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Having a PCN CCJ Set Aside and Defending

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Comments

  • Coupon-mad
    Coupon-mad Posts: 144,231 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It means when you come to defence, you can use much of the Template Defence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bohomark
    bohomark Posts: 103 Forumite
    100 Posts Photogenic Name Dropper
    @Coupon-mad, would you mind just taking a quick look at my N244? I think everything is okay, but I just don't want any silly mistakes and I've never done this before.

    I was just reading through the notes that come with the form. It says that I should let the court know any time I'm away within the next six weeks, but I can't see where I would enter that on the form. I'm taking my son home to Spain for the first two weeks in September.

    Finally, should I only tick "at a hearing" or am I happy for this to be decided "without a hearing" or "remote hearing"?

    Thanks again for all your help.
  • Coupon-mad
    Coupon-mad Posts: 144,231 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Include a downloaded N180 form stating all unavailable dates (think hard) - birthdays? End of year self employed declaration week in January?  Busy work weeks?  Half terms if you have kids? ...plot it for SIX MONTHS at least!

    You want 'at a hearing' and your application looked fine.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • bohomark
    bohomark Posts: 103 Forumite
    100 Posts Photogenic Name Dropper
    Include a downloaded N180 form stating all unavailable dates (think hard) - birthdays? End of year self employed declaration week in January?  Busy work weeks?  Half terms if you have kids? ...plot it for SIX MONTHS at least!

    You want 'at a hearing' and your application looked fine.
    Fantastic Thanks
  • bohomark
    bohomark Posts: 103 Forumite
    100 Posts Photogenic Name Dropper
    **Update**

    So, some good news, I think. I received a letter from the court today, along with an email from the DCBL, Parking Eye's representative. The court have agreed to a hearing to review my application to have the CCJ set aside. It's on 18th October, which is in two weeks. I think this is good news, but my work schedule has been pretty tight over the last few weeks. I was asked to work extra weeks in Paris, and as a result missed my youngest son's birthday. As a result I literally just booked to go to Spain to see him, returning on 18th Oct. I really don't want to disappoint the little man again, but I can't afford to miss the court date either! Is there any way of applying to have the date changed, or is it too late for that? It seems crazy that they send dates on such short notice.

    DCBL are not sending a representative to the hearing. They wrote to the court saying that they did not wish to incur further expense. I'm not sure if that has any bearing.  They also called to see if I wanted to settle out of court. I said no, and that if they did wish to go to court, I would apply for costs, should the court rule in my favour. Did I do the right thing, or should I have asked what the offer was?

    Thanks.
  • Le_Kirk
    Le_Kirk Posts: 23,683 Forumite
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    You could ask for a virtual hearing by telephone/video or similar.
  • Grizebeck
    Grizebeck Posts: 3,968 Forumite
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    No you just attend the court hearing,small chance of change to a teams meeting but sorry the court date will need attending
  • bohomark
    bohomark Posts: 103 Forumite
    100 Posts Photogenic Name Dropper
    Presuming I can't change the court date, I will have to change my flights. Worse things happen at sea...

    This is the correspondence I received from Parking Eye. I'd appreciate any feedback on how to proceed. Thanks...


     Parkingeye Ltd, 40 Eaton Ave, Buckshaw Village, Chorley, PR7 7NA, Reg No. 5134454 E-mail: enforcement@parkingeye.co.uk 


     F.A.O COURT MANAGER 

    ********** COUNTY COURT 

    03/10/2023 

    URGENT - FOR HEARING ON 18th OCTOBER 2023 

    Claim Number: *********

    Dear Sir/Madam, 

    We have received the court’s directions in respect of the Defendant’s application to set aside judgment and we note that the application has been listed for hearing as detailed above. We ask the court to note that we oppose this application and we can confirm that we have enclosed our written submissions for the court’s consideration. 

    Please note that we are happy for this hearing to take place in our absence, as our attendance at this short hearing would incur further costs which we believe would be disproportionate to the amount of the claim. Alternatively, we would be required to arrange for representation, which would pose similar difficulties. We wish to stress that we mean no disrespect to the Court and we request that the Court considers the enclosed documentation in respect of the application filed. 

    Finally, we wish to confirm that we are seeking that no order be made as to costs. In this regard, we respectfully remind the Court of its duty to consider the Overriding Objective, as set out in Civil Procedure Rules. We wish to highlight CPR 1.1(2)(b), (c) & (f), which place a duty upon the Court to deal with claims in a proportionate manner, including as to costs, and to ensure compliance and enforcement of the Civil Procedure Rules and Practice Directions. 

