Parking fee paid | parking eye | ccj!!!

Le_Kirk

ExpatMom wrote: »

Reduced WS to one page.

Any advice re suitable defence? More swaying than I paid??????

If you refer to the NEWBIE thread post # 2, you will find 16 or so defences written by a selection of posters, including Bargepole, Coupon-mad and LoadsofChildren123. Use one of those adapted to sit your circumstances and adding in the bit about "I paid and I have the evidence"

ExpatMom

Le_Kirk wrote: »

If you refer to the NEWBIE thread post # 2, you will find 16 or so defences written by a selection of posters, including Bargepole, Coupon-mad and LoadsofChildren123. Use one of those adapted to sit your circumstances and adding in the bit about "I paid and I have the evidence"

I put up a draft defence 2/3 days ago but did not receive a response presumably because it was too long. I deleted it but still need guidance about the most suitable defence for my case.

THERE IS SOME OTHER GOOD REASON
I paid and I have evidence
I was a genuine customer on site
Breach of UTCCR 1999 & CPUTRs 2008 | Genuine Customer Exception
Failure to follow and Breach of Pre Action Protocol (No Letter Before Claim Received)
Substantial Issues in Law
- Lack of Standing by Claimant
- [STRIKE]No Loss Suffered by Claimant (IRRELEVANT!!!!)[/STRIKE]
- Claimed charge is an Unenforceable Penalty
- No contract with the claimant

Are these any good? If not - could I have specifics which would work for me? Link perhaps?

I can trawl the site for the next year or so but if I can't find a valid, usable, relevant and acceptable defence (by forum's standard) I don't have much chance of success.........

I got all those by reading the thread you mentioned above - just need confirmation they are usable.

nosferatu1001

Youre currently firing off so many posts its hard to keep track

1) Your set aside MUST be done promptly, wihtin at most 3 weeks of discovering you have a CCJ. Have you done this?
You havent, so thats your focus. Get the basic SAR to PE and forget about it

2)
Witness statment - this is the facts around why you should have your set aside granted. Set aside means setting aside the judgement and getting the claimant to refile a claim. it does NOT dismiss the judgement as such, you will never get a court to dothat for a set aside.

So your WS should be simple. You went, paid, responded, and two years later discover a CCJ was filed on Y date, 1 year after redirect etc.... you wnat to show a good long time between YOUR last contact with them and whten THEY filed the claim.

You can state you picked up mails at... Seling the car and telling the DVCLA is utterly and completely irrelevant.

3) Defence - your defence is the contratc was complied with. Parkng was paid for - here is proof through bank statement, they knew this at the time, and still took 2 yeaers (or however) long to file a CCJ

4) Draft order - looks fine. The entire point is to make sure theyre on the hook for YOUR costs if they fail to file a claim properly.

Le_Kirk

IANAL but if it were me, I would start with this one, written by Bargepole and I would add the bits about having paid, the evidence will be submitted at the correct time (already sent evidence to PPC and it was ignored - if that is true), no letter of claim received added in to the appropriate place. I cannot advise about the UTCCR or unenforceable penalty but if you compile your defence and post it here someone with more knowledge/experience than me will critique it.

ExpatMom

nosferatu1001 wrote: »

Youre currently firing off so many posts its hard to keep track

1) Your set aside MUST be done promptly, wihtin at most 3 weeks of discovering you have a CCJ. Have you done this?
You havent, so thats your focus. Get the basic SAR to PE and forget about it

2) Witness statment - this is the facts around why you should have your set aside granted. Set aside means setting aside the judgement and getting the claimant to refile a claim. it does NOT dismiss the judgement as such, you will never get a court to dothat for a set aside.

So your WS should be simple. You went, paid, responded, and two years later discover a CCJ was filed on Y date, 1 year after redirect etc.... you wnat to show a good long time between YOUR last contact with them and whten THEY filed the claim.

You can state you picked up mails at... Seling the car and telling the DVCLA is utterly and completely irrelevant.

3) Defence - your defence is the contratc was complied with. Parkng was paid for - here is proof through bank statement, they knew this at the time, and still took 2 yeaers (or however) long to file a CCJ

4) Draft order - looks fine. The entire point is to make sure theyre on the hook for YOUR costs if they fail to file a claim properly.

