Set aside court hearing

jblakes

Afternoon all,

Hopefully somebody can help me, I have a court hearing in a couple of weeks as been issued with a ccj. I challenged it as had no letter saying it was going to court only the original parking fine letter.

They company have sent across some pictures of my car on the date in question, and the sign saying don't leave the premises. Can somebody advise what I am to expect in court and how I should approach this. They clearly have no evidence I left the Site, I can't remember myself tbh. Is it for them to prove I left or for me to prove I didn't?

Thanks in advance

Coupon-mad

Can somebody advise what I am to expect in court and how I should approach this.

Read the NEWBIES thread post #2 but the bit near the end of that section, about set aside cases.

Your court hearing is NOT about hearing your defence/the case itself.

Do not go along half-prepared expecting it to be a full hearing of the claim, it's not, it's for you to prove you never got the claim and that you should be allowed to defend it, and that you have reasonable prospects of success.

Then search the forum for the words set aside Judge satisfied and read what the Judge will need to be satisfied about, from you, on the day.

Don't get this wrong, you need to take the right evidence with you about not receiving the claim and why the address the PPC used was wrong/old/not your fault, or whatever? And have a crib sheet of notes to address briefly why the claim is actually defendable if the Judge grants the set aside.

LATER you then get a full hearing, if you jump through this hoop.

You need to read loads of threads to understand and prepare for this well.

What did you write in your N244 form, what words?

Did you pay £255 and do you know how to argue that the C should be ordered to refund this to you, or that your costs should be RESERVED, so you can possibly claim the £255 back from the parking firm, at the full hearing when you prevail and show their unreasonable conduct in using a wrong address...or whatever they did?

Read set aside threads!

The_Deep

I am puzzled is this a set aside hearing or a hearing for damages for a BOC?

jblakes

I'll read the posts and see what it says. They have opened the case back up as I paid the 255, this will be the heating on whether the parking ticket stands or not.

If I win so I get to claim the money back or have to go to a second hearing on it? On the pages sent it says 20mins so can't be that indepth.

nosferatu1001

So you havent yet had the hearing to set aside the claim - so it is still live.

You dont "win". The set aside is granted or not. If the former, then the C has a live claim against you

Did you include the SIX POINT DRAFT ORDER found everywhere here?

jblakes

I think iam confusing myself. I checked my credit score a couple of months ago and found I have a ccj. I contacted the local court to see what it was. Found out a parking fine for leaving the premises.

Sent off my set aside letter and paid the 255. I only ever received one letter saying parking fine years ago. Never had one regarding court. I have now a hearing at court regarding the set aside.

I assume if it gets granted the case reopens and I can defend myself?

Kind regards

Coupon-mad

jblakes wrote: »

I'll read the posts and see what it says. They have opened the case back up as I paid the 255, this will be the heating on whether the parking ticket stands or not.

No, it won't, it will be the hearing that decides whether the CCJ remains or not, based on whether you satisfy the Judge that the claim was never served. NOTHING to do with a parking ticket, not this hearing, unless the Judge wants an overview of your defence, so have that with you but that is NOT what to talk about in your 20 mins chance to get the CCJ set aside.

If I win so I get to claim the money back or have to go to a second hearing on it?

I already answered that. Please re-read what I said.

On the pages sent it says 20mins so can't be that indepth.

Exactly, which is why you MUST understand this is not about the parking 'ticket'.

jblakes

OK I think I sort of get it now. What would I say to the judge as I received the first letter from the parking company, but no other after. They clearly have the right address, how can I prove that I didn't receive any others. I know for a fact I didn't as I would have done something about it at the time.

Kind regards

The_Deep

how can I prove that I did not receive any others …

You do not have to prove anything, the burden of proof is on the claimant. They would have to prove that you did, (signed for etc.).

ISTR an MP, in the debate of the second reading of Sir Greg Knights bill, expressed the view that a leaving site claim was contrary to the Human Rights Act. IMO it is certainly an unfair term in a consumer contract.

Your brand new Monte Cristo, (£300 in Herrods) is blwn off site, do you not run after it?

Nine times out of ten these tickets are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.