Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Johnersh

I wouldn't quote great swathes of advisory code. As @Coupon-mad notes, it is possible to simplify enormously.

The point is that proceedings were defective because

1. They were not issued to a last known address, in circumstances where there was actual corporate knowledge of the correct address

2. The ppc was not entitled to judgment in default or to request judgment (correct service of proceedings being a prerequisite)

Accordingly, you require them to apply with your consent, to set aside and to bear the costs of so doing

You require a response within 14 days, failing which you will apply without further notice and claim your costs, to include costs on the basis of unreasonable conduct. 

Harvez63

Thank you all, email sent this morning. 

@Jenni_D thank you; I issued them a utility statement with anything finacially marked out.

I've giving them 14 days to respond. Really appreciate your help 

I dont mind paying the original fine, I just want the CCJ gone before it causes damages to me. What can I expect the outcome to be? do they have to start their claim again against me and therefor time has expired? or is it likely I'll have to pay the original fine? 

Looking at the sign again , if anyone was sat on the wall (as kids often do outside a shop), you'd never see it! 

Fruitcake

It is not a fine. Once the CCJ is set aside, both parties are back where they started after the NTK was issued. They would then need to restart the claim, I believe with a LoC/LBC, then start the claim again from scratch.

They have six years from the date of the alleged event to start a claim, so it is unlikely to time out if they do decide to start again. They may do; they may not.

Irrespective of whether there was someone sat on the wall, that sign is inadequate and unreadable, and incapable of forming a contract with the driver.

Get photos of the site and signage as they are now, and see if there are any useful historic Google Streetview images as well.

Where did the alleged event occur? It may have cropped up here before.

Have you complained to the landowner yet? That is always Plan A, and it is never too late.

You should also complain to your MP about the unreasonable behaviour of this iunregulated parking company.

Half_way

As above whis car park was this ?

Harvez63

SO19 2BN

Just noticed the sign the opposite side, never noticed either. Its owned by Vets4Pets who I already approached but they said there isn't anything they can do. Kind of suggests me they get it all the time. I cant remember the official time I stopped, I think it was about 1'30seconds. The time it took for the wife to go pick up a drink from Tesco 

Fruitcake

Not leaving the car and not using a bay is still parking, so don't use that as an argument.

Having said that, a driver approaching from the left would not have been able to see the signs at all. There appear to be eight or more signs at that location.

Half_way

If its owned by vets 4 pets then they will be jointly liable for the actions of their agents

Coupon-mad

Harvez63 said:

SO19 2BN

Just noticed the sign the opposite side, never noticed either. Its owned by Vets4Pets who I already approached but they said there isn't anything they can do. Kind of suggests me they get it all the time. I cant remember the official time I stopped, I think it was about 1'30seconds. The time it took for the wife to go pick up a drink from Tesco 

We've seen this place before, several times! Sometimes with signs and sometimes without.

Search the forum for Vets4Pets

Harvez63

Morning All, thank you for the replies. 

I'm just wondering, will they likely respond at all? I had an automatic response to say they got the original email and will reply within 7-14 days which fits with the 14 days I gave them to respond, I'm just checking they if they actually are likely to respond in some manner before the allotted time? 

 

Umkomaas

They should reply, but how would anyone other than they know if they will. I expect they'll take every one of the 14 days so you'll need to be patient.