CCJ Set Aside Question

Brightonrock123

@Coupon-mad I appreciate this may be too much, this one is some bits I felt you may be interested in but I am not 100% sure on exactly what would be deemed relevant. I have attached some information where they mention the set aside fee, and and advocate attending.

Coupon-mad

A few observations:

• sending a LBC isn't ADR!!
• Forestry England land might be under statutory control (byelaws)
• The PCN is only £50. It doesn't take £70 to fail to recover £50 on a no-win no-fee basis!
• Even if there were costs for the LBC these are easily covered by the £50 PCN and the Beavis case says so.
• You need to add a skelly if you have already sent a second WS. Your skelly needs Mazur and also HHJ Moloney's full transcript from the first test case hearing in ParkingEye v Beavis

Tell us about the parking event.

Why was no payment made?

• were you driving?
• What went wrong?

Brightonrock123

I was driving yes.

The parking I believe firmly was paid. This was about the time that the machines changed from cash to cashless and I am sure we paid in cash, but it was years ago.

However if that isn’t the case then I’m sure one of the group paid as I can’t find any record from bank statements. I had this in my skeleton argument that my recollection is that we paid on the day, as we visit there regularly and all take turns to pay the parking.

I’ll put a new skeleton defence together now, is that something I would send off in advance or wait until the hearing?

Coupon-mad

Skeleton argument. The week before the hearing is about right.

And your costs assessment because the first judge reserved the application costs.

Le_Kirk

It's a skeleton ARGUMENT not a skeleton DEFENCE. If you want it to be put before the judge you need to send it to the court and the claimant (or their solicitor) before the case is heard. You can't ambush them on the day.

Brightonrock123

Thank you very much - sorry yes Skeleton Argument I completed one for the Set Aside hearing previously so will be comfortable doing one for this.

I’ll look into the points you raised too later this evening thank you.

What are your feelings on the case does it seem to follow standard DCBL procedure? Are we still looking likely for a discontinuation or no show on the day?

Coupon-mad

It would be a first. Unlikely.

When do they have to pay the hearing fee and have they done so?

What evidence has he attached to show all payments made that day? A list of partial VRMs?

If yes, show that to all the people who were with you that day and ask if any if the VRMs match THEIR car.

The most likely scenario is someone else paid using a method that required the VRM and it either defaulted to their car or they inadvertently typed in the wrong VRM.

Or the machine keypad failed to record the full VRM. Very common.

Does the list show any payment that could feasibly be yours?

Brightonrock123

Yes the evidence is a list of partial VRM and to be completely honest, I have looked through the list and there is nothing there that could be my car unfortunately.

I have to assume they have paid the hearing fee, which was due by 17th March, the emailed me the witness statement on 18th March.

I will check with our friends too to make sure they have used their reg by mistake.

Brightonrock123

https://forums.moneysavingexpert.com/discussion/comment/81931197#Comment_81931197

When you say unlikely, are you suggesting you think this will now go to a full hearing?

Coupon-mad

No. it's unlikely!