CCJ. Parking fine sent to old address

Umkomaas

Olive_j said:

Umkomaas said:

You need to be dealing with the set aside. Consider the approach you outline above only if you have to defend the claim ..... after your set aside has been decided. 

Are you choking on that elephant leg yet, the toenails are horrible!

So no to approaching PEEL directly and explaining the situation? Stick to set aside with VCS? 

Awful elephant indigestion at the moment. Also resembling an elephant at the moment too! 

Peel will not influence the set aside, no matter what they say. But if you have the time (which you suggest might be at a premium) you could do some advance prep ready for any defence you might have to construct. 

Coupon-mad

Do the set aside first.  Read only about that and what to do to achieve it.   Posts by @henrik777 tell you the steps, on any CCJ thread you care to read over the weekend.  You will have that lightbulb moment but not on this thread.  It comes from reading the other recent ones and 'getting it' first.

Then once the CCJ is set aside, you move on to defending the PCN which sounds winnable based on a lack of extra signs to communicate the change in terms.  And you could also at that stage, lean on the retail park to encourage the PCN to be cancelled but so what if not because it's winnable and I predict they'd discontinue.

henrik777

Olive_j said:

Redx said:

Olive_j said:

Is there still urgency for completing in 2 weeks when they are from two years ago and the second from 7 months ago? 

The urgency is to act promptly , quickly and decisively once you are aware of the two CCJ s , typically within one to three weeks , so it's make your mind up time as to with consent or contested !!  Quickly

You don't have the luxury of time for set aside applications

Pointless worrying about the original claims until you are granted set asides , so not eating the whole elephant !!

It's a two stage court process , different timescales , two different judge's probably !!

For all you know there may be more PCN s and more court claims , hence the SAR

SAR takes 30 days or more , DVLA enquiry , 30 days or more , so for set asides assume half of that time , say 15 days

Arghhh I don’t understand how I decide to do with consent or contested. Does this mean contacting the parking company first to ask them to remove it, or not? Or is it still relating to filling out the N244 form? 

There are just too many things I don’t fully understand - consent or contested, set aside, N244. 

I’m totally squashed by the elephant. 

You try to gain consent and if there is no agreement then you apply anyway. Anyone who says different has no idea.

Consent does not mean paying or not paying or the sun is shining or the moons out.

Consent means you advise them of your position and ask if they'll consent to what you ask for.

It's cheaper, it's easier and probably quicker.

Olive_j

Coupon-mad said:

Do the set aside first.  Read only about that and what to do to achieve it.   Posts by @henrik777 tell you the steps, on any CCJ thread you care to read over the weekend.  You will have that lightbulb moment but not on this thread.  It comes from reading the other recent ones and 'getting it' first.

Then once the CCJ is set aside, you move on to defending the PCN which sounds winnable based on a lack of extra signs to communicate the change in terms.  And you could also at that stage, lean on the retail park to encourage the PCN to be cancelled but so what if not because it's winnable and I predict they'd discontinue.

There may well have been extra signage I didn’t notice as I parked there so many times before I may not have been paying attention. Yes, lots of reading planned. I’ve cancelled a hotel and a night away so I can get on with it. 

Umkomaas

Yes, lots of reading planned. I’ve cancelled a hotel and a night away so I can get on with it. 

Whoaaa, a bit premature. You need a break from all of this, time to calm down, time to relax. Take your phone/tablet with you and do some light reading on the subject, at this early stage that's all you need to do. Getting a set aside for defective service (and no need to rehearse when you informed the DVLA of the change of address) is no more difficult than taking candy from a baby. Try and cancel that cancellation!

Redx

Olive_j said:

Coupon-mad said:

Do the set aside first.  Read only about that and what to do to achieve it.   Posts by @henrik777 tell you the steps, on any CCJ thread you care to read over the weekend.  You will have that lightbulb moment but not on this thread.  It comes from reading the other recent ones and 'getting it' first.

Then once the CCJ is set aside, you move on to defending the PCN which sounds winnable based on a lack of extra signs to communicate the change in terms.  And you could also at that stage, lean on the retail park to encourage the PCN to be cancelled but so what if not because it's winnable and I predict they'd discontinue.

There may well have been extra signage I didn’t notice as I parked there so many times before I may not have been paying attention. Yes, lots of reading planned. I’ve cancelled a hotel and a night away so I can get on with it. 

If you fail to get a set aside , none of it matters !!

Peel holdings have never assisted a motorist afaik , apart from that person you mentioned , but you can try and see if they will support you or not , nothing ventured !!

Olive_j

Redx said:

Olive_j said:

Coupon-mad said:

Do the set aside first.  Read only about that and what to do to achieve it.   Posts by @henrik777 tell you the steps, on any CCJ thread you care to read over the weekend.  You will have that lightbulb moment but not on this thread.  It comes from reading the other recent ones and 'getting it' first.

Then once the CCJ is set aside, you move on to defending the PCN which sounds winnable based on a lack of extra signs to communicate the change in terms.  And you could also at that stage, lean on the retail park to encourage the PCN to be cancelled but so what if not because it's winnable and I predict they'd discontinue.

There may well have been extra signage I didn’t notice as I parked there so many times before I may not have been paying attention. Yes, lots of reading planned. I’ve cancelled a hotel and a night away so I can get on with it. 

If you fail to get a set aside , none of it matters !!

Peel holdings have never assisted a motorist afaik , apart from that person you mentioned , but you can try and see if they will support you or not , nothing ventured !!

Really? They sent a simple email to the car park saying they’d been shopping and hadn’t realised the new timings & got an email response saying it had been cancelled! Never heard anything again. 

Johnersh

The other side have judgment for 100% of the debt. There is no incentive for them to do anything at this point.

Even if you hope to ask them to agree to a set aside (because court papers were sent to the wrong address) the most aggressively persuasive way to do that will be to send them a draft copy of the application to intend to make. If they agree, excellent. If they don't, you've lost no time and you apply. 

This is a procedural point. The issue is that you never received court documents. How long you spent in the car park is irrelevant or at best secondary. 

Olive_j

Johnersh said:

the most aggressively persuasive way to do that will be to send them a draft copy of the application to intend to make. If they agree, excellent. If they don't, you've lost no time and you apply. 

What do you mean by foot of the application to intend to make? A N255 instead of asking them for a set aside? I’ve not slept now for three days and think getting a solicitor to take on the stress might work better for me. 

Johnersh

I didn't think that was ambiguous. What does the court require? Draft that, but send it to the claimant first.

So, complete an N244 and whatever else you plan to accompany it, send it and say this is my application, so you want to agree to it and save us the costs of a hearing?
(if agreed, this results in an order by consent, likely with no order for costs or costs reserved) 

If they say no and you still want a set aside, you then send it to court, as you said you would.
(this relies on a contested hearing being won, but with the possibility to ask for all your costs)

There's no requirement to do any of this, you could just file the application. As this is a small claim, you are most unlikely to get the costs back if you retain a lawyer, helpful though s/he may be to you.