Completing N244 to Set Aside CCJ due to Parking Charge Notification

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Seems so. Phone the court to double check. Personally i would defend it at least until the supreme court rules in Beavis and not for the whole amount in any event.

M1

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Thanks, yes I have checked with the court and they think the judgement has been set aside.

I'm really looking for advice on how to pay the debts back - largely because I need to get some credit fairly quickly. Do I settle it through the court?

thanks

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

If it has been set aside then it should not be on your record. If it is on their then you should apply to have it removed (paying the judgement might make little difference in this regard).

The claimant will happily grab your money if you wish to pay.

M1

[ploddertom]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Even if it has been set aside it will take a little while to be removed. The Court has to inform Registry Trust who in turn have to notify the CRA's - so can take up to 6 weeks.

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

That's great thanks - I am definately going to put a Defense in as the court confirmed the judgment had been set aside.

Can I use my draft defense and witness Statment for this? Is there anything additional that I need to add?

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Remind me to look at this Thursday afternoon as i'm working and it takes more than a cursory glance.

M1

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Hi

any advice on this? My defense deadline is looming and I wondered if my draft defense, witnes Statment and order would be enough?

any guidance on the process would be great!

thanks

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Got to go out soon but i'll look later today.

M1

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

OK, did you ever get the claim form ?

Who is the claimant ?

M1

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

No never recieved the claim form as I moved. The claimant is a private parking company that issues PCN's.

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Haha, i managed to work that out. I want to know who so i can better understand their typical claim and suggest a defence based on that, absent the real claim form.

M1

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Apologies! It's Elite Management Limited.

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

That's a bugger i had hoped Parking Eye or Civil Enforcement as i can guess what they say. Really need to see what the claim is to defend properly. In order to deny, admit or seek proof of an allegation you really need to know what it is.

Breach of contract, contractually provision, trespass etc

Can you try the court tomorrow and see if you can get a copy of the particulars of claim ? (i know you tried already but another staff member might help)

M1

[Manccat250685]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

Unfortunately they won't give me this - they simply put int their claim that the ticket had been issued and they had written to me on X number of occasions and I didn't respond or pay hence the court action.

my grounds for defence are: no clear signage, charge is disproportionate to loss and notice to keeper is flawed.

i was planning to use my witness statement and Defense that I used in my set aside - is there anything else I will need to include?

[mystery1]

Re: Completing N244 to Set Aside CCJ due to Parking Charge Notification

No right to sue in their own name, charge is akin to trespass and unfairness should be added in my opinion.

All the claimants allegations should be denied, admitted or sought proof of.

M1