Just discovered CCJ issued to me when between houses

allstar33

I should have fought this at the time - I just misunderstood forums that said 'oh they are cowboys, they never take people to court'. I didn't understand the process!

Castle

When did OPS send you a letter before action?

Coupon-mad

allstar33 said:

I should have fought this at the time - I just misunderstood forums that said 'oh they are cowboys, they never take people to court'. I didn't understand the process!

Yep. 

And you said it was at Vantage Point.  The landowners actually allow 15 minutes grace period.  

Periworld ltd, Allen House, 1 Westmead Road, Sutton, Surrey, SM1 4LA

email: Carter.pod@hotmail.co.uk  

I got a parking ticket back in 2016 - situation where I was late back, ticket expired 15 min before

henrik777

allstar33 said:

@ coupon Mad - thanks again for your help. 

I did see the original PCN. No question - I was sent various letters. I was mistakenly under the believe they wouldn't escalate it. So I got the fine at the time, if it can't have been £160 then it was £100 - I remember it being unusually high. This was Vantage Point car park, Brighton

@ henrik777 - thank you too

So I got it wrong - it was the "Claim Form" that arrived just 5 days after I sold the property. So the form that outlined the charges and the chance to respond within 14 days. The "Judgement for claimant" arrived 3 weeks after that, rightly stating I had not responded. I didn't see that either, and picked up my post pehaps 4 days after the 30 day window to pay that.  :'(

Ok so your situation boils down to....

An aplication based on cpr 13.3

Cases where the court may set aside or vary judgment entered under Part 12

13.3

(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –

(a) the defendant has a real prospect of successfully defending the claim; or

(b) it appears to the court that there is some other good reason why –

(i) the judgment should be set aside or varied; or

(ii) the defendant should be allowed to defend the claim.

(2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.

Then you have to balance the costs of an application £255, or without a hearing/consented £100 against the fact the claimant is probably not going to be ordered to pay your costs. Is it worth the probable cost and the risk of losing anyway to effectively repair your credit rating ?

The only person who can answer that is you. It's either worth it to you or it's not.

allstar33

Thank you everyone for your advice and help. I appreciate it. I'll keep you posted on how I get on. I'm unsure of my decision at this moment but I've requested a SAR as I don't have all the original paperwork. 

Coupon-mad

You haven't emailed the email I gave you to get proof that they allow 15 minutes (because they do)?

Also, with a set aside you must not delay, so you can't wait for ages for a SAR. Come back next week to work on your application.  If you are already past the 30 days to pay it off then there is no decision to be made and a set aside would be the way forward. 

In your position I would expect the court to use its discretion as there is 'good reason' to believe you didn't see the claim in time but have good prospects of successfully defending it, especially if you get an email from that landowner confirming what I am telling you about the 15 minute grace period allowed after expiry of paid-for time, in order to return to your car and leave past the cameras.

allstar33

I don't have the original paperwork, including things like the picture of the ticket I had in the windscreen showing exactly what time I had paid until. I recall it being a short amount of time after the ticket expired, but I don't have the paperwork to show if that was 5 min or 20min. So I thought the SAR would give me that. All the original letters that I do have just say 'expired ticket' and the time they gave me it. 

allstar33

So yeah - I hadn't emailed as yet, but was going to. I guess I was slightly put off by Henrik777, he doesn't seem to believe set aside would have much chance. So I was thinking maybe I just pay it. I hadn't decided, and I'm slightly procrastinating. But thanks for advising me that I need to act quickly, and it sounds like you think I'd have a case for set aside, possibly.

Coupon-mad

Are you already past the 30 days? No point paying it if so.

henrik777

allstar33 said:

So yeah - I hadn't emailed as yet, but was going to. I guess I was slightly put off by Henrik777, he doesn't seem to believe set aside would have much chance. So I was thinking maybe I just pay it. I hadn't decided, and I'm slightly procrastinating. But thanks for advising me that I need to act quickly, and it sounds like you think I'd have a case for set aside, possibly.

That's not what i said.

If you are asked to pay £160, is it worth it to pay £255 (or £100 potentially) when there is a chance you don't get that cost refunded (and a small chance of being refused) 

I think you have a good chance of setting aside but is it worth it from a purely money perspective ?