IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

CCJ parking fine support

Options
1246711

Comments

  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Question about the defence template, is it as simple as changing points 2 and 3 to my situation? Do I leave points 4 to 17 as they are or do I modify these too? 
    Thanks. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 2 November 2020 at 1:26PM
    If any paragraph needs modifying you will have a reason to do so , never say never , because there may be the odd case where more needs to be done

    Post any modified paragraphs for checking , which is usually just those two

    In your case the judge only needs to see there is a possibility of a Defence , they won't be delving into it , it does not concern them because it's a set aside , they will skim read it and leave if for judge number two , later down the road
  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Thanks Redx. Looking at some of the paragraphs within sections 4 to 17, I am struggling to agree or disagree as I was not the driver who got this parking ticket. It was my ex-girlfriend who was driving my car and got this parking charge. I was the registered keeper of the car. Therefore, I am struggling to answer/confirm the following:

    Point 4 and 6  - I don't know if the small print on the signage was small or unclear. Therefore, do I remove this point or is it better to leave it in for them to deny it? 

    Point 5 - I don't know what the original penalty charge was but I have a CCJ in excess of £300 which seems high (relatively). Therefore, I guess this point is valid even if I cannot fully confirm it. With regards to the following extract from the defence template:
    "At para 419, HHJ Hegarty found that adding £60 to an already increased parking charge 'would appear to be penal' and unrecoverable.  ParkingEye had dropped this punitive enhancement by the time of Mr Beavis' famous parking event."
    I am not sure if £60 was added as I don't have the breakdown of the costs. Should I modify this or just leave it? 

    Point 7 to point 15 - I guess I don't even touch these points as it is explaining other cases and how the defence results. 

    Point 16 and 17 - no change required. 

    Sorry for the questions. I will draft my defence tonight when I am back home from work. I will post here for comment... thank you all again.  
  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    I tried finding the answers to these questions in another thread but I unsuccessful. If there is another thread regarding a CEL defence statement please let me know and I will read up on there to stop having lots of questions which I assume are repetitive.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 2 November 2020 at 2:36PM
     I never analyse defences , other than to spot obvious errors

    Landowner authority , poor and inadequate signage are always questioned in any appeal and in any defence

    I do not believe at all that it was a Penalty notice , parking companies tend to issue parking charge notices so it is more likely to have been one or more parking charge notices

    As this is a set aside topic I also do not see why you are focussing on the defence at this stage , the judge will not me ruling on it or debating it , it's ancillary to the set aside process , a side issue

    Your SAR should flush out pictures and documents , your research should give you your evidence

    These questions are more important for the later defence plus witness statement plus exhibits stage submissions for hearing number 2

    My personal opinion is that you are straying into legal advice territory , meaning you should be paying for a lawyer , this is not a legal aid forum and never was one
  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Redx said:
     I never analyse defences , other than to spot obvious errors

    Landowner authority , poor and inadequate signage are always questioned in any appeal and in any defence

    I do not believe at all that it was a Penalty notice , parking companies tend to issue parking charge notices so it is more likely to have been one or more parking charge notices

    As this is a set aside topic I also do not see why you are focussing on the defence at this stage , the judge will not me ruling on it or debating it , it's ancillary to the set aside process , a side issue

    Your SAR should flush out pictures and documents , your research should give you your evidence

    These questions are more important for the later defence plus witness statement plus exhibits stage submissions for hearing number 2

    My personal opinion is that you are straying into legal advice territory , meaning you should be paying for a lawyer , this is not a legal aid forum and never was one
    I think you are right. I think I will just submit the N244 form with my witness statement and draft order. Following the first hearing I will see how it goes and what are my next steps... 

    Agreed, I will need the SAR to confirm some of the details that I listed above. 

    Thanks for your support. 
  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Hi all,
    I received a consent order response from CEL. Please see an extract below:

    "The CCJ will be marked as satisfied once payment is received in full, however it will not be removed
    unless an application to have the Judgment set aside is successfully made with the Court.
    There are particular circumstances in which the Court may set aside judgement – the main reason is
    where it appears to the Court that there is a good reason for setting aside Judgment. An example of a
    good reason is that you did not receive the claim form and were therefore unaware of the claim. The fact
    that you have subsequently settled the Judgment debt is not ordinarily a good enough reason to allow the
    Court to set aside Judgment.
    We invite you to inform us of why you failed to respond to the claim before judgment was entered. If
    you are in any doubt about the content of this email, you should seek independent legal advice. We will
    agree to your application to set aside the Judgment if the Judgment debt is satisfied."

    By the sounds of it, they want me to provide further evidence however, I thought my consent letter (via email) provided this already (obviously not enough or they didn't read it). Therefore, shall I just go down the non consent order now? 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Reply with your reason or reasons , asking them for full consent , assuming that you wish to pay the CCJ plus to pay the £100

    If you are not willing to pay for everything then it's a contested set aside because you are seeking costs plus would be trying to win in court regarding the original court claim

    So it depends on what you want , because they have no reason to object if you are footing the bill for everything , because they get the CCJ payment and it costs them nothing at all , a win win for them
  • jayM_2
    jayM_2 Posts: 50 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker
    Redx said:
    Reply with your reason or reasons , asking them for full consent , assuming that you wish to pay the CCJ plus to pay the £100

    If you are not willing to pay for everything then it's a contested set aside because you are seeking costs plus would be trying to win in court regarding the original court claim

    So it depends on what you want , because they have no reason to object if you are footing the bill for everything , because they get the CCJ payment and it costs them nothing at all , a win win for them
    Thanks Redx.
    For the full consent option, I could share my witness statement as my proof and ask for full consent. Otherwise, I will go down the non consent route if they don't agree. Do I just send an email or do I have to create a letter via an email as a response?

    With regards to the costs, I don't think there will be much difference in terms of the two options, if I don't retain my £255 initial non consent costs. 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 4 November 2020 at 8:33PM
    We are not experts in this field , so can only offer common sense of what we think , this is not a legal forum and nobody is allowed to give legal advice, it's a parking forum , we give facts and personal opinions , usually as lay persons

    I would suspect that you can email them , especially if they emailed you , how you do this is up to you , either a reply or a new one , depending on the address they sent if from , do some digging !!

    A with consent set aside costs you £100 and you pay this and the CCJ too , that is the point of it and what I suspect that they are agreeing to , so add the sums together for your total amount to pay

    The contested set aside is £255 , which you may not get back

    I am still not sure what your intentions are !!
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.7K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.4K Spending & Discounts
  • 243.6K Work, Benefits & Business
  • 598.4K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 256.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.