CCJ issued for PCN's in Secure Residential Parking

Jenni_D

You can request a costs order for a refund of the £255 set aside fee but it's not an automatic right.

What set aside grounds are you going to use? Is a mandatory set aside a reasonable expectation? If not and you're angling for a discretionary ground then you may be hard-pressed to convince the court that a delay of 3 months before bringing the set aside is reasonable.

I've not read back through the thread so apologies if this has already been discussed ... do you / does your friend anticipate the CCJ causing them problems over the next 4 years? If not then it may be prudent to simply let it slide.

D_P_Dance

Also consider claim under paragrph 37 of the Landlord and Tenant Act .  Have you complained to your MP?  Have you read this

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.htmli

Fruitcake

Since the V5C was away at the DVLA, NTKs and (I'm guessing here) the court claims would have gone to the old address, so the claims were never properly served. I think this is probably a good enough reason for a set aside.

The HA really don't understand how the unregulated parking industry works. Until the V5C has been updated, PCNs/NTKs will go to the old address. Even after the V5C has been updated, if a NTD was left before then, the PPC will request the data at that particular time, which will still show the old address.

Somebody needs a kick up the backside.

Coupon-mad

Definitely go ahead with the set aside application this week so it is filed with the court this month.  In terms of promptness, July will look better than August to get that application emailed to the CCBC (follow it with a phone call to pay by card).

Just copy literally ANY other set aside thread, these cases involve the exact same witness statement and draft Order every single time. 

Redx

Read the recent comments in the olive j thread about draft orders etc

JoeBloggs321

Jenni_D said:

You can request a costs order for a refund of the £255 set aside fee but it's not an automatic right.

What set aside grounds are you going to use? Is a mandatory set aside a reasonable expectation? If not and you're angling for a discretionary ground then you may be hard-pressed to convince the court that a delay of 3 months before bringing the set aside is reasonable.

Jenni_D, I'll be honest, I don't know enough about all the different types of set aside grounds, I still have to look into it tbh.

D_P_Dance said:

Also consider claim under paragrph 37 of the Landlord and Tenant Act .  Have you complained to your MP?

D_P_Dance, I have gotten a small amount of help from my MP, though he has made clear he can help no more, due to possible legal proceedings!

Fruitcake said:

Somebody needs a kick up the backside.

Fruitcake, My friend used to live at my address, I received nothing here for them. Though the Parking company told the HA they put the PCN on the windscreen and sent follow up letters to his address at the HA... So don't think that is an option I can use.

Coupon-mad said:

Definitely go ahead with the set aside application this week so it is filed with the court this month.  In terms of promptness, July will look better than August to get that application emailed to the CCBC (follow it with a phone call to pay by card).

Just copy literally ANY other set aside thread, these cases involve the exact same witness statement and draft Order every single time. 

Coupon-mad, I have just been looking through 123MrsT's thread (https://forums.moneysavingexpert.com/discussion/6134970/surprise-ccj-please-help/p1), seems similar in as much as a secure fob parking area, so may, as advised on the newbies forum use the documents she made as a template, make it more relevant to this case.

Main 2 points in this case are:

Nothing in tenancy agreement about permit parking - HA admit this is verbally done on sign in - no documents/evidence

HA say tenants vehicle will stay on safe list until V5C has been updated, no time limit. It would seem true for 4 weeks/month, then the proceeding 3 weeks before the updated V5C is when the parking company slapped him with 9 PCNs.

So from what I gather, I now need to print out an N244 form, fill it in and send it to the courts via email. As you say, due to time, it will be best to get on with that today!

Thanks guys

JoeBloggs321

Redx said:

Read the recent comments in the olive j thread about draft orders etc

I tried a search, but 1000's of threads came up, do you know the link? Thanks

Jenni_D

@Olive_j's thread is currently at the top of page 4 of this board.

https://forums.moneysavingexpert.com/discussion/6279383/ccj-parking-fine-sent-to-old-address#latest

JoeBloggs321

Jenni_D said:

@Olive_j's thread is currently at the top of page 4 of this board.

https://forums.moneysavingexpert.com/discussion/6279383/ccj-parking-fine-sent-to-old-address#latest

Ah, it's about PCN's being sent to wrong address, so don't think it will work in this case

Coupon-mad

Hang on, how did you get a CCJ then if the claim was sent to the right address?

Have you actually read Olive's thread where @henrik777 has literally WALKED her through the 2 set aside positions?  Please don't stop reading a set aside thread because the circs don't quite match.   ALL CASES ARE THE SAME.  All need a N244, a witness statement and draft order and all of that is covered in her thread, in spades because she was not confident.

Main 2 points in this case are.

Nope, not for a set aside, those points are for the later second hearing, for your defence.  For the set aside hearing, you need a reason and evidence to show why the claim was defectively served.  So what was that reason?  How come you couldn't defend in time?