CCJ for a private firm parking ticket- incidental find. All correspondence went to old address.

Coupon-mad

Is it too late now to rewrite my entire witness statement? hearing is 19th may 

Have you already submitted it?

I have looked many times on the other threads but often people have other defence points and I havent seen one when the only defence is like mine, that the letters went to an old address because v5 was not updated. Most others have other reasons which makes the ws specific to them and mind boggling to read  

You are not meant to be looking at defences. 

Pretty much EVERY CCJ set aside thread we see is about someone who didn't update their V5C.  ALL of them are the same, this happens every week on here. Your thread is right next to two I read earlier tonight, at least one of which absolutely covers what @Johnersh and @henrik777 have been telling you.  I am not linking them, go get the wording, go find the ones with CCJ in the thread title.  By now I was hoping you would have copied one of them and adapted it.  Could have been done in the past 2 hours since I mentioned the other CCJ threads, you'd have had to wording to adapt within minutes.

Herbie2312

Johnersh said:

The PCN was for £100.  It is the fact that it has not been paid and they've issued proceedings that has led them to add the additional charging.

But just because you admit to the PCN doesn't mean that you admit they are entitled to recover additional charges. Again, there's lots on these in the forum. I take the view that where those charges are generic and not to indemnify actisl costs, they can and should be specified in the contract terms on the sign. 

Interesting. So the additional costs when I didnt respond ( because I didnt get the letters) are not legal and can be challenged? As they were not mentioned in the parking lot signage? Am I getting this correct? Ie should the signage say if not paid additional monies will be added or words to that effect? 

Herbie2312

1505grandad said:

Please do not refer to the speculative invoice as a "fine" in any correspondence.

So in my ws I should use the term invoice?

Herbie2312

Coupon-mad said:

Is it too late now to rewrite my entire witness statement? hearing is 19th may 

Have you already submitted it?

I have looked many times on the other threads but often people have other defence points and I havent seen one when the only defence is like mine, that the letters went to an old address because v5 was not updated. Most others have other reasons which makes the ws specific to them and mind boggling to read  

You are not meant to be looking at defences. 

Pretty much EVERY CCJ set aside thread we see is about someone who didn't update their V5C.  ALL of them are the same, this happens every week on here. Your thread is right next to two I read earlier tonight, at least one of which absolutely covers what @Johnersh and @henrik777 have been telling you.  I am not linking them, go get the wording, go find the ones with CCJ in the thread title.  By now I was hoping you would have copied one of them and adapted it.  Could have been done in the past 2 hours since I mentioned the other CCJ threads, you'd have had to wording to adapt within minutes.

Ok coupon. I am on it. I will not look at defence at this stage especially as the parking fines were in jan 2019 and I found out about the ccj in jan 2021. 2 years ago! I cannot recall anything re circumstances that I could put together in a defence due to time lapse. . Yes ws send weeks ago. Looking at things now it was rubbish and my solicitor did not tell me otherwise. I will add to my ws about reasonable steps not taken to find me as no response from letters should have made the claimant think I do not live there. Do you think that will hold.up as a mandatory set aside or will it be down to judge discretion ?

Coupon-mad

 I will not look at defence at this stage especially as the parking fines were in jan 2019 and I found out about the ccj in jan 2021. 2 years ago! I cannot recall anything re circumstances that I could put together in a defence due to time lapse. . 

I am not saying don't put in a defence.    Everyone has that same issue of a time lapse; some people have more like a 5 year time lapse and they still manage to set aside a CCJ then defend and win.

I said don't look at defences, when we are telling you to re-write a WS about why the CCJ should be set aside (CPR 13). 

A WS that is standard stuff here, and you could have done by now by adapting another exact same scenario one from any other CCJ thread.  You can do that right now, should take half an hour, tops. 

You will know when you calm down and read the CPRs that other new CCJ victim posters are quoting in their WS, that (if the claim went to an old address) you have a mandatory set aside and we've already told you this earlier in your thread. 

Your problem is wasting time and money on a solicitor instead of just copying what other newbies have done.  Everyone is new to it and everyone does it.

Re the defence, you will need one and everyone can defend against a private parking charge even if they don't know the circumstances.   The SAR will show you what evidence they have and what the PCN was about, and you will be able to use the template defence from this forum and you are likely to win.  Certainly DON'T say you would have paid it. or admit any part of the claim (unless you've already submitted that?).

