CCJ Set Aside Private Parking Ticket

Redx

Bear in mind that a set aside of the CCJ may well be successful , they usually are

But a judge also needs to see that a defendant has a chance of defending in a future hearing if it's a contested set aside, so needs a reasonable defence to the original court claim

So 2 hearings when it's a contested set aside , hence why you are asking for one with consent , meaning that normally you pay the £100 fee plus the claimants costs and charges

Therefore you are deciding which route to take and what their stance will be , before embarking on your chosen set aside route

So a lot to think of , it's not a simple process

Hedwig732

Redx said:

Bear in mind that a set aside of the CCJ may well be successful , they usually are

But a judge also needs to see that a defendant has a chance of defending in a future hearing if it's a contested set aside, so needs a reasonable defence to the original court claim

So 2 hearings when it's a contested set aside , hence why you are asking for one with consent , meaning that normally you pay the £100 fee plus the claimants costs and charges

Therefore you are deciding which route to take and what their stance will be , before embarking on your chosen set aside route

So a lot to think of , it's not a simple process

Hey, 

I may be being stupid here but could you explain that a bit more. Although I don't believe I should have to pay the ticket as I play five a side I'm not really bothered paying it if it helps set aside the ccj. But are you saying if I get them to consent to a set aside I have to then also defend it (not a problem doing this either as per the reasons above)?

Also what exactly do you mean by the claimants costs and charges? As in parking Eye court fees? 

Thanks 

Phil

Redx

yes I am saying all the above

you need a legal defence for a contested set aside and it costs you £255 and you may lose, still have to pay and cannot get back your £255 if you lost, so can be expensive unless you win in court (the second hearing is the hearing in court about the old court claim, or a revised one where you either win or lose

a with consent set aside is normally granted where you pay the outstanding charges plus pay the £100 fee as well and because its with consent there is no need to defend because the matter is concluded by you emptying your wallet or purse and paying everything in sight which is why they would agree to it

henrik777

X depends on xxxxxxxxx.

Basically who pays and why.

Coupon-mad

 But are you saying if I get them to consent to a set aside I have to then also defend it?

Of course - it this unclear in the CCJ SET ASIDE section of the NEWBIES thread?  There are two hearings, unless the PPC drop the case after the first successful set aside hearing (or consent).  Dropping the claim after a CCJ is set aside is quite common, especially if you get the retailer to put pressure on the PPC.

You shoud read more set aside threads to understand this simple (once you understand it) two step process.  Try clicking on @Henrik777's profle and his 'replies' listed there, will show you every set aside thread this year.  Read them!

Hedwig732

Coupon-mad said:

 But are you saying if I get them to consent to a set aside I have to then also defend it?

Of course - it this unclear in the CCJ SET ASIDE section of the NEWBIES thread?  There are two hearings, unless the PPC drop the case after the first successful set aside hearing (or consent).  Dropping the claim after a CCJ is set aside is quite common, especially if you get the retailer to put pressure on the PPC.

You shoud read more set aside threads to understand this simple (once you understand it) two step process.  Try clicking on @Henrik777's profle and his 'replies' listed there, will show you every set aside thread this year.  Read them!

Hey Coupon,

Sorry I may have been unclear in what I was trying to say as I thought if I went with set aside with consent I would just pay PE the fine and then it is all closed off - I didn't realise I would have to also defend. Without consent I did know that there were always two hearings but I thought set aside with consent could only be one if I just paid them the ticket. Either way I don't mind going to defend anyway. 

I'm going to send the email that Hennik drafted above as the first step though and see where that gets me. Really appreciate all the help. 

Kind Regards,

Phil 

Coupon-mad

I thought if I went with set aside with consent I would just pay PE the fine and then it is all closed off...

Why would ANYONE do that?

My reply yesterday at 11.05pm covered this! 
 I took pains to say this to you with 3 x the word 'not' in case you missed it...

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.