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

Umkomaas

I've not read back over the whole thread, but as it seems to be a ParkingEye case, then this extract from the NEWBIES FAQ sticky, second post, seems apposite. 

The two links within it might be slightly old (but that's not to say they are not usable as a guide), so please also follow the advice I've emboldened below. 

What about ParkingEye defences?
You can't use the template defence, as they don't add £60 to their claims and so the premise of 'abuse of process' can't be used against them. But they can be defended, so, look for recent examples by searching the forum.

Here is a 2018 defence where P/Eye use ANPR alongside a Pay & Display machine, then try to morph the £4 tariff into £100 damages:
https://forums.moneysavingexpert.com/discussion/comment/74850073#Comment_74850073"nofollow" href="https://forums.moneysavingexpert.com/discussion/comment/74254129#Comment_74254129">https://forums.moneysavingexpert.com/discussion/comment/74254129#Comment_74254129

Prettypetty1993

Hi there, 

Just received PE email with their witness statement and evidence. Does anyone have any thoughts on their request to the court ? 

We have received the court’s directions in respect of the Defendant’s application to set aside judgment and we note that the application has been listed for hearing as detailed above. We ask the court to note that we oppose this application and we can confirm that we have enclosed our written submissions for the court’s consideration.

 

Please find enclosed the claimant’s witness statement and supporting documents. The claimant will not be in attendance at the Hearing, in order to minimise costs that would then have to be sought from the other side. Attendance for the claimant will be through its agent from LPC Law. We request that the matter be decided in the presence of our advocate from LPC Law, and confirm our agreement that the matter can be decided in the absence of the claimant.

Coupon-mad

Yes they can use LPC Law.

Prettypetty1993

Hello All, 

I wanted to say  a huge thank you for all your time , support and contributions. I had my SAJ hearing today. I am not sure what happened its a bit of a blur. PE sent a legal rep and the District Judge appeared very stern and disapproving of my claim in the first instance. He did questions me quite a bit and appeared to be on the side of the claimants. However, I was granted the set aside judgment. I was taken aback and extremely nervous. However, I was ordered to pay cost to the solicitors of £75 they asked for £130. I now have 14 days to defend the claim. I live to fight another day. No CCJ. Happy days.........Until the next hearing date. 

Le_Kirk

Good, well done, on to the next stage.  Did the judge ask you to submit a defence (or an amended defence if you have already submitted one) along with a witness statement (WS) for the original PCN?  What about the cost of the set-aside application; did the judge make any comment about costs - apart from making you pay £75?  Have you prepared a defence and WS?

Prettypetty1993

Thank you. I got completely flustered . The judge said I have 14 days to submit my amended defence. He said nothing about the cost for the side aside and whilst I asked for this ( clumsily ) in my draft order nothing was ordered. I have prepared a defence and WS but will now amend this. 
Question? does anyone know how long its takes for the CCJ to be removed from my credit file? 
I suppose it's too late to request costs for the set aside now the judge has ruled ? much appreciated 

Coupon-mad

Why on earth did you get ordered to pay costs?  That's only if you acted unreasonably, and setting aside a CCJ you knew nothing about is not unreasonable, in fact you were surely asking for your £255 to be ordered for them to pay!  You were meant to ask for those, today.  Too late to ask now.

However the CCJ will be removed within a couple of weeks/during May.

And you should now go and look at the example ParkingEye defences in the NEWBIES thread.

Prettypetty1993

Coupon-mad said:

Why on earth did you get ordered to pay costs?  That's only if you acted unreasonably, and setting aside a CCJ you knew nothing about is not unreasonable, in fact you were surely asking for your £255 to be ordered for them to pay!  You were meant to ask for those, today.  Too late to ask now.

However the CCJ will be removed within a couple of weeks/during May.

And you should now go and look at the example ParkingEye defences in the NEWBIES thread.

Yes ! Good point 🙈I felt like I got rail roaded a bit. And my nerves got the better of me. Ok time to let that go and move to the next phased focussed. Do I ask for costs at the defence hearing stage ? 

Coupon-mad

You should try...

Prettypetty1993

Coupon-mad said:

You should try...

don't ask don't get ! won't make that mistake again