Very confused, not sure whats going on with a CCJ

Redx

Well done so far

Bear in mind that this forum is a parking charge forum , not a legal forum ! Plus it's all a complicated topic so not painting by numbers

2) should say keeper and driver , losing the second sentence

3) should mention Jopson if loading and unloading was taking place

Grace periods ( clause 13 of the relevant BPA CoP at the time of the incident ) would show that 3 minutes observation time is not long enough , as remarked in your hearing

Plus the comments about the parking contract and observation time within it clearly show they failed , so it's them who are in breach of contract , blatant profiteering

OPS should be shut down , they really do take the **** I see word there. 😜😜

Your job now is to draft and file your defence to the original court claim , add a supplementary witness statement plus exhibits plus summary costs assessment to both Claimant and court , for a final hearing

A legal forum like legal beagles may help with your CCJ questions etc , the finer legal details , but once the set aside filters through within a few weeks your credit score should return to good or whatever

A complaint to your local MP would also be a good idea too

teknotel

Coupon-mad said:

Add that point in.  That's why ParkingMad provided you with the contracts, to read and use them.  Also add in the BPA CoP rule about consideration periods from the Code version from the right year.

Word missed out here:

"The Defendant also admits to being the driver at the time the parking charge was issued."

And I suggest you ALSO do a new witness statement (this time in support of your defence) with the above Exhibits attached, and a picture of the permit if it's possible.

Maybe (if possible) a second WS from the disabled resident confirming your account and what floor their flat is on and that the visitor permit is, of course, securely kept indoors for use by various carers or family cars when they visit.

This is all needed in addition to your defence because when CCJs are set aside, the system is unfair and odd and Judges only ask for a defence, and often you get no chance to do a WS and evidence about the PCN.  It's an odd situation after a set aside so we tell people not to ONLY do the defence the Judge ordered.  File and serve a WS and evidence too.  Show us first.

You should get paid by cheque this month and the CCJ will disappear too!

WELL DONE!!   The costs must have been hundreds!

Could not have happened to a nastier cowboy ex-clamper firm, IMHO. I suspect they will discontinue and you won't have to go through another hearing.

Thank you for all your help and patience.

I will just get the set aside fee back won't I, so will be £275 I imagine which is very nice to get back!

I will start work on all of this tonight, I really hope they do discontinue with the case. I think the fact they only observed me for 3 minutes along with the permit and written account from the space holder will surely make them realise they have no chance at all, at least thats how it seems to me. We will see!

teknotel

Redx said:

Well done so far

Bear in mind that this forum is a parking charge forum , not a legal forum ! Plus it's all a complicated topic so not painting by numbers

2) should say keeper and driver , losing the second sentence

3) should mention Jopson if loading and unloading was taking place

Grace periods ( clause 13 of the relevant BPA CoP at the time of the incident ) would show that 3 minutes observation time is not long enough , as remarked in your hearing

Plus the comments about the parking contract and observation time within it clearly show they failed , so it's them who are in breach of contract , blatant profiteering

OPS should be shut down , they really do take the **** I see word there. 😜😜

Your job now is to draft and file your defence to the original court claim , add a supplementary witness statement plus exhibits plus summary costs assessment to both Claimant and court , for a final hearing

A legal forum like legal beagles may help with your CCJ questions etc , the finer legal details , but once the set aside filters through within a few weeks your credit score should return to good or whatever

A complaint to your local MP would also be a good idea too

I will crack on with all of this tonight.

When you say summary of costs, are there other charges I can add on as well as the $275 set aside fee then?

Thanks again!

D_P_Dance

Ask for time spent at £19 an hour, stationary, mileage, etc.  

Redx

teknotel said:

Redx said:

Well done so far

Bear in mind that this forum is a parking charge forum , not a legal forum ! Plus it's all a complicated topic so not painting by numbers

2) should say keeper and driver , losing the second sentence

3) should mention Jopson if loading and unloading was taking place

Grace periods ( clause 13 of the relevant BPA CoP at the time of the incident ) would show that 3 minutes observation time is not long enough , as remarked in your hearing

Plus the comments about the parking contract and observation time within it clearly show they failed , so it's them who are in breach of contract , blatant profiteering

OPS should be shut down , they really do take the **** I see word there. 😜😜

Your job now is to draft and file your defence to the original court claim , add a supplementary witness statement plus exhibits plus summary costs assessment to both Claimant and court , for a final hearing

A legal forum like legal beagles may help with your CCJ questions etc , the finer legal details , but once the set aside filters through within a few weeks your credit score should return to good or whatever

A complaint to your local MP would also be a good idea too

I will crack on with all of this tonight.

When you say summary of costs, are there other charges I can add on as well as the $275 set aside fee then?

Thanks again!

Read the costs breakdown example by loadsofchildren123 in the link in the newbies FAQ sticky thread near the top of the forum in announcements , a qualified solicitor

Read the examples by @jrhys and @nosy as well    

Costs in small claims cases are limited , so read the basics , we will point you in the correct direction , but again , it's your case , so your research

ParkingMad

It might also be worth mentioning that POPLA allowed your appeal when you got a previous PCN at this same location.

Coupon-mad

I will just get the set aside fee back won't I, so will be £275 I imagine which is very nice to get back!

If you didn't suffer any loss of leave or salary AND didn't ask the Judge for recompense for that cost (you are too late to ask now) then yes, it'll be the £275.

D_P_Dance

You can always ask for costs at £19 an hour for the time dealing with this, (copy to your MP).  /although you are unlikely to get them.  

teknotel

Hello everyone, had a bit of time to work on the defence. Just so you know OPS paid the £275 directly into my count in the last couple of days so all good!

Couple of bits I wanted to ask:

@Coupon-mad @Redx

I dont think the BPA COP 13.1 covers me if I am being honest, maybe I am reading it wrong, but I believe the grace periods cover me. It says a minimum of five minutes if a 'parking event' has not occurred. Seems to read to me it applies to people who have entered the car park and then immediately left without parking.

The second bit, 13.3, where it says ten minutes seems to refer to pay and display car parks which this is not. 

Maybe I have read this wrong.

Anyway here is my updated points 2 and 3 for your feedback, thanks in advance!

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question at the time the penalty charge notice was issued, but liability is denied.

3.1    The Defendant is not liable to pay the parking charge at all in this situation because the ticket was issued incorrectly. The Defendant was issued the ticket 3 minutes after arriving in the car park whilst he was retrieving the permit from his friend, the space holder’s, property.

3.1.1 Section 1.8.1 of the 2019 contract between Brighton and Hove City Council and One Parking Solution clearly states a grace period of 15-30 minutes must be observed before issuing a penalty charge notice.

3.2 The Defendant had full permission from the space holder, who is disabled and was being assisted with shopping by the Defendant, along with a valid and in date permit to park here. The property is on the 7th floor of Essex House and 3 minutes is simply not enough time to take the lift, retrieve the permit and take the lift back down to display the permit in the vehicle.

3.3 The defendant had been issued a previous ticket in identical circumstances to this one which was successfully appealed through POPLA. The only reason this was not appealed through POPLA was because after the Defendants initial appeal with One Parking Solution Limited where he requested a POPLA appeal case number, this information along with all further correspondence was sent to a different address and not received.

3.4 In Jopson v Homeguard [2016] it was found on appeal that the parking company cannot override the tenants right to stop near the entrance of their building to load or unload. 

KeithP

You have not received any penalty charge notices.

Twice you have mentioned penalty charge notice.

Simple numbering is much preferred.
Your six paragraphs should be numbered - 2, 3, 4, 5, 6 and 7 and subsequent paragraphs renumbered accordingly.