Ccj request set aside Parking Eye

muffintop885

Hi, ok thanks thought it was a way out, RO they have put this in POC and presume this means Registered Owner

nosferatu1001

Yes, but as you know, because youve been told umpteen times, "registered owner" is not real
It doesnt exist
Its gar bage to keep talkkng about it.

muffintop885

I am in a state for sure, way out of my depth with this traffic civil stuff.


I had a hearing as you know set for 6/3 which was going to be hard to get to as the litigation friend (me) helping my son as just had foot operation


I had a major panic yesterday after reading all the notes here I thought well that's it Im stuffed. No way out of this one. So I wrote to court and Parking Eye this morning (wouldn't have arrived yet) stating I just didn't want to go ahead (as in my son) .................... now im thinking I shouldn't have done that and at the least should have given it a go What can I do, been trying to call court all day. Shall I do letter quickly and send special delivery to say on reflection want to keep the date? could I ask for more time to get more evidence together now I have been advised to get to the hospital and look at the signage.


Is there a way I could add more evidence / defense? does this have to be on a particular form or can I just write it in with the statement from son?


Really in the most terrible of mess and son furious he has got a CCJ quite rightly

muffintop885

I know this and its irrelevant now, its just it was on the POC from the Parking Eye
Most importantly now im looking for advise as per my last post as cancelled the hearing by letter which wouldn't have got there yet and now want to go and give it a go.


Your right he was registered on the elec role from march 2018 and the fine came to the address in june 2018 and was not heard in court for ccj until September so they didn't really make reasonable efforts to see if he was living at the address they sent paperwork to

muffintop885

Just going back a stage. Barnet are saying I didn't register my badge, I am saying I did, my daughter was with me when I went to the desk to show it to the lady. Would this not be a defense

Le_Kirk

You could use your daughter as a witness in the witness statement stage.

waamo

You need to evidence that you have paid and show it to the court. If PE don't tell the court (and why should they bother) the court will never know.

I hate to say but this is a situation of your own making and you are going to have to put in a fair amount of legwork to fix it.

muffintop885

Hi

Ok Iv taken all day to sit and go through all your responses in great detail and tried to understand where your all coming from, please bare with newbies its not easy to try to understand legislation. Yes I know I messed up so I don't need to feel any worse than I already do and yes I know I have possibly ruined my sons credit file but here it is.

I paid the fine as it was over a month and would not have been written off at that stage (obviously we did not know about it)
My only concern now is not the money but getting the CCJ removed from my sons file, even if it goes on mine... I parked my vehicle there in all good faith knowing I had a blue badge and had registered it, obviously there is no way I can prove or disprove this.

I have tried to write a subsequent defence for my son, whether the judge will take it into consideration in time for the hearing on 6/3/19 I don't know but I don't have any other choices and have searched and searched the court files for a form that you can ask for further evidence to be considered without success. I have also spent most of the day on hold to Hertford Magistrates Court.

So if any of you are still with me and I hope you haven't given up on me please find my defence before I post it.
On 18th June 2018 at 10:07 hours the vehicle which was registered to me at that time xxxxxx was used by my mother xxx of xxxx to park in a disabled blue badge bay at Barnet Hospital Patients Car Park for which she had previously registered her valid blue badge to do so at the concierge desk in the ground foyer of the hospital as instructed to do by staff.
A copy of the valid blue badge was sent to Parking Eye as evidence.
Exhibit DS/1


My mother was accompanying my partner who was having a baby and attending a scan and documentation from the hospital with the date and time of this appointment is attached.
Exhibit DS/2

I work at xxx and have a letter from my employer to show that on the dated of the incident 18th June 2018 I was on school premises all day and therefore could not be driving this vehicle. Exhibit DS/3

The evidential picture on Parking Eye website appeals clearly shows a female driving the vehicle.
Exhibit DS/4

On 13th March 2018 I moved out of the family home at xxxx and took up a new tenancy with my partner which was a rented property through Ashtons Lettings in St Albans. My new address was registered with the local council at St Albans and I was on the public electorial role. The address xxx was my permanent address and was showing on my credit files.

