Marriott and Parking Eye Vs Me " Help needed for app to Set aside judgment

Prettypetty1993

Hi Guys, 
After reading all the advice  ( and the Newbie section more than once ) I was able to use many snippets and tips  from everyones input to apply for a judgment to be set aside. Prior to that I did request a consent to set aside directly to PE  but to expedite matters I also lodged and paid with the court due to no repose from PE. 
Low and behold they  ( PE ) have replied today with this reposes below. 
My questions are  ...what are they trying to do here ? What should be my next action? 
And .. They claim the charge was paid but the charge was related to an over stay. 
I can assure you that due to driver illness no payment was made but rather permission was given to remain on site until the driver was able to drive again. 

Any help and assistance will be gratefully received. What are your thoughts?

 Happy to supply any further inform you may need for clarification . 


Thanks in advance. 

PP1993 x 

Thank you for your correspondence. 

 

We attach a document addressing the points raised in your witness statement that has been sent to the court in support of your application to set aside judgement. 

 

It is ParkingEye’s position that the issue has arisen from your failure to update the DVLA with your new address. Further to this, ParkingEye contacted a credit agency and no alternative address was found. 

 

ParkingEye also believe that the defence raised offers no reasonable grounds for success. The vehicle in question remained onsite for 2 hours and 34 minutes, and a tariff payment for up to 2 hours was made, in clear breach of the terms and conditions in operation. It is for these reasons that we will not be making any payment for the costs of filing the application. 

 

As a direct result of any inaction, ParkingEye has since incurred significant further costs. However, as a gesture of goodwill, ParkingEye is willing to consent to the setting aside of the judgment in default given the evidence provided, predicated upon you making payment of ParkingEye’s costs of £197 within 14 days of receiving a sealed copy of the Court Order. 

 

Please find attached the proposed Tomlin Order. If you are agreeable to the terms of the same, we would kindly request that you sign and return this document via email. If you do not agree, then we will be forced to attend the application hearing and we will seek to recover our costs of attendance from yourself, as well as seeking to have the application dismissed. 

 

Yours Sincerely,

ParkingEye Enforcement Team

KeithP

Prettypetty1993 said:

...what are they trying to do here ? What should be my next action? 

I'll just address the first of those two questions.

They want you to pay them £197 before they will agree to a set aside.

Keep in mind that you will also have to pay a £100 court filing fee.

Prettypetty1993

Well, I won't be doing that. I am happy to go to have my hearing day. Thanks for such a quick response

KeithP

Prettypetty1993 said:

I am happy to go to have my hearing day.

A contested set aside will cost you £255, unless you are eligible for reduced court fees.

Have you read the second post of the NEWBIES thread?
There is a section in there about set asides.

Prettypetty1993

KeithP said:

Prettypetty1993 said:

I am happy to go to have my hearing day.

A contested set aside will cost you £255, unless you are eligible for reduced court fees.

Have you read the second post of the NEWBIES thread?
There is a section in there about set asides.

I have already paid this. As PE didn't respond to my consent to set aside. They are aware I have applied to the court already and I have sent in my WS and my DO. I am curious as to their response and what game they are playing??? they have mentioned things which are not true so I wondered if anyone had knowledge of this strategy they are seemly trying to play. Are they trying to scare me...can they actually lie and get away with it? 

Coupon-mad

There is nothing in it for you to pay them. Nothing has changed.

You've paid for a hearing already, and them saying they couldn't find an alternative address for you isn't backed by any evidence of them even trying!  Parking firms normally just file claims to the address that they got from the DVLA even when there is silence as a result of their Notice to Keeper and reminder - which is a red flag in itself that you may have moved.

Prettypetty1993

Coupon-mad said:

There is nothing in it for you to pay them. Nothing has changed.

You've paid for a hearing already, and them saying they couldn't find an alternative address for you isn't backed by any evidence of them even trying!  Parking firms normally just file claims to the address that they got from the DVLA even when there is silence as a result of their Notice to Keeper and reminder - which is a red flag in itself that you may have moved.

Hi Coupon, 

Thanks for your response
should I pay any attention to the fact they have said the Tariff was paid when in fact it wasn't?

nosferatu1001

Yes, because if asked about that in the hearing, you state it isnt true. Of course you say so. 
Were you on the electoral role at the new place? Credit card billls? Utilities? That would show that you were there to be found, which would counter their assertion - not backed up with ANY proof - that they coudlnt find you.

Prettypetty1993

nosferatu1001 said:

Yes, because if asked about that in the hearing, you state it isnt true. Of course you say so. 
Were you on the electoral role at the new place? Credit card billls? Utilities? That would show that you were there to be found, which would counter their assertion - not backed up with ANY proof - that they coudlnt find you.

Thank you, ok understood. Yes I was on the electoral roll, all my creditors/ utilities/bank were notified and I mentioned this in my WS. I have my credit file as proof. Everyone else was able to find me.  I have also contacted Marriot for them to help provide proof that permission was given but they are not proving to be very helpful at present. I am now being more forceful with them. lets see what happens. I will update you as I believe I will need some more help as this moves along. I want to be as prepared as I can be. 

1505grandad

" I have also contacted Marriot for them to help provide proof that permission was given but they are not proving to be very helpful at present."
Does that include the UK CEO  -  liam.brown@marriott.com

Prettypetty1993

No. I did not. I shall copy him in now. Thank you