Do you have to pay the debt recovery fees?

Coupon-mad

You can't contest it now, sorry.

Your only revenge is a dish served cold...

Hope you are also coming back to take part in the upcoming Government Public Consultation on ending rip-off parking charges?

Anticipated over this Summer.

Your voices must be heard.  You and your partner can do two separate submissions.

Once we know exactly when this is happening we will tell people via the following thread. Please bookmark it, or set up an email alert if you don't visit the forum regularly. 

https://forums.moneysavingexpert.com/discussion/6333989/mse-parking-ticket-appeals-guide-feedback#latest

It is vital that the Govt hears the voice of motorists, because the private parking sector itself is (and has been) playing dirty to try to maintain the status quo (and the obscene profits that go with it) to allow them to continue their unabated feeding frenzy, gorging on motorists daily. In the past year they have issued 11 million tickets, a business now worth in excess of £1billion!

B789

You have to decide whether it is worth trying for a set aside. Cases where the court may set aside or vary judgment entered under Part 12 come under CPR 13.3 (1) (a) or (b)(ii) which state:

(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

So, if you think you have a reasonable prospect of success in defending the claim or there is some other good reason why the judgment should be set aside you'd have to submit a witness statement that sets out the facts of the case. It must explain how you found out about the judgment and that you acted promptly.

The court will take into account the reason why you did not defend the claim at the time it was issued as well as whether you acted promptly when you found out about the judgment.

onearmbandit

B789 said:

You have to decide whether it is worth trying for a set aside. Cases where the court may set aside or vary judgment entered under Part 12 come under CPR 13.3 (1) (a) or (b)(ii) which state:

(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

So, if you think you have a reasonable prospect of success in defending the claim or there is some other good reason why the judgment should be set aside you'd have to submit a witness statement that sets out the facts of the case. It must explain how you found out about the judgment and that you acted promptly.

The court will take into account the reason why you did not defend the claim at the time it was issued as well as whether you acted promptly when you found out about the judgment.

Hi. When you say if I think I have a good chance of defending the claim you are referring to the claim made by the private parking company? I mean - I think we could win which is why I contested it. But it seems the overall advice is just to accept we messed up. 

We sent the  acknowledgement of service by post this morning but when we went online we saw the judgement was passed on Saturday. We haven't actually received anything in the post. Anyway. Such is life.

Thankyou all once again.

KeithP

onearmbandit said:

We sent the  acknowledgement of service by post this morning but when we went online we saw the judgement was passed on Saturday.

Judgment was passed on Saturday??

That's strange. That sort of thing doesn't usually happen on a non-working day.

That said... why were you filing an Acknowledgment of Service by post?
What was wrong with the guidance offered you on 13 April at 3:08PM...

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

B789

I think the OP meant that it was on Saturday that they found out that they had received a default CCJ on an earlier date.

onearmbandit said:
Hi. When you say if I think I have a good chance of defending the claim you are referring to the claim made by the private parking company? I mean - I think we could win which is why I contested it. But it seems the overall advice is just to accept we messed up. 

What I posted was information for you to consider. According to CPR 13.3, you can apply for a set aside if you've received a default judgment, irrespective of whether it was because of your failure to file the AoS as long as you can show that you have a good prospect of defending the claim. The judge will determine whether the set aside will be granted at their discretion. Unlike CPR 13.2 where a set aside must be granted, 13.3 is discretionary and so you run the risk that you have paid £275 for the set aside and it is refused.

However, with a good witness statement and a robust draft defence, there is the prospect that you live to fight another day. You probably won't get the £275 N244 fee back as the Claimant didn't do anything wrong. If successful, the CCJ would be expunged from your record and you then have the prospect of defending the claim from scratch.

Decisions, decisions.