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Help with getting ParkingEye CCJ set aside please

edited 27 October 2019 at 5:52PM in Parking Tickets, Fines & Parking
34 replies 2.2K views
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  • drewbie1234drewbie1234 Forumite
    23 Posts
    Fourth Anniversary 10 Posts Combo Breaker
    So I have had the reply from PE
    Thank you for your correspondence in relation to the above referenced Parking Charge and subsequent county court claim.

    Please note that our position remains unaltered and we will not be entering into further correspondence unless an application to set aside the judgment is made.

    If you wish to apply to have the judgment set aside then you can do so by filing an N244 form. Please note that such an application will require the payment of a court fee of £255 (payable to the court) and that there is no guarantee that the judgment will be set aside. This will also involve a hearing in front of a Judge.

    In certain circumstances, individuals may not have to pay a fee. A system known as the remission system is available to those who would have difficulty paying a fee and meet the appropriate criteria.
    It is for you to make the appropriate enquires about this system and details can be found at: https://www.gov.uk/get-help-with-court-fees

    Yours sincerely,

    ParkingEye Enforcement Team

    I now need to submit an an N244 so what exactly should I provided for the following?

    the attached witness statement
    the statement of case - (pretty much the email I sent?)
    the evidence set out in the box below

    Thanks in advance
  • Coupon-madCoupon-mad
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    You need to read other set aside threads to learn, it saves us so much typing!
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  • henrik777henrik777 Forumite
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    2018-11-20-15_44_07-Start.png?w=639&ssl=1


    Box 3

    An order that the judgement in default is set aside pursuant to CPR 13.2, alternatively 13.3, and the defendant be allowed to file a defence in the case. The defendant only discovered the judgment when they signed up to the Experian credit reference agency on 23rd September 2019 .


    Probably go for 30 minutes.

    Box 10

    Witness statement, draft defence and other evidence such as parking eye communications, experian stuff etc




    N THE XXXXXXXXXXXXXXXXX COUNTY COURT

    Claim No. XXXXXXXX

    BETWEEN:

    CLAIMANT’S NAME

    Claimant

    – and –

    Defendant

    YOUR NAME

    _________________________________

    DRAFT ORDER
    _________________________________



    Upon reading the defendant’s application dated ……………….

    It is ordered that:

    1. The judgment dated [insert date of judgment] be set aside.

    2. The Claimant do pay the Defendant’s costs of this application on an indemnity basis.

    3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

    4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

    5. All enforcement be put on hold pending the outcome of the application.

    6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues it's claim.





    N THE XXXXXXXXXXXXXXXXX COUNTY COURT

    Claim No. XXXXXXXX

    BETWEEN:

    CLAIMANT’S NAME

    Claimant

    – and –

    Defendant

    YOUR NAME

    _________________________________

    WITNESS STATEMENT OF YOUR NAME
    _________________________________

    I , YOUR NAME of YOUR ADDRESS , being the Defendant in this case will state as follows;

    1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated XX/XX/2018) be set aside.

    2. I learnt of the existence of this claim on the DATE when I received a letter from the Claimant/Checked my Credit File/Received a visit from an Enforcement Agent requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

    3. My address changed in DATE and a redirection service was in place from DATE to DATE / I informed the Creditor that I had moved house in writing/telephone on DATE. // I was admitted to hospital on DATE until DATE and had no knowledge of the claim until DATE// I was out of the country on business // [EXHIBIT B]

    4. Any further information about why you did not defend/acknowledge originally

    5: On DATE I made a written/telephone request to the Claimant/Solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

    6. The Claimant did not respond to my request / turned down my request.

    7. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

    Statement of Truth

    I, YOUR NAME, the Defendant, believe the facts stated within this Witness Statement to be true.

    Signed: ________________________________

    Dated: ________________________________







    So then you need a draft defence in case 13.2 fails and 13.3 is in play.

    You also need your argument which i suggest is better done as a skeleton/written submission so the judge can read it. Adapt https://forums.moneysavingexpert.com/showthread.php?p=76470362#post76470362 to suit.