Herbie2312

Coupon-mad said:

 I will not look at defence at this stage especially as the parking fines were in jan 2019 and I found out about the ccj in jan 2021. 2 years ago! I cannot recall anything re circumstances that I could put together in a defence due to time lapse. . 

I am not saying don't put in a defence.    Everyone has that same issue of a time lapse; some people have more like a 5 year time lapse and they still manage to set aside a CCJ then defend and win.

I said don't look at defences, when we are telling you to re-write a WS about why the CCJ should be set aside (CPR 13). 

A WS that is standard stuff here, and you could have done by now by adapting another exact same scenario one from any other CCJ thread.  You can do that right now, should take half an hour, tops. 

You will know when you calm down and read the CPRs that other new CCJ victim posters are quoting in their WS, that (if the claim went to an old address) you have a mandatory set aside and we've already told you this earlier in your thread. 

Your problem is wasting time and money on a solicitor instead of just copying what other newbies have done.  Everyone is new to it and everyone does it.

Re the defence, you will need one and everyone can defend against a private parking charge even if they don't know the circumstances.   The SAR will show you what evidence they have and what the PCN was about, and you will be able to use the template defence from this forum and you are likely to win.  Certainly DON'T say you would have paid it. or admit any part of the claim (unless you've already submitted that?).

To be honest coupon I have spent hours going through the searches in this forum. I find it hard to navigate to the relevant pages. I think I know what to put re old address and not receiving papers and I'll get to re writing tomorrow my ws and share on here.
Re defence against a private parking ticket I am assuming this is quoting some generic laws? Please advice where on forum I can find these templates.  I have a meeting with solicior tomorrow and quite frankly I'm fuming and shes gonna get it off me!!

Coupon-mad

I am not asking you to search.

I'm not understanding the difficulty you are having with a really easy forum to hop around.  I don't know why some people say they find it hard to 'navigate' this forum. It is ONE CLICK BACK to page one, there is no navigating needed.  As long as you are not expecting to use a phone to read this forum it's easy.

I told you there are two CCJ set aside threads next to yours, right now, back on page one.  So go to page one and find them.

My signature that has been in front of you every time I reply, tells all newbies where the little 'breadcrumb trail' link is to take you all to page one with one click.  It is at the top of every page and that's how we hop round the forum and that's how you can now hop to page one of the parking forum in a split second.  There you will see your thread, and you will see the other CCJ threads. 

Re defence against a private parking ticket I am assuming this is quoting some generic laws? Please advice where on forum I can find these templates

There is a template defence thread at the top of the forum...the same place I am telling you to do the one click to get to.

I've written your defence already.  It is the template defence, with merely a tweak needed from you (and signature and date).   Everyone uses it.   New posters just like you, who've never done this before and are feeling panicky and overwhelmed, usually take about half an hour adding some facts to it, or adding that they don't know any facts because it's too long ago.  

Herbie2312

I wanted to update this group. I had my hearing today for ccj set aside and I was successful!!  Have a new born to tend to now but I'll be back later tonight with all the full details . Cant thank this group enough. To be continued....

Coupon-mad

Yay, great news! 

Would be great to hear what the Judge said and what the other side said, and whether you asked for your costs (too late if not) and whether the claim is still live to defend now the CCJ is removed, or did the Judge consider and dismiss the entire claim too?

Herbie2312

Coupon-mad said:

Yay, great news! 

Would be great to hear what the Judge said and what the other side said, and whether you asked for your costs (too late if not) and whether the claim is still live to defend now the CCJ is removed, or did the Judge consider and dismiss the entire claim too?

Sorry for taking so long to get back. The original claim for parking charges still stands. It was a telephone hearing which my solicitor attended on my behalf. I dont have a full details only that it went on for a while longer than expected and the that I just about met the threshold for a defence. I havent mentioned this on this forum but after I spoke to an old office colleague she reminded me that the 2019 permits were delayed getting to us from the freeholder management company so we kept displaying the 2018 ones until they arrived. I managed to get my office manager to write a witness statement to this effect and that is what got me off and the ccj set aside.  Unfortunately as this was 2019 jan I am unable to get more concrete proof from the management company that this was indeed the case and that would void the parking charges. As things stand I am looking at 585£ of charges to pay which is extortionate. Any advice how i can get off ?these as i have another 2 days to submit my info to court. 
Thanks.