Parking fee paid | parking eye | ccj!!!

ExpatMom

Thank you - I've moved that bit to my Defence.

ExpatMom

Touching base to say the Set Aside Hearing is next week Friday. Parking Eye have emailed court, cc'ing me - stating as follows.....

".......We ask the court to note that we oppose this application and we can confirm that we have enclosed our written submissions for the court’s consideration.

Please note that we are happy for this hearing to take place in our absence, as our attendance at this short hearing would incur further costs which we believe would be disproportionate to the amount of the claim. Alternatively, we would be required to arrange for representation, which would pose similar difficulties. We wish to stress that we mean no disrespect to the Court and we request that the Court considers the enclosed documentation in respect of the application filed.

Finally, we wish to confirm that we are seeking that no order be made as to costs. In this regard, we respectfully remind the Court of its duty to consider the Overriding Objective, as set out in Civil Procedure Rules. We wish to highlight CPR 1.1(2)(b), (c) & (f), which place a duty upon the Court to deal with claims in a proportionate manner, including as to costs, and to ensure compliance and enforcement of the Civil Procedure Rules and Practice Directions.

No idea what all that means - but I've my statements all ready and good to go....(Skeleton Argument / Draft Order / Witness Statement / Draft Defence / Costs Schedule)

I'll update outcome....

Coupon-mad

Finally, we wish to confirm that we are seeking that no order be made as to costs. In this regard, we respectfully remind the Court of its duty to consider the Overriding Objective, as set out in Civil Procedure Rules. We wish to highlight CPR 1.1(2)(b), (c) & (f), which place a duty upon the Court to deal with claims in a proportionate manner, including as to costs, and to ensure compliance and enforcement of the Civil Procedure Rules and Practice Directions.

No idea what all that means

It means, regardless of outcome, they want YOU to remain burdened by the £255 N244 fee and loss of salary/leave, and travel/parking etc., for attending this first hearing.

So no going along with that at the hearing.

YOU must ask the Judge for your £255 fee to be awarded against the Claimant, or that costs are 'reserved' till the full hearing, because a litigant in person should not be so hugely burdened by costs as well as the stress of finding that a notorious parking firm has sneakily recorded a CCJ at an old address behind your back.

Sounds like you need to gen up on the Government's position and Sir Oliver Heald's words so that you DO have an idea what to say to the Judge.

Search the forum for Oliver Heald and have that Govt press release cited on other set aside threads, among your evidence of the transactions on your Bank Statement, and evidence (proof of being in the USA, proof of PO redirection, and a witness statement from your sister?).

You want the Judge to be satified that you were 'there to be found' at the redirected address and took very sensible steps to get all mail while you were in the USA, and you updated the DVLA. And that the fault lies with the Claimant who did not properly trace & serve the letters or the claim.

Remember that P/Eye could only ask the DVLA once for your address so even though you updated it between then and now, this would not have resolved the issue of the old address held by P/Eye, and the DVLA and BPA have make it clear to AOS member firms that they must take all reasonable steps to trace the address of the victim before filing a claim (I think that's even in the BPA CoP).

So the point to get across to the Judge is that you didn't fail to keep your post and addresses up to date and it seems clear that P/Eye must have used an incorrect address or surname spelling or something like that, for the PO redirection not to have picked the post up & sent it on.

You'll have the advantage of being the only one at this first short hearing, but you'd lose part of that advantage, if you walk in blind and not realising that P/Eye have attempted to wash their hands of your costs.

If you do not speak up about that and at least get the nod to your costs being 'reserved' as the case is defendable, you will regret that later on, as this costs a lot of money and time so you want the chance for your costs at the end if you win the case.

ExpatMom

Very Sneaky indeed!!!! Didn't realise the meaning - thank you for clarifiying xx

And the points you raised - I'm reading up on the kind suggestions and incorporating into what I'll say. I'm a bit nervous - also a bit !!!!ed that after all the anxiety and work I did on application, PE's decided not to turn up!

Thank you @ Coupon Mad x

ExpatMom

I had my set aside hearing today. 10am at St Mary’s court. I arrived 9.55am, checked in with the usher and took a sit.

I was #1 listed in Court 8 so was hoping I wouldn’t have to wait for too long.

Started drafting this to post an update - whatever the outcome was.

The court wasn’t very busy though there were a number of people there.

PE had already sent an email that they wouldn’t put in appearance so wasn’t expecting to see them.

Two young girls came out in succession, in tears, no idea what their cases were all about but felt really upset for them.

There’s a guy with a very very loud voice discussing payment details, payment dates and if the payment went in by next week, would the ccj be cancelled?

By 11am, there were just 2 of us left albeit still waiting.

11.00am - Still waiting. Checking AirBnBs for October half term. Looking for houses near the sea, indoor pool, surfing lessons etc....dreaming of lobsters at Jamie Oliver’s Fifteen Cornwall restaurant at Watergate Bay.

