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      SAR distress claim against Parking Eye

      By Reapstar · Posted

      Thank you
    • jk2054
      SAR distress claim against Parking Eye

      By jk2054 · Posted

      Well we can't predict what the judge will believe. PE will say that they responded in the deadline and you will say they don't. Nobody can tell what a random DJ will decide. However if you go for an OOC settlement you should still be able to get some money
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      SAR distress claim against Parking Eye

      By Reapstar · Posted

      What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • lookinforinfo
      EPC ANPR PCN - St Nicholas Street, Weymouth DT4 8AD

      By lookinforinfo · Posted

      I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • dx100uk
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By dx100uk · Posted

      please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

CCJ Question

ceejay123

By ceejay123
in Financial Legal Issues

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ceejay123

ceejay123

Posted
Posted

Can anyone help with this, please.

 

I disputed a credit card claim which got as far as a trial but which I lost.

However, I asked for and was given leave to appeal and the judgment was suspended until the appeal was heard.

The costs by then were more than the balance on the credit card and mushrooming

 

 

I settled the claim before the appeal was heard

- I agreed payment by instalments and

they agreed not to enforce the judgment unless I defaulted.

I stuck to the payment plan and have now paid the amount agreed.

 

I hadn't thought about it but a CCJ for the amount of the judgment (which was more than the settlement figure) was registered against me.

I can apply to have this noted as settled but I am wondering if it should have been registered in the first place.

 

 

My thinking is that if my appeal had been successful,

the judgment would have been reversed and/or if I had settled before the trial

(which is sort of what happened as the appeal would have been another trial)

there wouldn't have been a judgment to register.

 

Depending on what anyone else thinks,

is there also something which usually goes into a settlement agreement to cover this

(or does the creditor say something to the court)?

- now that the credit card people have been paid, they might be willing to be helpful.

 

 

The Registry Trust and court people are, of course, clueless and I can't think of anyone else who deals with this sort of thing.

 

Any thoughts would be appreciated.

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SabreSheep

SabreSheep

Posted
Posted

The CCJ would of been applied as you lost the first claim. Although suspended UNTILL appeal

 

Appeal was not heard which means the appeal would of been discontinued.

 

At that point the original judgement is no longer suspended and then applied

 

CCJ stands.

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AndyOrch

AndyOrch

Posted
Posted

I agreed payment by instalments and they agreed not to enforce the judgment unless I defaulted.

 

I assume this was by way of a Consent Order or Tomlin Order?

 

Regards

 

Andy

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Refer to the schedule within the Consent....what does it state with regards to judgment and proceeding to judgment and what was the final figure of the debt agreed?

 

Thread moved to Financial Legal Issues.

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ceejay123

ceejay123

Posted
  • Author
Posted

Hi Andy,

 

 

I agreed to the dismissal of the appeal and payment of a figure of less than the amount of the judgment by instalments; they agreed not to enforce the judgment unless I defaulted on the payment plan.

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AndyOrch

AndyOrch

Posted
Posted

What date was the judgment...what date was the Consent Order made and sealed ?

We could do with some help from you.

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AndyOrch

AndyOrch

Posted
Posted

Did the consent agree to set a side the judgment?

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ceejay123

ceejay123

Posted
  • Author
Posted

Sorry, I've been out most of the day.

 

 

2011/12 - why might this be significant?

 

 

No - if it had done, I would not be asking the question! Is it included in some agreements? If my liability under the account and the proceedings has been settled by an agreement which superceded the judgment, it has sort of has been set aside. Can I apply for an order? Would I need the creditor's agreement to this? Or are there other avenues to go down?

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AndyOrch

AndyOrch

Posted
Posted

The whole point of a Consent is to stop/stay the judgment or set it a side (if all ready attained).If your consent didn't refer to the judgment in either way then it stands.

 

See post #2 above.

We could do with some help from you.

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ceejay123

ceejay123

Posted
  • Author
Posted

Well, the judgment was stayed. The wording of the consent does not make clear whether they could enforce the judgment amount or only the amount agreed if I defaulted. My reading of it points to the latter which effectively sets the judgment aside and substitutes the agreed amount even if it doesn't specifically say so. Therefore, couldn't I apply for an order with or without the creditor's agreement?

