Wife didn't update DVLA with new address. Got a parking ticket we didn't realise which is now a CCJ!

Coupon-mad

There is no fee to pay, as a Defendant now the CCJ is set aside.

Don't forget all this to be listed in a costs schedule, with 2 x hearings and the £50 the Judge reserved:

It was only 50 in the end. Did mention it but he said that would be sorted out during the hearing. Only issue I have is that taking the day off work ends up costing me a fair bit of money

Sam_Brown

Thanks for the advice. I'm struggling to work out which defense best suits our situation.

We had a visitors permit badge but were parking in the wrong place. The street went from not being restricted parking to restricted. Or do we just go for the standard notice to keeper defense about how they can't prove who parked the car?

Coupon-mad

Search the forum, as ever, that shows you decent defences to crib from.

Try these as keywords and change the tick box for result to SHOW POSTS:

permit defence true

...which will find you the most recent 'permit' defence drafts (hence including that word 'true'). Some will be a bit like your situation, I promise.

Add in a point about this (the requirement for temporary new signs for changes):

The International Parking Community (IPC) Code of Practice, of which the Claimant is an accredited member, states “Where there is any change to any pre-existing terms and conditions that would not be immediately apparent to a person visiting the site and which materially affects the motorist you should place additional (temporary) signage at the entrance making it clear that new terms and conditions/charges apply, such that regular visitors who may be familiar with the old terms do not inadvertently incur parking charges. This signage should be in addition to the signage ordinarily required and left in place for an appropriate period.”

As for not being able to prove who parked the car, does the defendant want to argue it in that slightly sneaky way in court in front of a Judge? Some would, because any POFA non-compliance can then kill the PCNs due to no liability.

But not everyone is comfortable with that if they know they (as Defendant) parked that car, a more honest and straightforward position at the hearing is to talk from a true witness POV, about the dreadful signs and why the D thought they could indeed park there and were authorised.

What sort of roadway, remind us, a residential estate where the resident authorised the visitor and had lived there years, and had primacy of contract that pre-existed before the scammers rocked up with crappy unlit cardboard signs secured with cable ties?

Sam_Brown

Coupon-mad wrote: »

What sort of roadway, remind us, a residential estate where the resident authorised the visitor and had lived there years, and had primacy of contract that pre-existed before the scammers rocked up with crappy unlit cardboard signs secured with cable ties?

New housing estate. Parking Company have sent proof they had authority from the landowner to enforce parking in the car parking areas (effectively carparks for each flat) requiring a permit to be displayed and the visitor to park in visitors spot.

This then expanded to like you say signs popping up on the main road which up to that point had no parking restrictions on them.

My own opinion is the signs were confusing as they mentioned parking in dedicated parking space despite that obviously not being the case on main road as no parking spaces existed. I think some of the signs were "updated" with black tape to cover the confusing parts. All the evidence the parking company submitted conveniently only posted photos of signs without this on though. I've also got no proof of these signs as we're talking 2 years ago and I didn't take photos back then.

Umkomaas

My own opinion is the signs were confusing as they mentioned parking in dedicated parking space despite that obviously not being the case on main road as no parking spaces existed.

Just a quick check with you - when you say 'main road', are you meaning the public highway or a private road within the estate?

It might be worth a call to your local council to check whether the road on which the ticket was issued is an adopted road, maintained by the local authority.

Sam_Brown

Coupon-mad wrote: »

There is no fee to pay, as a Defendant now the CCJ is set aside.

Don't forget all this to be listed in a costs schedule, with 2 x hearings and the £50 the Judge reserved:

Silly question but what is a Costs Schedule and how would I go about making one? Is this something that needs to be completed and sent along with the defense?

KeithP

Sam_Brown wrote: »

Silly question but what is a Costs Schedule and how would I go about making one? Is this something that needs to be completed and sent along with the defense?

Not silly questions at all.

It is however one that is readily answered by re-reading post #2 of the NEWBIES thread.

In there you will find several examples of Costs Schedules, lots of guidance on how to create one and also information on when you should file and serve one.

Sam_Brown

Hi All,

It's been a while since updating this thread but wanted to give everyone the good news that after the initial court appearance where the CCJ was removed a few months back that the parking company missed the deadline for them to submit a new fee and the whole thing has been struck out.

Want to give thanks for everyone that helped out as there have been a lot of you but especially Coupon-mad for his knowledge and time spent answering my never ending list of queries or pointing me in the right direction. Without him pushing me I think I may have buckled at one point and just paid so I'm glad you helped convince me to fight.

Only thing I want to say is the Newbie Thread is really intimidating and difficult to navigate and get to the information you actually need. 90% of my posts were met with "check out the newbie guide" and I was sitting thinking "I'm bloody trying but I can't make sense of it!!!". Reckon it would be really beneficial if it could be tidied up a bit and maybe some sort of flow chart stating what parts are needed at what point in the proceedings. Just my $0.02 so feel free to ignore

Le_Kirk

Thanks for the update and feedback. Did you get your fee refunded? Coupon-mad is a lady. Many people have suggested a flow chart but it has been decided against that so many times.

Umkomaas

Want to give thanks for everyone that helped out as there have been a lot of you but especially Coupon-mad for [STRIKE]his[/STRIKE] her knowledge and time spent answering my never ending list of queries or pointing me in the right direction. Without [STRIKE]him[/STRIKE] her pushing me I think I may have buckled at one point and just paid so I'm glad you helped convince me to fight.

I thought I might just fix that for you!

Well done on getting the monkey off your back.