Please help!Letter from Newlyn

nosferatu1001

nikkietoni said:

Thanks but does she not have to convince the judge while sending in the set aside request that if she had appealed the pcn she would have won the appeal or is that when she faces the judge at the set aside hearing? Thankyou 

Youve not read the process, yet. 
13.2 provides for an automatic set aside, if she can prove service was not effected
13.3 provides a DISCRETIONARY set aside, under "any good reason", the *usual* route being to show that she has a good defence to the underlying claim. 
Writing such a defence is a complete doddle and is done EVERY time by EVERY set aside respondent. 
Get your head round the terminology here. 

Le_Kirk

nikkietoni said:

She moved home in 2018 and no mail was forwarded to her from her previous address so she had no way of knowing she had a pcn. She recently changed her address with dvla so this is why they have now sent her this letter. 

She could have a hard job convincing a judge to set it aside given that it is self-inflicted.  Have you/she thought about a set-aside with consent.  It only (only!) costs £100 as against £255 but she will need to get in touch with the PPC and agree to pay the £100 PLUS the original (fine) invoice.

nikkietoni

Thanks do they usually agree if you offer this to them.. although she had anxiety issues and her marriage was breaking up with setting up home with her daughter and trying to keep with her job which is long hours .. sge had so much going on so missed unfortunately her dvla change of address.. in fact she was staying elsewhere for a long time before she moved in to her now home. Her husband also may not have forwarded her mail or where she was staying at the time may have ripped up her mail ... long story .

twhitehousescat

if the parking co have  spent money on court and instructed bailiffs they are uniquely to allow a "with consent" , they can pop round anytime and collect full amount . or get instalment plan or attachment of earnings , or even a new car for there fleet 

nosferatu1001

twhitehouse - not true!
They would rather get the "with consent" because it involves the D paying up in full, without further agro
Parking eye does this all the time. 

twhitehousescat

parking eye dont get the liked of newlyn involved , they are just happy doing "credit clamping" 

nosferatu1001

OK
Doesnt alter the point
They would much prefer money paid to them. It costs them literally nothing. 

nikkietoni

I am really confused now.. not sure what to do...
appeal for set aside or pay almost £500 to the parking company??? My daughter absolutely cannot afford that!! It is all a absolute nightmare and causing so much anxiety  

nosferatu1001

Youve not been given conflicting advice
STOP calling this an appeal. It is not. It is an Application for Set Aside
You have TWO choices, and time is fast running out. Pick ONE and go with it. Or suffer the credit issues. We cannot solve your financial issues, sorry. Thats not our responsibility here. We;re just guiding you as to what you can choose to do.
1) Set aside WITHOUT consent. Will cost £255 to apply UNLESS your daughter qualifies for help with fees. Find the latter out.
You have to set out reasons under CPR13.2 and CPR13.3 
13.3, Auto set aside - the C is required to use a known good address, yet they didnt do so. If they never got ANY reply to the address they used, then that address is NOT known to be good. So tell us - when was the PCN issued? When was the court claim? If you dont know, work back from the date of the judgement - around 28 days pruior to this will be when the claim was issued. The LONGER period between the two dates, the better. Because the more they *should have known* they did not have a good contract
13.3 - any other good reason - show there is a defence
IF the set aside is granted, the court claim starts again, and the question of who pays the £255 usually follows the claim, ie if YOU win, THEY pay your costs which will include this £255. 
2)  Get the C to agree to a set aside WITH consent. Will involve paying the total amount of the claim, PLUS £100 to file the application with the court. 
Thats it
Those are the only options.
YOU are the one to make this decision. Do it and do it *quickly*. Your daughter has a *duty* to make the application promptly. Usually this means within 3 weeks of learning of the CCJ.

Redx

Her ability to pay or not is irrelevant at this time although you were given advice on this aspect by myself and by coupon mad over on page 1 earlier

You are asking for advice on what can or should be done in order to fix the problem , then being given the solutions to that problem , if it costs nothing to achieve , or if costs several hundred pounds to achieve

Look at the actual problem and actual solutions , not the costs of action or inaction , because both apply