• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Upcoming hearing to set aside CCJ - Help Please

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Upcoming hearing to set aside CCJ - Help Please

    I have a hearing at the end of the month to set aside a CCJ which I received in August 2019.

    Essentially, these all relate to car parking fines that I received in a private residents car park (I was a resident and had a valid permit) - the reason was that I wasn’t clearly displaying a permit, yet on the photos they had taken, I can see my permit.

    Most of the fines in question were all in the space of the same week, when I was on holiday. I had contested these in the parking companies website, and one had been withdrawn.

    When the car parking company replied to my dispute, they apologised for the mistake I had made, and advised I would need to individually dispute each ticket on their website (when applying, I had put all references in the same dispute). However, when I came to do this, I could no longer submit a dispute on the portal on the website, as the ‘time to do this had expired’. I had followed up about this via email, and they basically said the same, and I would now have to pay. (Which I have not)

    I had received two fines later in the year, but had not disputed these, as they had failed to with my prior ones.

    A few reminder letters later, the case was referred to the county court, which accepted (as I believe these tickets are not warranted. They were also claiming the fine for ‘losses incurred’, as a result of the above, yet as it was a private residents car park, and I paid a service charge as part of my rent, I don’t see how they could incur any ‘loss’

    Anyway, during this time, I was living between two addresses (Because of work commitments) and I had missed returning a form to the court, which resulted in my defence being struck out and a judgement being issued.

    I knew the defence had been struck out but was still under the assumption that there would still be a hearing, where I could explain the above. However this day never came and I found out about the order some time later when reviewing my credit report (nobody had informed me the judgement had been made)

    as soon as this happed, I applied to have the CCJ set aside, and not have a hearing later this month. can anybody provide any advise on what else I should do, or provide an insight into what to expect?
    Tags: None

  • #2
    So what does your lease say about parking?

    Comment


    • #3
      Thanks for replying OSTELL. I really appreciate it.

      I’ve moved out over a year ago now. I’ve looked through the old tenancy agreement and cannot see anything that mentions this. I’ll have to have another dig through my documents from 2018 (as I think one of the conditions of the lease was that 2 car parking permits were provided)

      I do have pictures of my permit that I was provided with. The car parking company had stated within the claim that I did not have a permit clearly shown. Yet in their evidence pack sent to the Court, you can see it in all instances. (They said the car parking attendant could not see all of it. Yet I would defiantly argue that you can.

      Comment


      • #4
        Does the agreement say you had the right to park? If so you had no need of another contract to provide parking. Permits were displayed for the convenience of the operatives without any intention of creating a contract.

        So if the photos show the permits in place they really are a little silly taking it to court.

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X