11.08am - Still waiting. One ear listening to ushers discussing their holidays. One’s counting down the days to her next holiday, a wedding she’ll be attending and what she’ll be wearing.....

11.12am - Still waiting. Still two of us waiting. Getting a bit antsy…….I knew it wouldn’t be 10am on the dot but still....I hope my “antsy-ness” won’t translate into prickliness with judge.

Loud voice man is back. Wants to know if judge’s decision will be sent to him? By email or mail?

11.20am - name called! Finally.

11.30am - I’m out!!!

The Judge asked if I had a legal background, said he was impressed with the presentation. I said I read Law, went to Law School but never practised.

He said I submitted lots of documents – I apologised for swamping him but wanted to give best defence.....

I didn’t get a chance to read through my statement.

He gave a brief recap of my case. He emphasised that I was only entitled to 3 hours free parking if I’d registered the car with Reception. He stated that because I had paid, and not registered the car, but had gone beyond the two hours I paid for – the parking charge had become due.

I agreed saying that in retrospect I would have insisted on registering the car if I had known it would become an issue. The receptionist at Marriot did say it was fine and not necessary since I had already paid.

I raised the issue of “genuine customer exception” and “promissory estoppel”

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

I stated that it is trite knowledge that genuine customers of a setting such as
Marriott’s Hotel, are exempted from car park charges if the reception is aware of the service booked and paid for. AND can evidence this with receipts / bank statements IF it becomes an issue.

Linking this to the "Genuine Customer Exception", I asserted that PE cannot deny a fact that has already been settled as truth. They are estopped from claiming
monies for parking at Marriott’s Regents Park if proof exists that the person is a genuine customer.

The judge accepted that it does seem to have become established knowledge that one can park for free if using an establishment and can prove service used inform of receipts, bank statements etc.

I raised the issue of an identical Parking Charge Notice allegedly incurred on 20 December 2018 at 15.55, at the same Marriott Hotel Regents Park Car Park- by the same insidious parkingeye !!!!!. The Charge was cancelled and a refund cheque processed. I was the same person involved, in my partner's car, in the same circumstances; same hair appointment at the salon, same brunch at Carlucci’s, BUT interestingly no parking fee paid. An identical defence of
“Genuine Customer was made evidenced with Bank Statements, which resulted in Ticket cancellation and refund.

It is instructive to note that on this occasion, a Parking Fee was NOT paid because the Hotel Reception again informed me there was no need to pay.

It is thus puzzling why the present case in issue – where a parking fee WAS paid, Bank Statement showing proof, has resulted in Claimants vexatious and obstinate persistence in pursuing this injustice.

I asked on what basis Claimant persists in rejecting the submitted appeal? PROBABLY BECAUSE I SCRAWLED !!!!ING !!!!! on the NTK and sent it back to them!!!!! The judge said I should use this at defence.

The judge said he would allow my defence. Case transferred to Clerkenwell Court.
And judgement set aside.


I asked if I could ask about costs? He said I should raise it at defence.

He then said – "that’s it. Have a good day, Don’t forget your documents". He confirmed the court had my current and accurate address and that was it.

I really didn’t feel I’d covered everything but it was obvious the decision had been made. So I smiled, said thank you very much – have a good day too.

The Usher says the court decision will be sent out in couple of days.

Outside – I’m wondering what exactly happened and what the next steps are.
I have a feeling I should have said more – I felt the judge pushed everything to defence but I’m grateful and relieved at the outcome.

So. I guess my question is 1) How to remove ccj from my credit history. And 2) what to do whilst awaiting the Court’s decision? Obviously work on my defence – which I have already done. So I guess, I have to wait and see if PE will continue with the claim.

A bit gutted I didn’t get to see the clowns who issued the vexatious and vindictive CCJ – but really glad I can put another finger up in their face. !!!!ing prats!

A MILLION THANKS TO COUPON MAD and the helpful members who gave their insights on my thread. I am truly grateful – I couldn’t have done this without you all. :T:T:T

nosferatu1001

1) Done by the court
2) write your defence

You could write into the court and state you understand the issue of costs has been RESERVED - ie your £255 set aside plus any other costs associated with the CCJ will be decided at the susbstantive hearing.

ExpatMom

THANK YOU!!!! Will write now.

It just occurred to me - what if PE decide NOT to proceed with claim - how do I get costs paid? Just chuck it up to bad luck? good riddance too ccj? or take it up in court.......a nightmare I'm not about to consider.

Redx

you ask the judge to make it a costs hearing , in order to claim back your costs as a costs order, so ensure you have drafted your costs schedule

nosferatu1001

WHich is why you want costs reserved. This means there HAS to be a hearing - a costs hearing - even if they discontinue.

Le_Kirk

When you applied for the set-aside, did you submit a six-point draft order which would have covered the eventuality that PE do not proceed?