PARKINGEYE - CCJ ~ Set Aside Court Hearing

avocadobacon · 21 October 2024 at 10:33PM

Hi all - looking for advice as I have a court hearing on 24th October RE: a CCJ from Parking Eye. I haven't been able to defend this to the greatest of my ability unfortunately, just looking for any help I can get!

I received a claim form from ParkingEye LTD that they were taking me to court over an October 2023 Parking Ticket. The claim was issued on 12th Feb 2024, and I received this letter on 6 March 2024, I also acknowledged the letter via MCOL on 6th March 2024.

Over the next few days I was very sick and then ended up doing to A&E on March 19th and staying in a hospital ward I was also sent home with several medications and was unable to eat or move really at home for another week or so.
In any event, the judgment was issued against me on 26th March 2024. (I was still in hospital anyway, I wouldn't have been able to attend.)

All this to say, by the time I was able to check MCOL it had been 30 Business days since it was issued but I didn't want to show up as 'Settled' rather than removed.

I have just had another major abdominal surgery and a bowel resection on August 30th 2024 - 7 weeks ago and I have to make the journey into the courts which isn't ideal. That to say I have been unfortunate on the health side this year and it's been difficult to keep on top with everything. I unfortunately added some details of the day in my claim form. I requested to Set aside without Hearing and paid £300odd for this.

Can you give me any advice on what I need to do at this hearing? I received a large pack from Parkingeye LTD (written by Emily Hamer of Parkingeye Ltd) in the mail on Friday to say they received the courts directions and they 'Ask the court to oppose this application' They note that travelling to the court would incur a cost to them and they don't mean to disrespect the court but they will not be attending. They 'Wish to confirm that' they '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.' They quoted ' 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.'

Please find the letter uploaded via wetransfer here: (add https:// first) we.tl/t-xUk2UXIxJn

My claim is
1. I did not receive any PCN or letter prior to receiving a Claim form from the on March 6th
2. I had no opportunity to defend myself or pay the PCN as I didn't receive one
3. I was hospitalised and sick so although I acknowledged the claim form, I was unable to handle the matter.

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In this thread I'm looking for advice, what I need to bring, etc. Thank you in advance for the help I'm really struggling here and anxiety is through the roof!