Defence template adjusted for parking charges.

DBTHype

The only other page attached to this is the guidance for core bundles.

Jenni_D

If the C has emailed to say they'll compile the bundle then that aligns with what I said earlier.

Make sure you have sight of the bundle before it is submitted to the court, and make sure the C hasn't tried to play tricks and doctor your documents.

Coupon-mad

Yep, make sure your WS and evidence and application et al, is included in this 'agreed bundle'.

DBTHype

Hi folks.
I'm in need of assistance. 

After being granted the set aside and a new court date I attended court to find the claim extinguished as I had paid the fine and neglected to enter a counter claim!

Since then I have opened a new claim against PPL but it has been struck out as I did not disclose reasonable grounds for bringing the claim. It was wholly impracticable and did not set out any adequate basis for fact or law.
The order does say I may apply to have it set aside.
  
Do I again complete: 1 x Application notice (N244) + payment £275.00                                 
                                  1 x Draft Order
                                  1 x Witness Statement
                                   

Le_Kirk

Above my pay grade I am afraid.  You might be lucky as @Johnersh has been active today and he is a solicitor.

Coupon-mad

DBTHype said:

Hi folks.
I'm in need of assistance. 

After being granted the set aside and a new court date I attended court to find the claim extinguished as I had paid the fine and neglected to enter a counter claim!

Since then I have opened a new claim against PPL but it has been struck out as I did not disclose reasonable grounds for bringing the claim. It was wholly impracticable and did not set out any adequate basis for fact or law.
The order does say I may apply to have it set aside.
  
Do I again complete: 1 x Application notice (N244) + payment £275.00                                 
                                  1 x Draft Order
                                  1 x Witness Statement
                                   

I think you take it on the chin and walk away.

Doing this isn't anything we would have advised.

I don't see that you had any grounds to file a claim. What legal grounds for a claim were you hoping to establish?   You can't just speculatively file a claim for money and hope (with no legal reason) to claw back a PCN that you accepted & paid.

Draw a line under this and get your own back with a robust response & views to the Government's final Public Consultation when it opens soon.  The thing we've been banging on about for months since the greedy parking industry Judicial Reviews.

DBTHype

Umkomaas said:

That deadline date of 1st June (next Tuesday) for payment looms large. If you don't pay by that date, you've got a CCJ blitzing your credit rating for 6 years. Essentially, after today, you only have tomorrow (Monday is BH and courts will be closed) to get anything resolved to halt this in its tracks. 

You should pay the full amount (no payment plan, which still leaves your credit rating shot), then seek to have the judgment set aside, for which there is a cost (but the court may decide that they have some culpability and waive it), and get this reset, with the prospect of recovering your money.  I'd contact PPL's solicitors (is it DCB Legal?) and arrange the payment through them. You need to also get a copy of proof of your payment to the court so they don't record you as a defaulter on the payment. 

I hope that forum set aside expert @henrik777 sees this post today, and can confirm that my advice is correct. 

I'm afraid time and circumstances are not on your side. 

I've never accepted the PCN. The day I attended court I couldn't put my argument forward as the judge said he could not act on it as I had extinguished the claim by paying it, which was the advice I had taken from here.

DBTHype

When requesting the first set aside in my WS I stated that I paid the sum ordered not because I accepted fault but to protect myself until such time as the court could review the court error.

The court advised. "Upon the Court considering if any remedy were to lie for the defendant it would be issuing a fresh claim where he is the claimant"

Coupon-mad

So the court said to issue a claim, so you did.  But how did you word the Particulars of Claim?

DBTHype

Online I can only find this. 

Reason for claim:

3.1. I am making a fresh claim against Premier Parking Logistics  as it was not possible to make a counterclaim to the concluded claim of - claim number.

I have a rough draft of particulars of claim but not sure if I sent this in?

Particulars of claim.

A clerical error during a defend claim (claim No) meant that in my absence the hearing was found in the claimants favour. I asked for the decision to be set aside with proof of the error, which was granted.

Due to current covid restrictions/delays I paid the sum ordered but explicitly noted in my witness statement that I was not accepting fault but making payment until such time the court could review the courts error.

Trial was held on (date) but vacated as the debt had been paid resulting in the claim being extinguished.

I now bring this claim myself for recovery of the amount paid + costs and damages to defend claim (claim No)

I would like to state that throughout claim (claim No) I have not had chance to put my argument forward before a judge.

the rough draft above was on a N1A form, I'm not sure but think I sent this in to the court by post?