CCJ by Parking Eye removal advice

nosferatu1001

Yep, there are dozens upon dozens of threads. THe process is set, known, and there are no questions needed on it because all the info is out there. 
Your WS is about the set aside, and why they did not serve the form on you because they did not use a good address. This, again, is in dozens of threads. 

edvas

I sent my application  for a judgement set aside and last weekend received a letter that a telephone hearing will commence on Monday morning, and I should contact the claimant within three days from the day letter was issued and give them my contact information.
The claimant, ParkingEye don't have a contact phone listed on their website, and it takes them like a week to get through emails, and I had less than two days in till hearing. They should have my contact information on the N244 form so I called and emailed county court saying I can't contact claimant in time due to reasons above, and they should have my contact number.
In the end I wasn't contacted for the hearing, and lady at County Court said there is too many files to go through the case to tell me how it went and I should contact ParkingEye instead. So did Ioose chance for set aside, or I can do something about it. I am not sure what to write to ParkingEye about the matter as well as I don't have information if they proceeded with a hearing without me or not.

Coupon-mad

You only had to ring or email them, or just give your phone number to the court.

Did you spend £255 on a hearing you didn't attend?  Good luck...this doesn't bode at all well so cross your fingers.    Of course the hearing went ahead, you paid for it and you knew the date & time.

This could be the first CCJ set aside refused in years, due to not following our advice or asking us (we'd have told you to give your number in an email to court and P/Eye and of course, we have their email).

edvas

I got letter Friday evening and hearing was scheduled Monday morning. I rang court on Monday and sent email stating why I didn't get in touch with Parking eye, and they have my co text inf8rnatiin on n244. Someone was supposed to pass it to the judge, but th3y didn't get back to me on the matter.

edvas

The hearing was adjourned. Any advise for telephone hearing would be appreciated, I'll quote part of the letter I got prior to the hearing.

Please find enclosed our response to your application to set aside judgment. Please note that we oppose your application and we can confirm that we have enclosed our written submissions for the court’s consideration. Our attendance at this short hearing would incur costs of travel or representation. We are mindful of the need to mitigate costs and therefore shall not be attending the hearing. Please note that we are happy for this hearing to take place in our absence but we have asked that the Court make no order as to costs.

...

It is ParkingEye’s position that the Defendant does not satisfy any of the mandatory or discretionary grounds for the setting aside of a regular default judgment pursuant to Part 13 of the CPR.

The Defendant’s principle reason for applying to have judgment set aside is that they had no knowledge of the Parking Charge or any related proceedings. 

 ParkingEye can confirm that we issued a total of 4 letters to the Defendant prior to legal action and that the Claim Form was also issued using the same address, before being served by the Court. We note that the Defendant will also have been served with a copy of the Default Judgment. 

The address used by the Claimant is the address as held by the DVLA for the Registered Keeper of the vehicle and remains the Defendant’s current address, as outlined within their application. 

ParkingEye note that the Defendant has provided no submissions in relation to a proposed defence to the claim. ParkingEye submits that the requirement for a defence to be raised is a paramount consideration when a court is determining whether or not a regular judgment should be set aside and it is clear the Defendant does not address the same within their application.

Given the above, it is ParkingEye’s position that setting aside the judgment would be disproportionate and that the Defendant could potentially incur further costs in taking this matter to a final hearing with little chance of success. ParkingEye also submit that the application has not been made promptly as required by CPR 13.3(2). 

For these reasons, we request that the court dismisses the Defendant’s Application as there are no grounds to set aside the Judgment in accordance with CPR Part 13.

Le_Kirk

What reason was given for the adjournment?  If they didn't attend, presume they did not request it and nor would you?

edvas

Possibly because of a short notice to me and the claimant during pandemic.

The Court has made this order of its own initiative without a hearing. The parties’ attention is drawn to the right pursuant to CPR 3.3 (4) and (5) to apply to have it set aside, varied or stayed within seven days of the date of service of this order.

Le_Kirk

edvas said:

Possibly because of a short notice to me and the claimant during pandemic.

The Court has made this order of its own initiative without a hearing. The parties’ attention is drawn to the right pursuant to CPR 3.3 (4) and (5) to apply to have it set aside, varied or stayed within seven days of the date of service of this order.

...... and now they are giving you even shorter notice of an adjournment.  You could object to it (as it states in the court order) and ask for it to continue - if the date hasn't passed.

edvas

I could, but ParkingEye won't be participating in the hearing, due to reasons listed couple posts ago. They think they'll win it cause they followed procedures, ibwaz wondering if I could make any point to object that, or just follow with original story that it was served at my old address and hope for best.

Coupon-mad

They did follow procedures when they OBTAINED the data from the DVLA at first, but later, when shaping up to sue a person from whom they had heard nothing (reason to suspect the person may well have moved) they took no reasonable steps to find you.  It was easily within their gift to do a basic trace.