THANK YOU FOR RESPONDING TOO!!!!

Yes - SAR is sent.
I'll re-do the WS and Defence AND keep brief! AND YOU GAVE ME A DEFENCE which sounds better than "I paid and I have evidence I was going with". It's how to do the wording I've been struggling with.
Thank you for revert on Draft Order.

ExpatMom

Le_Kirk wrote: »

IANAL but if it were me, I would start with this one, written by Bargepole and I would add the bits about having paid, the evidence will be submitted at the correct time (already sent evidence to PPC and it was ignored - if that is true), no letter of claim received added in to the appropriate place. I cannot advise about the UTCCR or unenforceable penalty but if you compile your defence and post it here someone with more knowledge/experience than me will critique it.

THANK YOU!!!!
I'm heading off to read the thread you linked to immediately.
I will also post A BRIEF defence as suggested.

ExpatMom

SET ASIDE REQUEST

xx May 2019

ParkingEye Limited
PO Box 565
Chorley
PR6 6HT

Your reference: XXXXXXXX

To whom it may concern

APPLICATION TO SET ASIDE JUDGMENT
PARKINGEYE LIMITED v XXXX XXXX

I am writing with reference to the above matter.

It has come to my attention following a review of my credit report on several Credit Rating Sites and Trust Online Registry, that Parking Eye Limited have obtained a County Court Judgment dated XX December 2018, against me.

The judgment appears to relate to claim for monies outstanding in relation to a parking charge, issued XX/06/2018.

Circa June 2018, I attempted to resolve said issued parking charge, via telephone and post, to which I received no response at the time. I sent evidences showing I was a “Customer on site” and that I had indeed paid the Parking Charge. For reasons best known to you, you chose to disregard these and instead proceeded with your spurious claim.

Following a telephone call to the court, I am now aware that ParkingEye Limited have issued a claim at my address XX XX XX, which I did not receive.

It is therefore my intention to submit an application to the court on the grounds that i) there was no service of the claim form; ii) a genuine customer exception applies; iii) I do not owe the said sum because payment was in fact made - and that I have a reasonable prospect of successfully defending the claim.

Accordingly, please provide the following documents:
• the claim form;
• detailed particulars of claim;
• the parking charge ticket and all other relevant documents in relation to the Parking Charge.
• a full copy of the Parking Charge, Notice to Keeper, Letter Before Action, etc.
• all correspondence from Parking Eye addressed to me in respect of the Parking Charge / Claim.
• All correspondence from me addressed to Parking Eye; all data or recordings held on me.
• The PDT machine record from that day, of payments made with unredacted VRNs
• A copy of Parking Eye Limited Car Park Management contract with XXXXXX – with the section on “Genuine Customer Exception” and “Accepted Evidences of Payment” unredacted.

You should be aware that any application to set aside a default judgment must be made promptly and I require the above-named documents from you within the next 7 days from the date of this letter.

If I do not hear back from you by the above-mentioned date, I will have no other choice but to issue an application to set aside the default judgment without further notice to Parking Eye. In this case, I will seek full costs of the application along with all other incidental costs. I estimate these costs to be £255 for the application fee as well as + 30 hours preparation in respect of the application at a rate of £19 per hour.

I look forward to hearing from you by 4pm on XX May 2019

Name
Signature
Date

ExpatMom

The modified WS and Defence are ready. I'd be grateful if someone could vet the Set Aside above and ok for dispatch.

I'm trying not to overload the thread with drafts which may get lost in responses........

Le_Kirk

The draft order looks good, not sure what post # 28 is all about. Have you done the set aside form for the court the N244?

ExpatMom

Le_Kirk wrote: »

The draft order looks good, not sure what post # 28 is all about. Have you done the set aside form for the court the N244?

Yes
I’ve completed the Form N244
I’ve requested SAR to PE (Above)
I’ve drafted the Set Aside Request to PE
I’ve completed the Draft Order (Above)

I’ve also drafted the WS and Draft Defence

POST 28 - I understand I had to notify PE of my intention to request a Set Aside of the judgment? They probably wouldn't respond, but read it should be sent off, like the SAR and proceed with my set aside process?

I was hoping for comments on Set Aside Request to PE before posting the WS and Defence.