Ccj request set aside Parking Eye

muffintop885

Hi,

I have consent written from son to act on his behalf as LITIGATION FRIEND, he can take it from here but initially it was really confusing for me who had a little insight into courts but no civil law experience apart from family law. So for him to get his head around how on earth you can be 'guilty' of an offence when it wasn't you driving was too confusing as it was for me until you pointed out the legislation for which I am grateful

Coupon-mad

OK but you do know he has to turn up? And at a set aside hearing they might not even let you speak, as this is not a full hearing. Your son might be required to speak about why he didn't receive the claim and to prove why.

Did he do as advised and email ParkingEye to tell them to ignore the letter you posted? He can't leave them thinking the set aside isn't going ahead.

When you spoke to the court did you tell them to ignore your letter when it arrived? I am concerned at this panicked scatter-gun approach which might confuse the court and ParkingEye, unless you were perfectly clear to both, to ignore your letter.

[Deleted User]

I have consent written from son to act on his behalf as LITIGATION FRIEND,

Unless your son

A. lacks mental capacity to understand the proceedings OR
B. he is a minor (a 17 y.o. driver, perhaps)

You are NOT a litigation friend and will not be permitted to undertake that role which, in law, effectively allows you to stand in his shoes to defend this.

You may be able to act (with his consent and in his presence) as a lay representative. That is different and is, in effect, what Coupon describes above. Judges aren't always familiar with the role, so do print out that rule. One of the forumites may have a link to hand.

Strictly speaking, if you admitted being the driver (which I think you have already done or are willing to do) you should point out to the court that, s. 4(6) of POFA would permit them to pursue you instead.

Thus your son should be permitted his defence and the claimant isn't prejudiced as they can still get paid on the ticket. The fact that they have chosen to continue with the litigation in the knowledge of why the notices were not received is therefore rather unpalatable and in fact a waste of time and cost.

muffintop885

Hi thanks Yes he knows he will have to our case forward He understands his defence requests and sent letters recorded delivery to Parking a Eye and court with updates copybof defence.

Court advised case going ahead and e mailed Parking Eye too.

Is it a possibility Parking Eye would agree out of court to not attend hearing and set aside CCJ? If they thought the case was likely to go In Our favour? Is it worth putting this to them ?

nosferatu1001

I doubt they will attend the hearing. Its not usually worth their time.

Le_Kirk

sent letters recorded delivery

Have you checked that they have been delivered? Normal advice is not to use a signed for service, as the PPC can just refuse delivery and then they have proof it wasn't delivered. Best to use free Certificate of Posting from a Post Office counter.

Big_oil

How can you start a thread

Le_Kirk

Big_oil wrote: »

How can you start a thread

I note you have managed to find the NEW THREAD button now!

Coupon-mad

muffintop885 wrote: »

Is it a possibility Parking Eye would agree out of court to not attend hearing and set aside CCJ? If they thought the case was likely to go In Our favour?

Yes - the NEWBIES thread tells you about the option of a set aside 'with consent' but you'd have to pay ParkingEye off a huge sum too. And if that's what you intended you should have tried it first as the court fee is only £100, not £255.

muffintop885

Hi thanks for your post I now understand that I would be a Lay person and not Litigation friend but think my son has his head around it now after all the advise we have received the avenue we will be taking apart from the fact that it is completely unjustly unfair as I did have permission to park in the blue badge bay with a blue badge and registering my badge (cannot be proved or disproved apart from a letter from my daughter who as with me at the time) I think barnet hospital need to find a process like a ticket or receipt to give to people who register their badge.

Plus all the other evidence albeit doesn't take away the fact that he was the owner of the vehicle at the time but it clearly shows he was not and could not have been driving the vehicle or in the vehicle for that matter, however the final road is to state as advised here that Parking Eye did not make any reasonable steps to find out if my son was actually on the electorial role at the address they sent their fines to and got no response.

The judge may consider that I/we did try to negotiate with Parking Eye prior to the court hearing in order to avoid wasting everyones time but they would not accept this.

Yes I guess as im named then I would get the CCJ which is just devastating for me as its taken me 7 years to pay off my debt and have all defaults wiped from my record and for the first time have a good credit score.

Also because I did park in a place that I was told I was able to so 6th March is looming and the court know we are attending.

If there is any other legislation you can suggest prior to the hearing to read very grateful .