Excel /BW parking fine and default ccj can I set aside?

[rachferrit]

Hi everyone

Hope somebody can help me with this one. I would really appreciate any help as never done this before. I think this should be in motoring but couldn't see anywhere to post a thread there?

I've got a CCJ by default - well actually two from BW legal for parking over the prescribed time/ without a ticket on carpark behind TSB in Prestwich, Mancheter. From May and June 2015. I had moved out due to domestic abuse so did not get the letters. I was just at friends etc and I didn't change my address with DVLA...so I didn't get the letters until just now. Both CCJ's were given on 29th Dec 2016. I now also have letters for both to say will be enforced

I would like to try and get this set aside as I was unaware of the issues. I know it will be discretionary as they sent to my known address but basically last thing on my mind during this time was post and I didn't want to go anywhere near the house. I was taking anti depressants but no proof of the domestic abuse. I did get the police out in 2014.

I read that I will also need to show a good reason for defence too?

I don't necessarily want to defend it just get them set back too the original amount and no ccj's. Is this possible

If I do need a defence I've been reading some threads and could the fact that the signs didn't have planning permission be an argument?
Bury council have stated that no planning was deemed necessary for a "carpark" as it was an old established carpark for many years. There have been a few people win against excel / BW but cant see anythig like mine

Thanks so much
Rach

[rachferrit]

Re: Excel /BW parking fine and default ccj can I set aside?

I don't even know if I got a ticket and went over time ( certainly no ticket on windscreen) or I just didn't have a ticket. I started using that carpark that summer and I remember I thought it was free at first as shocking small sign and meter hidden in a corner, but after that I did buy tickets. The letter states either over time or no ticket and my head was in a bad place then so I have no idea.

Can I find this out before I do my N244 form? If I did have a ticket how long do they get to send a letter as I'm sure it must have been a while - if they did even send one as I can't find this first letter/ notice

Please forgive me as I am a novice and don't know much about this process

thanks and really appreciate any thoughts 😳

[rachferrit]

Re: Excel /BW parking fine and default ccj can I set aside?

Sorry forgot to say even though I suspect excel haven't followed correct protocol I just want the ccj gone so can I not say the reason I didn't defend was I wasn't at address due to my circumstances and will pay if they remove the ccj? Rather than defending? Sorry this may not be possible but it seems to me this should be an allowed option in mitigating circumstances

Thanks again

[mystery1]

Re: Excel /BW parking fine and default ccj can I set aside?

It's not planning consent you mean but ADVERTISING consent.

There are 2 approaches to the CCJ.



1 to set aside then pay to avoid a CCJ.

http://legalbeagles.info/forums/show...et-aside-a-CCJ

http://www.legalbeagles.info/forums/...-CCJ-Set-aside


Or set aside and fight

http://legalbeagles.info/forums/show...224#post712224

M1

[rachferrit]

Re: Excel /BW parking fine and default ccj can I set aside?

Hi firstly thanks so much for this info and links. After looking into the dates etc i think that it was my then boyfriend using the car and not me. Although I was the keeper. Does this make any difference at all?

Your point 2 is a consent order. I am happy to look at this , do I just contact excel parking and ask if they will do this?

Also do you know if this thread the correct place? I couldn't find how to put it in motoring or debts?

Thanks again much appreciated 😃

[mystery1]

Re: Excel /BW parking fine and default ccj can I set aside?

Your point 2 is a consent order. I am happy to look at this , do I just contact excel parking and ask if they will do this?

Yes. You need to be quick though.

M1

[rachferrit]

Re: Excel /BW parking fine and default ccj can I set aside?

Hi ok thanks I am on this now I know about it. I found out last fri and I did call the court to let them know I would be filling an n244 ad they noted that, so does that matter? The judge was 29th dec so how long do I have to do the order?

1.I presume it's at excel's discretion? So I need to make it sound like the alternative is to go to court? Shall I tell them my defence etc for if I was to go to court ie
a reason for not getting letters
b Poor signage, no planning for signs and I was not the driver?

2. Or should I do the n244 with the same as above?

Thanks again

Rachel

[mystery1]

Re: Excel /BW parking fine and default ccj can I set aside?

Excel do not want to pay for court representation as they are unlikely to recover the cost. I would start politely and see how the conversation goes. I doubt a defence will come in to it at that stage.

It is entirely your call whether to try the consent route and pay in the end or fight it.

Consent is probably easier but more expensive as you'll pay the full amount and the consent order fee, which is hard to stomach for most when they think they've done nothing wrong. Fighting is harder but has a chance of meaning no cost if you win it all.

M1

[rachferrit]

Re: Excel /BW parking fine and default ccj can I set aside?

Hi and thanks

Ok so if I do the order it will be the fines of £255 x2 plus £50 x2

If I want to defend it it will be £155 x2. Would I be able to

[rachferrit]

Re: Excel /BW parking fine and default ccj can I set aside?

...sorry sent by mistake!

Would I be able to get it free if I defended it as excel did send it to the correct address that DVLA

[rachferrit]

Re: Excel /BW parking fine and default ccj can I set aside?

Sorry phone keeps sending b4 finished!!

Would I be able to get it free if I defended it as excel did send it to the correct address as I didn't change with DVLA. I wasn't the driver so is this a strong enough defence to risk going to court:

Carpark had poor signage
no planning consent and
I was not the driver

Thanks!! 😃😃

[mystery1]

Re: Excel /BW parking fine and default ccj can I set aside?

It's not a given in any circumstance to get the fees refunded.

Of course if you qualify for fee remission then that's different https://www.gov.uk/government/upload...A_web_1016.pdf

With Excel, not being the driver is a great defence.

M1

[rachferrit]

Re: Excel /BW parking fine and default ccj can I set aside?

Hi there

why is not being the driver a good case specifically with excel? I've been doing a bit of research and I don't understand this

thanks!

[mystery1]

Re: Excel /BW parking fine and default ccj can I set aside?

http://nebula.wsimg.com/ab774da5f40c...&alloworigin=1

Many other examples on the pranksters blog.

https://www.google.co.uk/?gws_rd=ssl...ty+prankster&*

Essentially their notice to keepers fail to meet the statutory requirements and are bogroll.

M1