Parking fee paid | parking eye | ccj!!!

Coupon-mad

I’ve drafted the Set Aside Request to PE.

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?

No, you don't have to request from the parking firm, a set aside that you are doing 'without consent' with a hearing and a court fee of £255.

ExpatMom

Coupon-mad wrote: »

No, you don't have to request from the parking firm, a set aside that you are doing 'without consent' with a hearing and a court fee of £255.

Ha!!!!!! Thank you. I'll bin that.

Is it ok to post the WS here now?

ExpatMom

WITNESS STATEMENT


IN THE XXX COUNTY COURT

BETWEEN

PARKING EYE LIMITED
CLAIMANT

And

xx xx xxxx
DEFENDANT

CLAIM No xxxxxxxx


WITNESS STATEMENT OF xxxx xxxx


I , I, xxxx xxxxx of xxxxxxx, being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. xxxxxxxxJudgment dated xx/12/2018) be set aside.

2. CPR 13.3 states
(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
i. the judgment should be set aside or varied; or
ii. the defendant should be allowed to defend the claim.

3. I learnt of the existence of this claim on xx May 2019 when I checked my Credit File and Trust Online Registry after an application for a mobile device from o2 was rejected

4. My Tenancy ended at the address on xx July 2018 and I moved away temporarily to enable the landlord carry out refurbishment work on the property. A redirection service was in place from 01 July 2018 – 01 July 2019 to ensure I did not miss important mails. [EXHIBIT A]

5. I did not acknowledge or defend the claim originally because I did not receive any correspondence from the claimant.

6. The ONLY correspondence I acknowledge receiving from the Claimant was a Penalty Charge Notice on or around June 9 or 10, 2018. I responded immediately informing the Claimant that on June 6 2018, I had attended a xxxxxxxxxx located at xxxhotel addressxxxxxxxx.

I attached my Barclays Bank Statement showing the transaction (EXHIBIT . I informed Claimant I paid for parking in the underground parking lot and also attached my Barclays Bank Statement showing the transaction (EXHIBIT C). The parking fee then (June 2018) was £3.80 per hour. I paid £7.60 for two hours, as reflected in my bank statement. I did not keep the Parking Ticket because I did not expect to need it. In retrospect, had I realised how unscrupulously vexatious and mendacious the claimant is, I would have kept it. Regardless, I did not hear back from Parking Eye instead they have elected to pursue this matter via litigation.

7. As stated above, on 15 May 2019, 10 months after my Royal Mail Redirection with no contact from Parking Eye, I discovered a CCJ was filed on 11/12/2018, six months after my initial response to the PCN from ParkingEye (see 6 above) which was not acknowledged.

8. On 18 May 2019, and 22 May 2019, I made an online and written submission to the Claimant informing them that the Parking Ticket was null and void ab initio because I had paid for parking, including evidence in (6) above.

9. The Claimant did not respond to my correspondences.

10. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

[STRIKE]11. I therefore respectfully request that the Court to dismiss this claim in its entirety or set aside the judgment in this claim and allow 14 days for me to submit my defence.
[/STRIKE]
Statement of Truth

I, xxxxxxxxx, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed:

Dated: 22 May 2019

Umkomaas

10. It is my position that, under the doctrine of promissory estoppel, the Claimant has no standing, or cause of action, to litigate in this matter.

I’ve not read back over the entire thread, but can you explain where/why you are putting forward 'promissory estoppel'?

Coupon-mad

Agreed - remove this phrase:

under the doctrine of promissory estoppel,

As this is a set aside, why are you not copying what others do and including in the WS the Government quotes about unfair CCJs being caused by parking firms:

https://forums.moneysavingexpert.com/discussion/5969620/ccj-set-aside-cel-help-please

That example shows some Government Consultation quotes in post #40 where that OP has written a skeleton argument as the Judge in his case wanted to see his defence (not all Judges will want to hear as much about a defence but this is all good knowledge for you and you could quote the Govt consultation in your WS and the fact they blamed PARKING FIRMS...as seen in the link I gave in that thread much earlier on.

ExpatMom

Umkomaas wrote: »

I’ve not read back over the entire thread, but can you explain where/why you are putting forward 'promissory estoppel'?

I may be over-reaching (or copying blindly!!!) but my thinking is that genuine customers of the setting are exempted from car park charges if the reception is aware of the service booked and paid for. In my instance, I had already paid for parking BEFORE entering the hotel and having my appointment. The salon informed me the reception would validate my parking ticket. I informed reception on way out and they said it was fine as I had already paid.
Linking this to the "Genuine Customer Exception" - I am assuming (maybe wrongly?) PE cannot deny a fact that has already been settled as truth.......?

I may be off track completely BUT THIS IS WHY I NEED HELP AND GUIDANCE.......

ExpatMom

Coupon-mad wrote: »

Agreed - remove this phrase:

As this is a set aside, why are you not copying what others do and including in the WS the Government quotes about unfair CCJs being caused by parking firms:

https://forums.moneysavingexpert.com/discussion/5969620/ccj-set-aside-cel-help-please

That example shows some Government Consultation quotes in post #40 where that OP has written a skeleton argument as the Judge in his case wanted to see his defence (not all Judges will want to hear as much about a defence but this is all good knowledge for you and you could quote the Govt consultation in your WS and the fact they blamed PARKING FIRMS...as seen in the link I gave in that thread much earlier on.

PHRASE removed...and I'm reading the link you posted right now........

1505grandad

Para 6 - should be PARKING C N?

ExpatMom

1505grandad wrote: »

Para 6 - should be PARKING C N?

Parking Charge Notice - Right...Thank you!

Coupon-mad

ExpatMom wrote: »

I may be over-reaching (or copying blindly!!!) but my thinking is that genuine customers of the setting are exempted from car park charges if the reception is aware of the service booked and paid for.

In my instance, I had already paid for parking BEFORE entering the hotel and having my appointment. The salon informed me the reception would validate my parking ticket. I informed reception on way out and they said it was fine as I had already paid.

Linking this to the "Genuine Customer Exception" - I am assuming (maybe wrongly?) PE cannot deny a fact that has already been settled as truth.......?

I may be off track completely BUT THIS IS WHY I NEED HELP AND GUIDANCE.......

You are spot on, that will be the main part of your defence, but at set aside hearing stage, it is NOT defence stage unless the DJ wants to hear something about that from you just to satisfy themselves that you have more than 50/50 prospects of success.

We'd say you certainly do, if you can evidence those facts at the later full hearing.