sent letters to Watford court today who say the case is not showing as satisfied despite the balance with Parking Eye showing as 0


Iv also copied all letters asking for the balance to be shown as satisfied to Parking Eye and sent recorded delivery.


will go find the other information you asked about the timings of the letters from Parking Eye


Thankyou, oh by the way Registered Owner and Registered Keeper is a term used in Police

muffintop885

Hi tried to add photo but it wont let me on phone looked at my paperwork from PE which states the parking offence was 18th June 2018 BUT their particulars of claim states they are claiming for monies as RO in relation to a parking charge 22/6/18 surely these dates have to match?

KeithP

muffintop885 wrote: »

Hi tried to add photo but it wont let me on phone looked at my paperwork from PE which states the parking offence was 18th June 2018 BUT their particulars of claim states they are claiming for monies as RO in relation to a parking charge 22/6/18 surely these dates have to match?

The Parking Charge Notice can be issued on a different date to that of the parking incident.

I see no problem if the PCN issued on 22nd June relates to an incident on 18th June.

What is RO in this context?

muffintop885

Hi


I panicked because we picked up mail with 3 parking charges totaling over 1,000 we didn't know about as had moved house, my post was being redirected but vehicle was in my sons name as explained earlier threads ... it is now back as my vehicle registered to me but yet if we want to apportion blame its my fault he has the CCJ as vehicle should have been put back in my name.


As for paying it, my thought process at that point was this fine is going to increase so I don't want bailiffs coming round, pay the fine, wipe if off if necessary and deal with the CCJ by setting it aside in court and defending it, (at this point not knowing traffic law I thought it was a case of I could prove without any doubt he was not the driver at the time or in charge of that vehicle, infact I even named myself as driver and was willing to take the CCJ as my fault.)


You are correct I did think you registered your badge once at the hospital as I had been there many times and never ever had any parking charges previously whilst parking in the disabled bay.
I will go check the signage on the disabled bays though - thanks.


Yes ruined my sons credit history, feel just terrible only up side maybe is that it will stop him getting in anymore debt as his file isn't the best and iv been saving him financially for years at my own expense.


ok the case is 6/3, im not even sure if its still going ahead as cannot get answer from the court


I did an acknowledge of service online at the same time as requesting the set aside and a defiance but now know this defiance is useless as we have ascertained that it doesn't matter who was registered owner keeper or driver of the vehicle.


Yes son had moved from the address the paperwork was sent to in the March 2017 and we have a e mail from his landlord estate agents to confirm he was not on the electoral role at the address they sent the paperwork to.


I really don't know what to do now, whether case is still active, whether I had a defiance possibly and if now its all too late.