Court form received help requested

sadwithoutmynelson

Really glad the ccj will be set aside . Do you know Kong it will be before my credit file reflects this ? I have my house documents somewhere. Judge said I agreed for the management company to do what’s best when purchasing the house as they came as part of my new build house purchase and I can’t ave a say on it even though I never signed anything to agreed for them to manage my spots. So he has ethe estate management company have hired the UK cpm, part of the parking company’s contract says I need to display a permit so I should. Judge also said that parking companies have a right to charge what they want and they have their fees too, despite the reference I out in my defence. He said the costs mean that if I want to have it go to a hearing the costs will go up and I might end up with high costs. He asked did I want to take that risk? I said yes . Did I do the right thing? Do I still have a chance of winning this? He said I need to sent the defence in within 14 days and then a directions questionnaire will follow and I can simply request for the hearings to be made into one and ty can make multiple cases against me. So a little disappointed and confused to be honest...

Coupon-mad

 Apparently when purchasing the house I agreed into letting a management company manage my land. 

On what basis did the Judge conclude that this included costs for parking your car?  There was zero evidence in front of him/her.

Well done on the set aside and staying strong.  You need to submit a defence and witness statement together, plus your evidence all in one go I suggest, because otherwise with these set aside cases you are never given an opportunity to file and serve a WS & evidence (which is wrong).

So your defence will be based on adapting the TEMPLATE DEFENCE (see top of the forum) to make sense for a case where you never agreed to onerous parking charges at home.  There are LOADS of threads like yours about parking in someone's ''own space'' so search the forum for those 2 words.

Your WS needs to include exhibits such as PACE v Noor, as well as Link v Parkinson and Jopson v Homeguard. 

All those transcripts are easily found in the Parking Prankster's second page of 'MORE CASE LAW' (Google it, as ever).  And your WS can be copied from any other good one someone has recently done where they own their house.  You will soon see some good ones when you search, try searching for 'witness statement Noor' or 'witness statement Jopson' etc. on this forum.

Did you say there were two set asides, or a second claim or LBC?  What's the status of the second one?  Have you got to defend BOTH at once?

Le_Kirk

The documents will be the key to this case.  You need to calm down (easy for me to say), have a cup of tea, read your purchase documents and get on with your defence (and probably witness statement and evidence).  Seems to me the judge had a lot of knowledge about your case - does he live next door!  It is up to the claimant to prove what they/the judge is saying with fact and evidence.  Your job is to find any and all of the agreements you signed.  Difficult to prove a negative (I didn't sign any agreement) fortunately it is for the claimant to prove their case. 

nosferatu1001

Indeed. Give yourself a break as well. Too caught up in this. 

sadwithoutmynelson

So the two cases are different case numbers with one heard today. I had stated that there are multiple cases for the same thing and should be heard as one but the Judge said I can only request that . So this is the case where I didn’t file the defence in time and so got a ccj by default because I got confused between the two cases. 

Judge said its a well known fact that parking companies now have rights to enforce their charges despite the references you put, so I didn’t understand why he said that . 

I’m glad the ccj will be removed but I am worried about the charges. I did stick to my guns and say yes I’d like a hearing. The charges such as the set aside fee and all the parking charges will be decided when the hearing takes place , whenever that will be . 

I’m not sure when the hearing for the other case will come up either. 

Yes a bit caught up in this because it was my fault for not filing the defence in time by getting confused with the two cases and resulting in the default ccj, so conscious to that not happening again. 

Think I will actually go and have breakfast. It’s been a long day. 

Also how long will it take for the ccj to be removed from my credit file ? I need a car would you believe. 😩😄

nosferatu1001

Could takea  month before agencies are updated. 
The judge is wrong. SImple as. They can only enforce the charges if the charges have a lawful basis. These arguably do not. 

Umkomaas

Your case wasn't held in a Cardiff/South Wales court by any chance?  There's a Judge in that area who sides with PPCs operating on residential estates, as his daughter has trouble with fly-parkers on her estate, and he thinks that PPCs are the way forward to rid any private estate of their problem!

sadwithoutmynelson

I have no idea where he was from but was very argumentative in favour of the Parking company and said they had rights and now it has become a well known fact they have rights and can enforce charges. Maybe it was the same judge ....

DoaM

Because Beavis, innit. 🙄

That's what you'll have to make sure is rebutted in your defence and WS. PPCs try to trumpet the Beavis case as a landmark ruling, and some judges are hoodwinked into believing them, but it is anything but. That's why you need to identify the But......

sadwithoutmynelson

I had Beavis in defence bundle I emailed to the courts but the judge seemed to be sided with the Parkin company even though they didn’t attend the hearing which I didn’t know they wouldn’t be.