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set aside judgement
somebody-please-help!
Posts: 11 Forumite
Hi,
I received 2 tickets last year from one parking solution, for elm park car park, Hornchurch, RM12 4RX. They were previously a council run car park but something to do with the lease they transferred over to a private car park. I overstayed the car park by a few minutes on one occasion and on the other i went in dropped someone off and left within a minute. Anyway I received letters from them which I never responded to, they then sent me a letter to say I will be taken to court if the fee was not paid, which I was fine with as was happy to argue my case.
Fast forward to yesterday and I received a claim form from the Northampton court, dated 5th June 2021, and because it was received so late I am now out of time to appeal etc. Absolutely gutted. I called the court yesterday they said could have been something to do with Royal Mail, called Royal Mail and they said no delays in the area and it just must of been one of them things, something that's gonna cost me just over £600.
Today i received a letter from dcbl, saying they were now taking over. Thinking all hope is lost today i thought would contact the dcbl lot, who it had now passed to and make payment as upset as i was just to avoid any extra fees which were bound to be added. They don't answer the phone, while waiting I thought i would google the elm park car park, and came to a site called pepipoo where someone else had problems with the same car park and due to signage there appeal was granted through popla.
Dcbl never answered after 30 minutes of ringing so I called the court back and they said i could fill an N244 to set judgement aside but would need to make £255 payment and there was no guarantee it would even be heard.
I don't want to incur any further costs if this is truly the case. Has anyone had any similar cases where the claim form came way past its issue date? Had I of been given my time to have my say on time, I would have appealed, given the case of someone else as well getting off their ticket
Thanks
I received 2 tickets last year from one parking solution, for elm park car park, Hornchurch, RM12 4RX. They were previously a council run car park but something to do with the lease they transferred over to a private car park. I overstayed the car park by a few minutes on one occasion and on the other i went in dropped someone off and left within a minute. Anyway I received letters from them which I never responded to, they then sent me a letter to say I will be taken to court if the fee was not paid, which I was fine with as was happy to argue my case.
Fast forward to yesterday and I received a claim form from the Northampton court, dated 5th June 2021, and because it was received so late I am now out of time to appeal etc. Absolutely gutted. I called the court yesterday they said could have been something to do with Royal Mail, called Royal Mail and they said no delays in the area and it just must of been one of them things, something that's gonna cost me just over £600.
Today i received a letter from dcbl, saying they were now taking over. Thinking all hope is lost today i thought would contact the dcbl lot, who it had now passed to and make payment as upset as i was just to avoid any extra fees which were bound to be added. They don't answer the phone, while waiting I thought i would google the elm park car park, and came to a site called pepipoo where someone else had problems with the same car park and due to signage there appeal was granted through popla.
Dcbl never answered after 30 minutes of ringing so I called the court back and they said i could fill an N244 to set judgement aside but would need to make £255 payment and there was no guarantee it would even be heard.
I don't want to incur any further costs if this is truly the case. Has anyone had any similar cases where the claim form came way past its issue date? Had I of been given my time to have my say on time, I would have appealed, given the case of someone else as well getting off their ticket
Thanks
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Comments
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Definitely apply to get this set aside (partly because it's two PCNs and over £600 and very defendable) but first of all email the solicitors that OPS used and tell them that you will be applying to set aside the CCJ and in view of the fact that the claim form was not delivered until 20th July - due either to a postal service issue or a delay at the CCBC itself - you are writing to ask if their client will consent to set aside the CCJ. This would have value to them because the fee will be £100 (that you will pay) and otherwise you will be proceeding to a set aside hearing that could be avoided if they consent, to avoid time and expense and with regard to CPR1. Give the solicitor 7 days to respond.
Get their email from ANY thread about a claim from that solicitor.I received 2 tickets last year from one parking solution, for elm park car park, Hornchurch, RM12 4RX. They were previously a council run car park.Is it still owned by the Council?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
its run by one parking solutions0
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Yes, that is understood, but does the council own the car park?somebody-please-help! said:its run by one parking solutions1 -
sorry i see what you mean, no its not anymore its privately owned now0
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What address is on the claim form ? Have they actually got a default judgment ?1
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Sorry when you say address, I'm unsure what you mean?
I spoke with the court today, I have a literally a few days after getting the forms so late, to get the N244 form back to Northampton county court with the payment.
But the court said there is no guarantee it will even be accepted. Even though ops have fallen foul of the guidelines on grace period and signs entering the car park.0 -
What is your address according to the claim form.0
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It's my address and it's correct0
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We don’t want to know your address, we want to be sure OPS got it right?
You do not just have days to file a N244. You really need to read a few CCJ set aside threads and follow the process that everyone else does but tell us if the address for you was right?PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
According to Companies House, the car park was bought by Elm Park Car Park Ltd, company no 12028375 in March 2020.2
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