Applying for a CCJ Set aside from Parkingeye Motorway Services overstay Parking offence

Coupon-mad

so follow it up and ask what they would consent for, or offer what they want if that's what you want to do.  PE will respond as it is in their interests.

But make it clear that this is on condition they provide a set aside Consent Order citing CPR 13.2 'mandatory set aside' due to defective service to an old address.

Use the enforcement@ email with 'urgent settlement offer re set aside claim xxxxxx' in the subject line.

Give them a deadline to respond, say 7 days.

jonx12

Good news - I've received an email back from the claimant: 
"We can confirm that we will agree to the setting aside of the judgement, and attach a Tomlin Order for consideration. If you are agreeable to the terms of the same, we kindly request that this document is signed and returned via email."

I've attached the Tomlin Order, please can someone check it and confirm that signing it will not be unfavourable to me and I will be able with the Tomlin Order signed by them, to get the CCJ removed upon paying the claim. 

D_P_Dance

Personally, I would not pay them a penny, read this

https://www.rollonfriday.com/news-content/qc-victorious-court-over-ps85-parking-ticket

Coupon-mad

Hmm, it looks better than some other Tomlin Orders but it all depends if the CCBC agree this is sufficient to set the CCJ aside and not just mark it 'satisfied'.  Your N244 application will have to repeat the fact that both parties accept that the claim was defectively served and thus, CPR 13.2 applies (mandatory set aside). 

And pay the £108 and cross your fingers.

Half_way

What motorway service area was this, and who is the motorway service area operator? ( ie Moto, M2 Medway services)

jonx12

Coupon-mad said:

Hmm, it looks better than some other Tomlin Orders but it all depends if the CCBC agree this is sufficient to set the CCJ aside and not just mark it 'satisfied'.  Your N244 application will have to repeat the fact that both parties accept that the claim was defectively served and thus, CPR 13.2 applies (mandatory set aside). 

And pay the £108 and cross your fingers.

Although they've mentioned in the Tomlin that I wasn't at the correct address they did refuse that is was defectively served, they said the below in another part of their email. I can provide sufficient evidence to the CCBC that I wasn't residing at the address however if it's unlikely I'll get the CCJ removed without the CPR 13.2 application then perhaps I should fight it at the court level and forget about submitting the Tomlin unless they agree it was served defectively?

"Parkingeye would like to highlight that all correspondence was issued to the address held for the Registered Keeper by the DVLA. Following no response to our correspondence, Parkingeye contacted a credit agency in an attempt to obtain and alternative address for service. The address returned was the same address provided by the DVLA, and was the address used for service of the claim form, in line with the CPR as the last known address. As such, we maintain that the claim was issued correctly and service was not defective."

Coupon-mad

Ask them to show you this CRA report, under your SAR rights:

Parkingeye contacted a credit agency in an attempt to obtain and alternative address for service. The address returned was the same address provided by the DVLA, and was the address used for service of the claim form, in line with the CPR as the last known address

Le_Kirk

How much is it going to cost you to achieve the set-aside once you have paid the £108 PLUS the amount you have blanked out in paragraph 1 of the Tomlin order.  Is it worth it to you?

Half_way

Le_Kirk said:

How much is it going to cost you to achieve the set-aside once you have paid the £108 PLUS the amount you have blanked out in paragraph 1 of the Tomlin order.  Is it worth it to you?

One of the reasons why trying to get it from the motorway service area operator, as principal over the actions of its agents comes into play.
If we knew who the motorway service area operator is, and possibly the location then more help this way could be offered

jonx12

Le_Kirk said:

How much is it going to cost you to achieve the set-aside once you have paid the £108 PLUS the amount you have blanked out in paragraph 1 of the Tomlin order.  Is it worth it to you?

The amount isn't a massive amount of money, <£300 and as much as I'd love to beat them and pay nothing, the time spent on preparing a defence and taking it back to court I think would be too much. 

Half_way said:

Le_Kirk said:

How much is it going to cost you to achieve the set-aside once you have paid the £108 PLUS the amount you have blanked out in paragraph 1 of the Tomlin order.  Is it worth it to you?

One of the reasons why trying to get it from the motorway service area operator, as principal over the actions of its agents comes into play.
If we knew who the motorway service area operator is, and possibly the location then more help this way could be offered

The motorway service operator is Welcome Break Hartshead Moor-Brighouse car park.