CCJ Set Aside Private Parking Ticket

Hedwig732

Hey all,

Firstly, I do apologies if this has been covered elsewhere (I have also read a few of the newbies threads especially the ones about set aside but struggling to interpret this into the exact context of my situation) and also I am a little frazzled and done a lot of research without getting any clear idea as to where I stand. Anyway, to the point:

Background:
Moved house Sept 2018 and I have only recently (within past two weeks) realised that I have a CCJ on my credit file from my old address dated November 2019 (14-15 months after I moved house). This is for a parking ticket that I've received when playing 5-a-side football at DW. I received absolutely no communication about this to my new address. Needless to say I am very frustrated at this as it's completely destroyed my credit and really want it to be set aside but not really sure what the likelihood of that is.

The issue here is I thought I had updated my V5 or whatever it is too my new address but obviously didn't in the madness of moving (and it was my first house purchase so stressful enough as it is), which I ultimately have to put my hands up for. I also wrote the car off in Nov-30-2018 and just never really thought about it since then and got a new car end of December 2018 (obviously updated to the new address). I want to get the CCJ set aside based on the fact that I genuinely had no idea about the parking ticket, and if I did would have obviously responded accordingly (I also think the parking ticket is invalid as I have played at DW every week for a year and half at my new address and never once had a parking ticket but my main focus is trying to get the CCJ set aside.

Does anyone know what the likelihood of getting the CCJ set aside is as obviously £250 is a fair amount of money that I don't want to waste if there is no hope? My concern is that ultimately the courts will just say it is your fault for not updating the V5 even though I thought I had. 

Any advice would be greatly appreciated.

Thanks a lot!

Phil

Ralph-y

Hi, and welcome to the forum

we will ned a little bit more info ........

who is the PPC? was this at the DW stadium or the socerdome?

I take it that you have read the set aside section of the newbies thread ?

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou/p1
make sure you start at the first page not last

Ralph

Hedwig732

Hey Ralph, 

Just to answer your questions first:
1. It was issued by Parking Eye.
2. It's at a DW store that also has 5-a-side there (powerleague). 

Yeah I have read through the newbies post and some (admittedly not all) of the linked threads and although they share similarities I'm still unsure if I have any hope with successfully getting it set aside. 

Thanks!

Phil 

Coupon-mad

 I'm still unsure if I have any hope with successfully getting it set aside. 

But we haven't seen one refused in about 3 years, what's unclear?

Hedwig732

Coupon-mad said:

 I'm still unsure if I have any hope with successfully getting it set aside. 

But we haven't seen one refused in about 3 years, what's unclear?

I wasn't aware of that, I've seen a few posts in similar situations but doesn't mean its always the same. So you think if I went the route of set aside based on being completely unaware of the judgement due to moving house it'd probably be successful?

Coupon-mad

99% yes - mandatory set aside is likely, same as all the other cases.

But the advice on the set aside threads, from @henrik777, is to ask the PPC by email, for their consent to your set aside application first, because then the court fee is £100 instad of £255 for an uncontested set aside (no hearing needed).

NB:  You will learn all this is you simply read posts in the past month or two by @henrik777, but a set aside WITH CONSENT is NOT NOT NOT telling you to offer to pay the PCN, nor that you are meant to agree to that if they try that trick.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

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 later this year,

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

henrik777

The circumstances of each set aside are usual different but broadly similar.

The vast majority are where people have moved but not updated their V5 (some are where they did update but it was during the changeover).

The argument is thus,

The claim form was never served and default judgment was obtained where the circumstances didn't allow it to be so. Claimant is to blame - set aside awarded with costs. Costs should always be awarded to you if successful. (CPR 13.2 mandatory set aside)


Or the court disagrees with the service issue, so then you move to plan b.

Plan b is

You have a great defence

or

The court thinks you have a good reason for setting aside. (Didn't get paperwork, can't move house, can't get job etc)

Or

You should be allowed to defend.

Either of those AND you acted promptly. Costs are harder to win in this alternate plan but not impossible.




Now there are various tactics depending on an individuals own circumstances.

Always always always ask for consent. It's easier, it's cheaper and it doesn't give the opponent much wiggle room on costs if they later concede.

Someone who is desperate to move house/job might concede to paying the application fees and the ccj amount as they have a priority of making their life easier but that doesn't mean everyone should offer it when asking for consent. Far from it.

Hedwig732

henrik777 said:

The circumstances of each set aside are usual different but broadly similar.

The vast majority are where people have moved but not updated their V5 (some are where they did update but it was during the changeover).

The argument is thus,

The claim form was never served and default judgment was obtained where the circumstances didn't allow it to be so. Claimant is to blame - set aside awarded with costs. Costs should always be awarded to you if successful. (CPR 13.2 mandatory set aside)


Or the court disagrees with the service issue, so then you move to plan b.

Plan b is

You have a great defence

or

The court thinks you have a good reason for setting aside. (Didn't get paperwork, can't move house, can't get job etc)

Or

You should be allowed to defend.

Either of those AND you acted promptly. Costs are harder to win in this alternate plan but not impossible.




Now there are various tactics depending on an individuals own circumstances.

Always always always ask for consent. It's easier, it's cheaper and it doesn't give the opponent much wiggle room on costs if they later concede.

Someone who is desperate to move house/job might concede to paying the application fees and the ccj amount as they have a priority of making their life easier but that doesn't mean everyone should offer it when asking for consent. Far from it.

Hi Hennik,

Thanks a lot for this information, I've read through it and similar but as you say all of the cases are somewhat different which is what makes me nervous. Based on what you have said and Coupon-mad I should contact Parking Eye and ask for consent to set aside based on not being aware of the CCJ? If they turn around and say "it isn't our problem you didn't update the V5" though then would I say that they should have used other means to find my updated address, such as bank / utilities / council tax updates etc...?

Thanks a lot again everyone! 

Phil 

henrik777

Don't copy this !!!!!!.

Dear moron,

You obtained a ccj xxx against me on xxxx. Sadly i had long since moved from xxxx and the address you used was out of date. It would appear that although you received no response at all you still didn't perform any kind of basic trace to find me. I believe this is contrary to the rules of service CPR 6.9 as you had reason to believe i no longer resided at xxx.

As such, i am going to apply for a set aside.

I am asking you to consider CPR 1 and consent to a set aside to save on costs, court time etc.

I propose that x pay the set aside fee xxxxxxxxx

Please respond at your earliest convenience but no later than 7 days 

Yours


If they don't reply after 3/4 days you need to chase them or they'll probably say "sorry didn't get it"

Hedwig732

Hi Hennik, 

Made me chuckle at the start of that!

Thanks a lot for that I'll definitely send it today. Can you just clarify what you mean with this point?
"I propose that x pay the set aside fee xxxxxxxxx" 

Thanks so much for all your help. 

Phil