Judgement Set Aside

caitchbee

Good morning, I'm hoping I can get some advice about a situation my daughter is in.

She received a fine from Parking Eye for parking legitimately in the car park of her doctor's surgery in order to collect a prescription because she did not put her car reg in to the digital system inside. She has filled in the application to have the judgement set aside and has now received a hearing date (next week). She has evidence that she collected the prescription on the day in question. Would this be sufficient for the judge to set aside the judgement? Is there anything else she should do? 

Any advice or information would be most welcome. 

Many thanks.

Umkomaas

Sorry that won't work if the claim simply wasn't defended. Any reason why it wasn't defended at the time of its issue? 

caitchbee

Thank you so much for your response. 

I didn't know about this initially, I would have made sure she dealt with it. She did not get the first letter about the parking charge. When she got the second one she was advised to pay it (I know, I know) and she thought she had but obviously it hadn't gone through. I'm not sure what happened then tbh, I think she just pretended it wasn't happening. She's only 19 and was a new driver at the time. She did contact PE to no avail. And now we're here. She's also away at University now.

Is there anything she/we can do?

LDast

Ignorance is no excuse. The question was why did she not respond to the N1SDT Claim form from the CNBC when it arrived?

As you have applied for a set aside and the hearing is imminent, please show us what was actually submitted on the N244 and WS. We need to see how the application was pleaded.

caitchbee

She emailed and telephoned the court when she received one letter and after explaining the situation, she was sent the N244. I'm not sure if that was the N1SDT though. Like I said, I didn't know about this at the time.

From memory, she put what I have already mentioned on the form. That she was parked justifiably and also had thought she'd paid the fine. I know she's massively messed up here, I'm just hoping there's something we can do.

Umkomaas

Has your daughter paid a set aside fee (£303), because as a student she could have qualified for 'Help with Fees'?

Coupon-mad

She won't get a CCJ set aside on that basis.  Her argument needs to be TWO THINGS:

A. she was not at home (on holiday or living away at Uni, if true and able to be evidenced?) and missed seeing the claim form...but ALSO:

B. she must persuade the Judge she has a decent defence.


Can she meet those two criteria?


This is what happened:

1. she ignored or missed a Letter Before Claim either from ParkingEye or from DCB Legal.

2. she ignored or missed a Claim Form from the County Court Business Centre. Google it now for an image of a claim form.  Dig out her one now.  When was it dated? Was she away?  

3. she THEN got a letter confirming Judgment (a CCJ) by default.  No Judge heard the case. She lost automatically by failing to defend.

How will she truthfully argue points A and B above?  The hearing is not about collecting a prescription, it is likely just 30 minutes to determine A and B.

Has ParkingEye responded to her application?  Have they suggested a consent order? If so, then snap their hand off!

I hope she didn't pay £303 for this...

caitchbee

Umkomaas said:

Has your daughter paid a set aside fee (£303), because as a student she could have qualified for 'Help with Fees'?

Thank you so much. No she hasn't, the lady she spoke to at the courts told her about the help with fees.

Coupon-mad

Here is what a consent order looks like:

https://forums.moneysavingexpert.com/discussion/comment/81039642/#Comment_81039642

Has ParkingEye (or DCB Legal if they handled it) written to her suggesting consent if she pays?  Literally snap their hand off today, if yes. 

Or have they written opposing her application?

caitchbee

Coupon-mad said:

Here is what a consent order looks like:

https://forums.moneysavingexpert.com/discussion/comment/81039642/#Comment_81039642

Has ParkingEye (or DCB Legal if they handled it) written to her suggesting consent if she pays?  Literally snap their hand off today, if yes. 

Or have they written opposing her application?

Pretty sure she hasn't heard anything from Parking Eye since she sent the N244. Should she have?

Coupon-mad

Almost certainly.