I attach an e mail from the Head of Lettings at xxxx Dip.RLM who confirms I was living at this time at this address and would have not been aware of any post that was sent to my previous address by Parking Eye.
Exhibit DS/5

On 15th November 2018 I received notification from my mother xxx that she had been advised by the new owners of our previous address xxxx that some post had arrived in my name. The owner said he was sorry but had been out of the country and this was the reason for 5 months delay. I had notified DVLA of my change of address for my driving license and was registered at my new address xxxx

On receipt of the post there was a Parking Eye letter dated 26th July 2018 in relation to a fine for a parking charge reference xxx dated 18th June 2018 at Barnet Hospital.

A letter from Parking Eye dated 10th August 2018 Letter before County Court Claim

Realising my mother was driving the vehicle she immediately lodged an appeal with Parking eye on my behalf on 15/11/18 Appeal reference xxx attaching a defence and copies of her blue badge parking, letter from xxx

As we did not want the fine to increase in the meantime £197.00 was paid on the 15th/11/18 via Parking Eye Automated Service

A request to set aside the CCJ at court was lodged at the same time with a defence by N244 online.

A number of e mails were exchanged between the Barnet Hospital PFI Contracts Manager xxx about why the blue badge had been registered and the vehicle therefore legitimately parked in a dedicated disabled bay by my mother who had permission to drive the vehicle and was main insurer. Requests made to Barnet Hospital for ANPR data for the amount of times the vehicle entered the hospital and was refused stating they do not hold this information.
Barnet hospital could not prove or disprove that the blue badge had not been registered as they did not supply any receipts once this had been done and my sister was with my mother when she registered the badge at the concierge desk and has provided a statement to this effect.


Exhibit DS/6

Request to set aside was granted for a hearing to be held Hertford Magistrates Court, Hertford on xx March 2019 in order to have the CCJ and negative data on my credit file removed.
Hertford Magistrates Court is not my home court, this is xx and I would greatly appreciate if this case could be moved there.

In summary Parking Eye Ltd would have realised in 3 months that they had not had any response to their letters and that it may have been that the defendant did no longer reside at that address. A simple check of the Electoral Role and credit file checks would have confirmed this but instead they went ahead and issued a CCJ which has devastating effects on the future of myself and my families future for 6 years.

The vehicle was parked in a blue badge disabled parking bay for which consent had been agreed by Barnet Hospital, therefore there was no ‘relevant contractual term’ to pay any parking charge to Parking Eye and therefore would have been no ‘relevant obligation’ breached.
Barnet Hospital do not publish any rules that state you need to have your blue badge registered on every time you visit the hospital. This vehicle xxx was used regularly at this hospital and had never received any previous fines.

As I was not living at the address since March 2018 as mentioned above I could not have reasonably been expected to defend the case and did not knowingly ignore the correspondence from Parking Eye.

Although the monies were paid for the fine in order not to escalate any further costs I respectfully request that the CCJ is set aside and removed from my credit file.

ShakeItOff

This isn't a criminal case, so it wouldn't be heard in Herts Magistrate's Court. It would be a county court.

Have a read of the NEWBIES thread (post #2) for information about Set Aside hearings. You would normally need to submit a draft order and witness statement with your N244 application. There are loads of examples on this board (including mine, which is active) about CCJ set asides and how to structure them.

muffintop885

Thank you for your kind response you know what I thought the exact same thing and don't understand at all but it does say Hertford Mags Iv just been and checked again, also when i looked for their e mail address it said that all correspondence for this court goes to Watford County Court... I'm really confused and without being able to get hold of the court im at a loss what to do, I wonder if maybe the Mags and Civil court are all in one place now in Hertford. Will try to get hold of Watford tomorrow so far they are the only ones that have picked up the phone