Set Aside due to failure to file AOS, parking fee paid on time for incorrect VRN via PayByPhone App

amali

Hello everyone,

I have tried to read through the NEWBIES thread as well as some of the relevant links today but I think I have a lot more research to be done. I would like some advice before I proceed please.

To give some context:
I parked at Parking Eye, Aire Street, Leeds and paid the full amount on PayByPhone for the default VRN (named driver, not registered keeper, old car which had been sold by the date of the incident but not removed from the app), rather than for the correct VRN (different vehicle for which I am registered keeper). I have PayByPhone evidence of payment. Looking at the parking charge, there is photo evidence of my new car with new VRN (rather than the old default VRN on PayByPhone) parked at the car park with no display ticket.

Timeline:
Incident 17/06/2019 - Parking without valid permit at ParkingEye, Aire Street, Leeds
Parking charge issued 20/06/2019 – ignored, NOT APPEALED.
Received claim form 21/10/2019 – accidentally ignored (unfortunately put it away and forgot about it due to being busy with work rota) and NOT ACKNOWLEDGED on MCOL
Received judgment for claimant (in default) 19/11/2019 – again forgot about it until today
SAR filed 28/11/2019

I understand I do not qualify for a consented set-aside as I failed to file an acknowledgment of service within 14 days, despite having received the letter. Therefore is the best course of action to pay the CCJ (to avoid poor credit ratings) and at the same time, apply for a standard set aside? Although I am unsure what grounds on I can base this on at present.

Also, looking at examples on the forum, it seems overall very time consuming to try and argue this. Most of the set-aside examples I can see are of cases where the correspondence has been sent to the wrong address. In my case, it was a failure for me to respond.

Please can you advise whether it would be worth applying for a set aside (time spent on this vs paying the 197 fee while accepting risk to credit score which I really want to avoid) as well as what arguments may be relevant to applying for a set aside as unfortunately it was purely due to my failure to respond to being on a very busy work schedule (which will again make it difficult to complete the research and write a statement in a timely manner)? If there is sufficient grounds to file a set aside, I will aim to do further research and begin to draft it this weekend.

I really look forward to hearing from you. Many thanks in advance for your help!

Umkomaas

I understand I do not qualify for a consented set-aside as I failed to file an acknowledgment of service within 14 days, despite having received the letter.

Very difficult to find any reason for any set aside. They want £197, a set aside costs £255. Do the math.

If you're out of time to pay by the court deadline, do not pay, come back for more advice.

amali

I can’t see a deadline by which to make the payment or respond on either the Judgment for Claim (Default) letter or on the MCOL website. *Edit: payment is required within 1 month of the letter issue date so I still have a bit of time.*

If I accept the claim and pay the £197 fee, would that have any impact on my credit rating?

KeithP

amali wrote: »

If I accept the claim and pay the £197 fee, would that have any impact on my credit rating?

No, none at all - as long as you pay it in time and demonstrate to the court that you have paid it - show them a receipt.

amali

Oh I see, so if I pay on time and provide the court proof of payment, the judgment will be removed from the Register and therefore no longer affect credit ratings.

The number of times I’ve read that paragraph in the Judgment for Claim letter... ��

Thank you both for your help. I’ll complete the payment and do as advised.

nosferatu1001

Yes, make sure you notify the court just in case