Set aside hearing was dismissed PLEASE HELP

[phey708]

Hi,

I am angry and upset because I tried to put aside judgement on a parking eye default judgement due to paperwork not being submitted to my current address. The judge wasn't very helpful and soon as I went in to the room i was asked why I didn't inform the DVLA as soon as possible, to which I replied I did in August (I moved out end of may) but she dismissed it as it was too long. She then said that my defense wasn't good enough to defend the original claim and therefore it was dismissed. I did show her a letter from ParkingEye which shows my latest address on it however it didn't mean much to her as it was a different vehicle.

To add salt to the wound after the hearing and when I came home I received paperwork form them regarding the set aside and they have filed a mountain of paperwork and evidence of signs etc which I only knew about when I got home from the county court therefore I could not cross examine their response to the application

Is there anything I can do to re-appeal it? I used a template for my witness statement from the parking pranksters site but it wasn't good enough for the DJ. I don't want the CCJ on my file as it goes against me when I try to get credit in the future and it is really depressing me!

[R0b]

Re: Set aside hearing was dismissed PLEASE HELP

You could appeal the refusal for set aside but it would be extremely difficult to do so and the courts have pointed out that only in exceptional circumstances would they consider it. It will of course cost further money to appeal and if the judge has come to a reasonable conclusion that your defence was not good enough (in other words, no prospect of successfully defending the claim) then you are a bit stuffed really.

I've tagged [MENTION=5354]mystery1[/MENTION] if he can shed any more light on this but it might be useful for you to give a bit of background to the matter and what your defence was.

You can avoid a CCJ by making payment within 30 days of the judgment being made if that helps.

[mystery1]

Re: Set aside hearing was dismissed PLEASE HELP

http://www.bailii.org/cgi-bin/format...ND+(entered%22)

If the claimant can be shown not to serve the claim to the correct address, as you say is in fact the case, then the court is quite simply wrong. There is no need to have a valid defence when a set aside is mandatory.


Perhaps parking eye would consent to an appeal rather than forcing a hearing which you must win (not 100% you would win but in theory you must win). https://www.justice.gov.uk/courts/pr.../pd_part52#6.1

Allowing unopposed appeals or applications on paper
6.4 The appeal court will not normally make an order allowing an appeal unless satisfied that the decision of the lower court was wrong or unjust because of a serious procedural or other irregularity. The appeal court may, however, set aside or vary the order of the lower court by consent and without determining the merits of the appeal if it is satisfied that there are good and sufficient reasons for so doing. Where the appeal court is requested by all parties to allow an application or an appeal the court may consider the request on the papers. The request should set out the relevant history of the proceedings and the matters relied on as justifying the order and be accompanied by a draft order.


This is getting outside of parking and my comfort zone so if [MENTION=551]pt2537[/MENTION] or [MENTION=2]Celestine[/MENTION] can offer input that'd be great.

M1