ccj for parking fine

B789

rms22 said:

I am happy that the CCJ will be removed which is the main thing. How long should that take to be completely removed? 

What is the likelihood of successfully defending the PCN? I know the car park but not sure what the details of the PCN are. It's ANPR operated I think.

Without going back through the thread, when was the CCJ issued? If it was already on your file, it could take a few weeks but it will eventually disappear and no record of it will remain. If it was within 30 days of issue, it may never appear.

As for defending the PCN, we always recommend defending. That's why you have been granted the set-aside.

Did you not SAR the PPC? Surely you have done that already. If not, get on to it pronto. The SAR will reveal the contents of the PCN.

rms22

B789 said:

rms22 said:

I am happy that the CCJ will be removed which is the main thing. How long should that take to be completely removed? 

What is the likelihood of successfully defending the PCN? I know the car park but not sure what the details of the PCN are. It's ANPR operated I think.

Without going back through the thread, when was the CCJ issued? If it was already on your file, it could take a few weeks but it will eventually disappear and no record of it will remain. If it was within 30 days of issue, it may never appear.

As for defending the PCN, we always recommend defending. That's why you have been granted the set-aside.

Did you not SAR the PPC? Surely you have done that already. If not, get on to it pronto. The SAR will reveal the contents of the PCN.

It was issued April 2022

KeithP

Technically, the set-aside is effective on the date of the successful set-aside hearing.

The reality is that only the official Register of Judgments is updated in real time and TrustOnline will reflect that (for a fee).
All the other agencies tend to update their files in batch mode at fortnightly or longer intervals.

Coupon-mad

Sounds like a truly crap Judge.  Utterly useless not to allow you to be heard and to explain that the DVLA address was NOT good for service and they'd breached the Code of Practice.

If course you can/must defend and win the case.

You could file a counterclaim to try to recover the wasted £275 as a loss caused by the Claimant's wholly unreasonable conduct of breaching the BPA CoP, not bothering to trace the right address then misleading the court by consenting to your set aside application but this was no agreed Consent Order and was simply a vehicle to mislead the Judge and avoid your wasted costs that were wholly caused by CEL breaching the CoP.  This would have been covered at the set aside hearing but the Judge refused to listen, ended the hearing after one minute due to CEL's misleading communication and said re the argument that they had breached the CoP "that's for the defence".  Hence they caused a loss of £275 and you wish to counterclaim for that loss.

rms22

Has this happened on any of the other set aside cases you've seen? I've read several but not sure I've seen it where the costs have not been met. It would be good to read a similar thread.

What are my options going forward? If I don't defend the PCN then what would the costs be and if I do then presumably I wouldn't have to pay any costs but would still have lost the £275 unless I counter-claim.

If I were to counterclaim what does that involve in terms of how long the process would take and are there more costs involved. Basically I am wondering whether it would be worth trying to claim the £275 back with the time and work involved. And if I were to counterclaim is that something that I could do with the support and help from you and others on this forum ?

Harvez63

rms22 said:

I am happy that the CCJ will be removed which is the main thing. How long should that take to be completely removed? 

Mine was removed within a week, not sure if thats the norm or not, but thats how long it took for mine to go

rms22

Is it even necessary to request a SAR as they've been given 14 days to send full particulars of the claim so everything would be included within that when / if they send it would it not ?

rms22

Anyone? I was going to write up a SAR email and ask if its ok before sending but no point wasting anyone's time if theyre going to have to send all the documents/photos anyway?

B789

rms22 said:

Anyone? I was going to write up a SAR email and ask if its ok before sending but no point wasting anyone's time if theyre going to have to send all the documents/photos anyway?

There is no point in "writing up" the SAR for review. Google how to write a SAR and get it off to the PPC now. You've already seen how conniving the PPC can be and want to ensure you have everything from them.

Of course you have to defend the Claim. If you don't you'll have to pay whatever was/is in the original claim, including their illegal added "damages". Probably somewhere in the region of £280-£350 and you will have wasted your seat-aside fee of £275 which you will not get back if you don't counterclaim.

You will get the support of the regulars on here in your quest. Don't forget that 99% of the claims that are defended through this forum are won or discontinued before getting to court. If you don't fancy those odds...

rms22

B789 said:

rms22 said:

Anyone? I was going to write up a SAR email and ask if its ok before sending but no point wasting anyone's time if theyre going to have to send all the documents/photos anyway?

There is no point in "writing up" the SAR for review. Google how to write a SAR and get it off to the PPC now. You've already seen how conniving the PPC can be and want to ensure you have everything from them.

Of course you have to defend the Claim. If you don't you'll have to pay whatever was/is in the original claim, including their illegal added "damages". Probably somewhere in the region of £280-£350 and you will have wasted your seat-aside fee of £275 which you will not get back if you don't counterclaim.

You will get the support of the regulars on here in your quest. Don't forget that 99% of the claims that are defended through this forum are won or discontinued before getting to court. If you don't fancy those odds...

Thanks. I live on my own and don't have anyone to talk to about this for reassurances so I apologise if it sounds like I'm unsure at times. 

If I counterclaim does that also mean there's a 99% chance it'll be won or discontinued before going to a hearing?

I'm not sure what counter claiming involves? Is that another application and fee?