    Why indemnity costs and not standard costs (or reserved as per this forums standard advice) https://www.lawgazette.co.uk/law/indemnity-costs-can-add-woe-to-a-losing-partys-bill-/50629.article

    Well you have informed them they've used the wrong address, they know they have and they're playing chicken hoping you don't have the guts to apply. Wholly unreasonable.
  • Coupon-madCoupon-mad
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    This is very useful henrik777, a nice easy template for all set aside cases.

    I must add it to the NEWBIES thread next time I edit it soon.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • drewbie1234drewbie1234 Forumite
    23 Posts
    Fourth Anniversary 10 Posts Combo Breaker
    So first of all I would like to say thank you to anyone that gave me advice and encouraged me to fight Parking Eyes heavy handed tactics. I thought I would share what has happened since I originally made this post as further guidance to those who might encounter a similar scenario.

    In the end, rather than submitting N244 application myself I went to an experienced solicitor just because it might increase my chances even a little. The solicitor essentially advised helped me draft witness statement and completed all administrative aspects. This came at a hefty price though.

    Outcome:

    PE responded to the the N244 with:

    Thank you for your recent correspondence.
    ParkingEye have reviewed your correspondence and the witness statement of your client and can confirm that we are willing to consent to the Judgment being set aside, on the basis that both parties agree to bear their own costs.
    Please provide us with a draft Consent Order for consideration at the earliest convenience.

    So this is great news! Also go this through today:

    UPON the application of the Defendant

    IT IS ORDERED THAT

    1. Judgment for the Claimant in this matter be set aside;
    2. The claim shall be dismissed; and
    3. The Claimant shall pay the Defendant's legal costs occasioned by the Application, to be assessed if not agreed.

    4. Because this Order has been made by the Court without considering representations from the parties, any party affected has a right to apply to have the Order Set Aside, Varied or Stayed. A party wishing to make an application must send or deliver the Application to the Court to arrive at the Court office 7 days from the date of service of this Order. No Court fee will be payable.

    The interesting part is order 3. I'm not sure costs occasioned by the application actually cover but could be getting some of my costs back I hope. Maybe if my solicitor agreed that I would pay my own costs then this statement is not valid but I think there is no risk to Order 1 if I do try right?

    It's been a long process since I found out about my CCJ (Sep 2019) and even longer since the initial parking event took place (Dec 2017) but whatever the final result may be it will still be a good one!
  • edited 9 July 2020 at 8:26PM
    Coupon-madCoupon-mad
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    edited 9 July 2020 at 8:26PM
    Great!  Get your solicitor to send in a Summary Costs Assessment, sharpish, including her fees...
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  • drewbie1234drewbie1234 Forumite
    23 Posts
    Fourth Anniversary 10 Posts Combo Breaker
    Spoke to my solicitor today and she advised that we speak again once the 7 days are up and go from there. She gave arguments for trying to recover my legal costs in full and just settling with the original CCJ being set aside. From my perspective the court have pretty much stated that I should get some of my costs back so why would I not go for full? Aside from the further legal costs that I will be billed if PE fight it  :s

    She mentioned that it was unusual what happened. PE were contacted by my solicitor when the N244 was submitted and responded with email shown above. The letter that came from the courts was independent from PEs corresponce and was sent to me and not my solicitor. So regardless of what PE said the CCJ was going to get set aside anyway. Cases don't usually get settled by paper in this way apparently but maybe something to do with Coronavirus?
  • drewbie1234drewbie1234 Forumite
    23 Posts
    Fourth Anniversary 10 Posts Combo Breaker
    Great!  Get your solicitor to send in a Summary Costs Assessment, sharpish, including his fees...
    Apparently it will take about 2 hours to complete this process,which already is a good junk of money. Surely the summary cost assessment is just a breakdown of my billing? I have this in an email somewhere I believe 🤔
  • Coupon-madCoupon-mad
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    Send that to the Judge then and ask that these costs be assessed as per the order.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • drewbie1234drewbie1234 Forumite
    23 Posts
    Fourth Anniversary 10 Posts Combo Breaker
    I just checked my credit file (experian) and the CCJ has already been removed 🤔... I only got the email from the courts a few days ago so I don't understand how that has happened already. I thought you had to contact the agencies and provide them with information to get this done? I'm not complaining obviously just trying to understand what's gone on.
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