Court Case VCS EMA East Midlands Airport BP Gas Petrol Station CCJ Trying Adjourn defence

Le_Kirk

They both are headed DEFENCE and contain 31 paragraphs.  Do you have a CCJ, when was it issued and why?  A six-point draft order is specific to a set-aside, search the forum to see what one looks like.

nosferatu1001

Sohail - please answer - under what grounds have you applied for a set aside? 

Sohail12345

D_P_Dance said:

Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

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

Need to start my research to find out eho MPs are for East Midlands Airport area. 

D_P_Dance

You need to write to your own MP not the one for EMA

Sohail12345

Le_Kirk said:

They both are headed DEFENCE and contain 31 paragraphs.  Do you have a CCJ, when was it issued and why?  A six-point draft order is specific to a set-aside, search the forum to see what one looks like.

CCJ says. The claim is for breach of contract for breaching the terms and conditions set on private land. The defendants vehicle was identified in the fuel station in 3rd quater of 2019 in breach of advertised terms and conditions. Namely stopping in a zone where stopping prohibited. At all material times the defendant was registered keeper and or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer anf the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely the parking charge notice will be issued, and the defendant has failed to settle the outstanding liability. The claimant seeks the recovery of the parking charge notice, contractual costs and interest. 

Le_Kirk

That is not a CCJ.  Have you been to court and lost your case?  You cannot get a CCJ unless you have.  That reads more like the particulars of claim from a claim form from CCBC.  Is that right?

Sohail12345

nosferatu1001 said:

Sohail - please answer - under what grounds have you applied for a set aside? 

Denies that claimant is entitled to relief in sum claimed. 

Due to the defence that is attached.

Then i posted evidence that passenger was also customer at the shop, for less than 2 minutes. 

Sohail12345

Le_Kirk said:

That is not a CCJ.  Have you been to court and lost your case?  You cannot get a CCJ unless you have.  That reads more like the particulars of claim from a claim form from CCBC.  Is that right?

You have not replied to claim form. Its ordered for me to pay.. So basically They passed the Default judgement and asked for  due to failure to reply.

So... 
I believe the judgement should be set aside. 

Le_Kirk

They have issued a default judgement because you didn't reply to the claim form by submitting a defence or submitting a defence in time.  You need to read some set aside threads.  Search for user Henrik777 and read some of his threads.
Did you submit a witness statement (WS) before you received the telephone hearing date?  Did it include a six-point draft order?  What was the reason you gave in the WS for the CCJ to be set aside?

Sohail12345

Le_Kirk said:

They have issued a default judgement because you didn't reply to the claim form by submitting a defence or submitting a defence in time.  You need to read some set aside threads.  Search for user Henrik777 and read some of his threads.
Did you submit a witness statement (WS) before you received the telephone hearing date?  Did it include a six-point draft order?  What was the reason you gave in the WS for the CCJ to be set aside?

I did submit a Witness statement but after looking at the telephone hearing thread suggetsed to me in this thread. I will be adding to my evidence for content. I gave the defence points. What should have i given?