Please review my N244 Contest set aside application from Excel Parking

IloveElephants

Hi, 

I had a ccj on january 2020 and I had settled this with Excel parking, made the payment to excel parking and they had agreed to write a letter to the court saying papers were not received. The letter is below from excel parking to say that I have paid. 

IN THE COUNTY COURT AT C CLAIM NO: 

BETWEEN

EXCEL PARKING SERIVCES LTD

Claimant

v

JOHN SMITH

Defendant

_____________________________________________

Consent Order

_____________________________________________

BEFORE THE COUNTY COURT AT C

UPON the parties agreeing that the Defendant did not receive the Claim Form issued on the 20th January 2020 before a Judgment was entered against them on the 20th February 2020 and the parties agreeing that there be good reason to set the Judgment against the Defendant aside pursuant to CPR 13.3 (1)(b)(i).

UPON the parties agreeing a settlement for the amount claimed. 

BY CONSENT IT IS ORDERED THAT:-

1. The Judgment entered against the Defendant in the above numbered claim on the 18th February 2020 is to be set aside;

2. The Claim be dismissed;

3. There shall be no order as to cost.

AUTHORISED TO SIGN for and on behalf

Excel Parking Serivces Ltd

Signature: Signature: _______________________

Print Name: Jake Burgess Print Name: JOHN SMITH 

Position: Associate Legal Executive Position: Defendant

Date: 3nd February 2022 Date:  

So my question is are my answers on my N244 Form below correct? I am going to pay £108 tomorrow. Coupon-mad has helped me a lot with advice so a big thanks. These are my answers. 



Have you attached a draft of the order you are applying for? I ticked NO
How long I think the hearing will last?   1 Hour 0 Minutes
is the time estimate agreed by all parties? No
Give details of any fixed trial date or period.   I left blank 
What level of judge does my hearing need? I wrote District
Who should be served with this application?  Excel Parking Services LTD
Please give the service address 9a - I left blank 
What info will I be relying on to support my application? I ticked the evidence set out in the box below which is copy paste of the consent order letter from Excel parking.


Name of applicants legal representatives firm - I left blank 



Coupon-mad mentioned to add in 13.2 in my WS - 

•  13.2 Before a Parking Charge is issued Motorists must be allowed a Grace Period save and except when 13.3 is applicable. A Grace Period is a 10 minute period at the end of a Permitted Period of Parking. 13.3 A Grace Period is not required when the Permitted Period of Parking does not exceed 1 hour providing that the signage on the site makes it clear to the Motorist, in a prominent font, that no Grace Period applies on that land.

Thank you everyone, as mentioned if you could please check my answers and let me know if it is acceptable to send. Thank you. 

IloveElephants

• If anyone can help to find the  IPC Code of Practice about parking operators 'must' check addresses before filing claims and this cannot rely on unreliable DVLA keeper data alone. 

If anyone can help me with this to add in my WS. Thank you to everyone and coupon-mad.

KeithP

This looks like a continuation of one of your other threads.

Please stick to one thread only about one incident. Thanks.

IloveElephants

KeithP said:

This looks like a continuation of one of your other threads.

Please stick to one thread only about one incident. Thanks.

Hi Keith, no its not, its a totally old case, my last post was about receiving court letters but have not received the ccj yet. I am still waiting on the court to reply.


This thread is from ccj that I currently have on my record. I paid excel parking in january 2022 and this ccj is settled from their point of view, however I need to write the N244 WS and check it as its a contested set aside and excel has already agreed and signed and told the court to set it aside. 

1505grandad

Depending on date of parking event:-

IPC CoP V6 - 1.6.2017 (page 33):-

"Before issuing court proceedings on any unpaid parking charge which is over 12 months

old, the operator must first perform a suitable check of the defendant’s last known address."

IPC CoP V7 - 1.11.2019:-

"22 Debt and Debt Collection

22.1 Operators must take reasonable steps to ensure that the Motorist’s details are

still correct if 12 months have passed from the Parking Event before issuing court

proceedings"

IloveElephants

1505grandad said:

Depending on date of parking event:-

IPC CoP V6 - 1.6.2017 (page 33):-

"Before issuing court proceedings on any unpaid parking charge which is over 12 months

old, the operator must first perform a suitable check of the defendant’s last known address."

IPC CoP V7 - 1.11.2019:-

"22 Debt and Debt Collection

22.1 Operators must take reasonable steps to ensure that the Motorist’s details are

still correct if 12 months have passed from the Parking Event before issuing court

proceedings"

Brilliant, thank you so much Grandad, I will paste in these 2 quotes in my WS. Before I put it all together I will paste it on this thread to be checked before I pay the £108 and submit my case. Thanks once again

Jenni_D

Does the claim/set-aside relate to 2 PCNs which were on dates where both versions of the IPC CoP would apply? If not then only use the one version that is applicable for the date(s).

IloveElephants

1505grandad said:

Depending on date of parking event:-

IPC CoP V6 - 1.6.2017 (page 33):-

"Before issuing court proceedings on any unpaid parking charge which is over 12 months

old, the operator must first perform a suitable check of the defendant’s last known address."

IPC CoP V7 - 1.11.2019:-

"22 Debt and Debt Collection

22.1 Operators must take reasonable steps to ensure that the Motorist’s details are

still correct if 12 months have passed from the Parking Event before issuing court

proceedings"

Hi Granddad, for this particular event it was in 2016 in a supermarket. 

I will use this quote:

IPC CoP V6 - 1.6.2017 (page 33):-

"Before issuing court proceedings on any unpaid parking charge which is over 12 months

old, the operator must first perform a suitable check of the defendant’s last known address."

IloveElephants

Hi, could someone see the screenshots attached of my N244 form and if this is good to do, I will attached the letter screenshot of excel parking saying to set aside as no letters were served. If someone could clarify is my witness statement good enough? Thank you

IloveElephants

Jenni_D said:

Does the claim/set-aside relate to 2 PCNs which were on dates where both versions of the IPC CoP would apply? If not then only use the one version that is applicable for the date(s).

Hi Jenny, thanks for your comment, the pcn was in iceland supermarket in 2016. What happens if I use both versions? Why is that a bad thing just to make sure I am covered?

Jenni_D

There is no point in using a version of the COP that doesn't apply to the case in hand. The older wording is more forceful, so you'll not be helping yourself by including the later woollier wording.