Excel parking " Judgement for Claimant ( in Default)

Peter_Parker_2015

Help!  I have read through the Newbies posts and can't find any advice specific to this so posting in hope of some help!

I am the Keeper of the vehicle but not the Driver. Original Fine was for overstaying by 70 minutes in the Baker Road hovel of a Car Park in Uxbridge. Some extenuating circumstances for the Overstay but would probably struggle to stand up in court. My main defence would be outrageous "Fine" of £170 + court costs

Ive received the Judgement for Claimant ( in Default) as the original Claim form was missed/not seen/thrown away etc.

My 14 days is up today,

 should I just bite the bullet and pay, then apply to get the CCJ removed or complete the N244 which ive started but im thinking may be a waste of time. Is there any chance of fighting this now?  really dont want the CCJ against my name!

Gr1pr

Definitely wasnt a fine, just a private parking charge from a private parking company,  Excel Parking 

The original pcn charge was £100, not £170 ( the £70 was an additional debt collectors charge, usually dismissed in court   )

Not being the driver is no defence,  especially if Excel Parking complied with Pofa2012 

You can TRY to get it set aside but need a good reason for doing so, like sent to the wrong address, not thrown away,  ignored or not seen,  especially if it went to the correct address 

There are 2 types of set aside,  with consent,  or contested, with different prices, plus no guarantees of success 

The newbies sticky thread in announcements,  post 2 does mention the options etc

But you could be throwing away  £313 and still lose in court,  meaning a bigger payout 

The choice is yours,  the money is yours,  so it's your decision to make,  but do not assume that a set aside is a foregone conclusion,  it's not automatic, it's not a done deal,  its not mere paperwork,  you have to convince a judge,  in court 

Even if its granted you still have to fight the original claim 

Coupon-mad

I am sorry but not replying to a claim form that was properly served at a time when you were living at that address (and should have been all over your post under the circumstances that you knew you were about to be sued) - plus a retail park overstay case (just like in the Beavis case) doesn't seem to give you grounds to have a discretionary set aside.

Hate saying this but pay it this month. In full.

Peter_Parker_2015

I know, im kicking myself, been following these threads for a while as ive done nothing for the countless other ones and they all seem to have disappeared but missed the process on this one. Thanks for all you work