    Yours Faithfully, 

    Enforcement Team 

    Parkingeye Parkingeye Ltd, 40 Eaton Ave, Buckshaw Village, Chorley, PR7 7NA, Reg No. 5134454 E-mail: enforcement@parkingeye.co.uk 

  • bohomark
    bohomark Posts: 103 Forumite
    100 Posts Photogenic Name Dropper

    Mr ***** ********** 

    03/10/2023 

    URGENT - FOR HEARING ON 18th OCTOBER 2023 

    Claim Number: *******

    Dear Mr ***** **********, 

    Please find enclosed our response to your application to set aside judgment. Please note that we oppose your application and we can confirm that we have enclosed our written submissions for the court’s consideration. 

    Our attendance at this short hearing would incur costs of travel or representation. We are mindful of the need to mitigate costs and therefore shall not be attending the hearing. Please note that we are happy for this hearing to take place in our absence but we have asked that the Court make no order as to costs. 

    Kind Regards, 

    Enforcement Team 

    Parkingeye 1 of 46 

  • bohomark
    bohomark Posts: 103 Forumite
    100 Posts Photogenic Name Dropper

    Witness Statement on Behalf of the Claimant 

    1st Witness Statement of Samantha Woodhouse 

    Date: 03/10/2023 

    IN THE COUNTY COURT AT **********

    Claim No. ******* 

    BETWEEN 

    PARKINGEYE LTD 

    Claimant 

    -and- 

    ***** ********** 

    Defendant 

    ____________________________________ 

    CLAIMANT’S SUBMISSIONS TO BE CONSIDERED AT HEARING ON 18th OCTOBER 2023 

    WITNESS STATEMENT OF SAMANTHA WOODHOUSE 

    _____________________________________ 

    I, ***** **********, of Parkingeye Ltd, 40 Eaton Avenue, Buckshaw Village, Chorley, PR7 7NA state as follows:- 

    1. I am a Claims Handler in the employ of Parkingeye Limited, the Claimant, and I make this statement on the basis of facts which are within the records of the company. These facts are true to the best of my knowledge and belief. 


    1. We have received the court’s directions in respect of the Defendant’s application to set aside judgment and we note that the application has been listed for hearing as detailed above. We ask the court to note that we oppose this application and we can confirm that we have enclosed our written submissions for the court’s consideration. 


    Please note that we are happy for this hearing to take place in our absence, as our attendance at this short hearing would incur further costs which we believe would be disproportionate to the amount of the claim. Alternatively, we would be required to arrange for representation, which would pose similar difficulties. We wish to stress that we mean no disrespect to the Court and we request that the Court considers the enclosed documentation in respect of the application filed. 

    Finally, we wish to confirm that we are seeking that no order be made as to costs. In this regard, we respectfully remind the Court of its duty to consider the Overriding Objective, as set out in Civil Procedure 2 of 46 


    Rules. We wish to highlight CPR 1.1(2)(b), (c) & (f), which place a duty upon the Court to deal with claims in a proportionate manner, including as to costs, and to ensure compliance and enforcement of the Civil Procedure Rules and Practice Directions. 

    1. On the 12th August 2022 at 09.43am the vehicle with registration plate ********** entered the car park at Welcome Break London Gateway. The vehicle subsequently left at 12.58pm that afternoon; a stay of 3 hours 14 minutes. 


    1. Terms & conditions apply in this car park and motorists are required to make the appropriate tariff payment in relation to the time spent on site following a 2 hour free stay period. Our records show there was no tariff payment made in relation to the Defendants vehicle which was a clear breach of the terms & conditions and a Parking Charge was issued in accordance with the signage on site. 


    1. Parkingeye seeks an order that: 


    1. The application to set aside default judgment is dismissed; and 

    2. That there be an order made as to dismiss the Defendants claim for costs against the CNBC. 

    1. In respect of the additional arguments raised by the Defendant, Parkingeye ask the court to note that all pre-action correspondence was issued to the address held by the DVLA for the Registered Keeper of the vehicle at the time of the parking event, and this remains the Defendants current address as included in their application. 


    1. Given the above and our submission that the Parking Charge was correctly issued in the first instance, as per the terms and conditions on site, ParkingEye seek that no order be made as to costs. 


    1. It is our position that the need for this application has entirely arisen due to the Defendant’s inaction in failing to respond to the Claim Form. 



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