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Ganymede

Ganymede

Posted
Posted
Well, the judgment was stayed. The wording of the consent does not make clear whether they could enforce the judgment amount or only the amount agreed if I defaulted. My reading of it points to the latter which effectively sets the judgment aside and substitutes the agreed amount even if it doesn't specifically say so. Therefore, couldn't I apply for an order with or without the creditor's agreement?

 

I disagree that the CCJ is set aside. It is simply settled.

 

We'll need to see the exact wording of the Consent Order.

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ceejay123

ceejay123

Posted
  • Author
Posted

But how many settlement agreements specifically provide for the judgment to be set aside?! - can they even do this because if yes, I could go back to the creditor's solicitors and see if they would agree something. Apart from the payment schedule, I have posted the wording of the consent agreement (Saturday at 17:32 and Sunday at 10:56).

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Ganymede

Ganymede

Posted
Posted
But how many settlement agreements specifically provide for the judgment to be set aside?! - can they even do this because if yes, I could go back to the creditor's solicitors and see if they would agree something. Apart from the payment schedule, I have posted the wording of the consent agreement (Saturday at 17:32 and Sunday at 10:56).

 

You've paid the debt now so you're stuck with a satisfied CCJ on your credit history.

 

You can't pay the debt then set aside the judgment as that defeats the point. You should have seen the appeal through if that's what you wanted.

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panther12

panther12

Posted
Posted

From what I can see there is only consent that you agree to discontinue your appeal against the existing ccj and in doing so they agree not to enforce - subject to the agreed schedule. What you should have done is got them to agree a consent order that 1) The default judgement entered on xxxxx be set aside forthwith. 2) There be no order as to costs.

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panther12

panther12

Posted
Posted
But how many settlement agreements specifically provide for the judgment to be set aside?! - can they even do this because if yes, I could go back to the creditor's solicitors and see if they would agree something. Apart from the payment schedule, I have posted the wording of the consent agreement (Saturday at 17:32 and Sunday at 10:56).

Yes, it's done a lot to get a ccj set aside when there's no real prospect of success without the claimants agreement to consent. If the claimant / ccj hasn't been paid it's an effective tool to use as they're more likely to consent to set aside knowing that by doing so they then get paid. However, as you've now paid them there is no incentive for them to consent. You also have the hurdle of the ccj date (July 2011).

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ceejay123

ceejay123

Posted
  • Author
Posted

Hi,

 

 

I was thinking about other aspects of the litigation back then and the creditor's solicitors came up with the wording of the consent agreement which looked reasonable. We were not at daggers drawn and it is possible that now they've been paid, they might agree something. Why do you say the date is a hurdle?

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panther12

panther12

Posted
Posted

A set aside should commence within a short time of the judgment. Without claimants consent (via an application + £155 fee) even if your case had merit I doubt a judge would consider it after 4 years. Via a consent order I would think the judge would still raise an eyebrow over the length of time.

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ceejay123

ceejay123

Posted
  • Author
Posted

Are you thinking that I really need consent? If I can't get that, I'm not sure what reason the creditor would have to oppose an application so I might just need to persuade the judge! I had a skip through the CPR and a reference to "matters which have occurred since the date of the judgment" - in this case, payment of the amount agreed - sounded good.

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Ganymede

Ganymede

Posted
Posted
Are you thinking that I really need consent? If I can't get that, I'm not sure what reason the creditor would have to oppose an application so I might just need to persuade the judge! I had a skip through the CPR and a reference to "matters which have occurred since the date of the judgment" - in this case, payment of the amount agreed - sounded good.

 

No, more that you won't be allowed it due to the fact that you've paid the debt off.

 

Do you really want to spend £155 to find out?

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ceejay123

ceejay123

Posted
  • Author
Posted

Well, I'll see what the creditor's solicitors say first but, yes, I'd like to find out what a judge has to say! In the course of the litigation, I was up before a particular lady judge on three or four occasions including the creditor's application for summary judgment, a day's trial and a hearing when she handed down her (very ropey) judgment and gave me permission to appeal - you never know, she might be pleased to see me again!

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AndyOrch

AndyOrch

Posted
Posted

you never know, she might be pleased to see me again!

 

And even more pleased to bank your application fee:madgrin:

We could do with some help from you.

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