DEL backdoor CCJ for Surrey County Council car park??

[ericsbrother]

You dont write to them, you need to contact the court.

 

If you received a court claim and then sent it back to the parking co or Gladstones they will throw their hands up in glee and order a round of drinks at your expense because they arent going to tell you or the courts that they have been sent the paperwok in error.

 

 

 

 

 

I wrote to DEL asking for set-aside and this is their reply:

 

Thank you for your email.

 

We were provided your details from the Hire Company.

The address we have on record is the same address as you have provided to us.

 

As such, we are confident that the address was suitable for service under the Civil Procedure Rules.

 

We are of the opinion that there is no real prospect of success in you defending the claim.

Nor do we believe that there is any other compelling reason why the judgment should be set aside.

For these reasons we are not prepared to consent to the judgment being set aside.

 

You may still apply to have the judgment set aside.

Details of how to do this, and the costs involved, can be found at

https://www.gov.uk/county-court-judgments-ccj-for-debt/overview.

 

Kind regards,

 

Dyl Kurpil

MD

[ericsbrother]

yes. It goes back to the court that issued the judgement.

 

However, giving us the full story will help us help you with putting a reason for the set-aside forward.

 

 

The parking co not having the right to make a claim would be a good one.

 

On the pluse side,

if you win this and the following rehearing the parking co will have to pay your travel.

 

 

I know of one case where someone had to come back from south America for one of these petty claims that had no merit and got £4k for his air fare

[ericsbrother]

not resident at an address? If the vehicle was registerd to that address at the time of the event they ave use the correct service address. You need to be clear on this point or you will be told it is your own fault

[ericsbrother]

But that is the address you used for your address when hiring the car?

[ericsbrother]

you cannot use the argument that it was sent to the wrong address if that is the address you gave the hire co at the time,

you will have to say that the papers were not received

(true, do not try and explain things or you will shoot yourself in the foot).

 

Also,

your opening header says it was a council car park

so tell us exactly where it was and all of the other details that go with it

such as what the supposed breach was etc.

 

 

This will enable us to find other reasons for setting aside and actually defeating this claim

[ericsbrother]

so not even a proper parking chareg but a prohibition, which is not a contractual matter but trespass.

 

 

I do not beleive that you can trespass on public land

so even the council cant force your removal without getting the police to remove you for breach of the peace or some other trumped up reason.

 

Now read a bundle of other posts and you will see that people are aksed for a mass of details which you are not supplying.

 

 

Who for example are DEL,

what address do they put on their signs,

what Trade Association do they belong to.

 

 

Tell us absolutely everything about everything or you may well lose out on some detail that you have the info for but it hasnt been fagged as important because we havent seen it.

[ericsbrother]

no, just put a bit of masking tape over the personal bits and scan or photo it.

 

 

as it is a hire car the reg wont matter that much unless you would prefer to keep it anonymous.

 

 

Yes, the parking cowboys do read these posts but even though they claim they will use it as evidence they never have once successfully got a judge to accept a printout of a forum post as evidence.

[ericsbrother]

so plenty of reasons as to why claim will fail if you get a chance to put your defence in front of a judge. as long as you can show you were living abroad and therefore the matter should be reconsidered you will be OK

[ericsbrother]

short defence is that there is no contract to consider so no breach of contract to cause monies to be owed to the claimant by the defendant.

 

 

The signage is prohibitive in nateu and thus at best a claim for trespas but that it a matter for teh lnadowner.

 

 

As the land is public land there can be no trespass

[ericsbrother]

MCOL= moneyclaim online. you have to read the stikkies and a few posts and the acronyms become clear.

You will have to choose a court near to you or that you can get to.

[ericsbrother]

merely add that the signage is prohibitive before the words no contract to consider.

- makes it easier to understand why this isnt a contract

[ericsbrother]

If you live in surrey you can ask for it to be transferred to your local court. It should have been there anyway.

[ericsbrother]

that is not for transferring it to your local court, that is to have it consideredat a hearing. It is cheaper to have it considered on the papers but you will never get across much of what you can in person, including whetehr the judge thinks your account is an honest one by looking at your body language.

[ericsbrother]

talking at crossed purposes with someone,

have you paid a set-aside fee yet and if so how much did you pay?

 

 

If you havent then this is the fee and you ask for it to be heard at your local court so you can get there.

 

 

If you dont ask for this the matter will be heard at the court that issued the judgement.

[ericsbrother]

so you didnt ask at the time?

There is room on the form for the transfer to your local court for the set aside hearing.

 

 

However at Manchester it will be considered on the papers you have submitted and then you can get it transferred as a matter of course for the new hearing ( if CEL fancy their chances and dont drop the matter anyway).

[ericsbrother]

emailing is the problem, you need to speak to someone so you can explain it properly to someone who has the time and inclination to listen.

You can also get on to Manchester and tell them.

I have been emailing Northampton dealing with somebody in Applications and Orders.

[ericsbrother]

there are no fines it is just a demand for money without proof you owe anything.

Get your head around this fact and proceed from there.

 

As for the money,

tell your bank that you want to do a recharge as the maony paid was as a result of misrepresentation of their position.

 

They are correct in why they say they arent going to return it,

you have to go back to court with your set aside

and if you then get that they will have to refund anyway

unless you somehow lose the rematch.

In the meanwhile start gathering your evidence for that hearing.

 

 

Panic and fear since I have never picked any fines or PCN ever and thought if I paid the amount straight away, they might close case.

[ericsbrother]

planning permission for the signage but importantly we need to see what the signs actually say.

The fact you were out of the country is irrelevant, it is not an argument to use.

 

also,

are the signs visible as you eneter the car park from the public highway?

 

If the only signs are on a back wall somewhere then they will fail the visibility test.

 

Look out for signs that contain differetn wordings as well,

photograph every differetn sign and say where they are in relation to the entrance and where your vehicle was parked.

 

You are going to provide a plan of this to the court,

 

CEL will send in computer generated signage that oftem bears no relationship tot the real signs

[ericsbrother]

have you got access to a fax machine?

 

When the set aside is granted the matter will have to be reconsidered unless the parking co decide to drop the matter

( they might do if they think you have enough to beat them)

 

 

at another hearing, which will be at your local court.

 

 

The actual set aside isnt that important to attend as long as your reasons for it are accepted.

 

 

I can see CEL objecting all the way though as they have had cash from you so they think you are going to pay them some more if things get tough

[ericsbrother]

no, of course not, that is the point of a set aside hearing, to decide if there is grounds for rehearing the case.

 

 

You then get to have it all discussed at you local court.

 

 

The set-aside may get transferred if the courts service thinks there is a good reason for doing so..

 

Have you read properly what paperwork you have received as it will all be in there.

 

 

If they say telephone conference then that is what it will be,

you sit next to your phone at the required time.

[ericsbrother]

you should try speaking to the courts service to have the matter decided on the papers or transferred to your court. This is why I asked about access to a fax machine, you could then get this done immediately but you wont get a response over a weekend. Send it anyway thiough.

[ericsbrother]

you fax the baulk centre that issued the claim and the court that has been allocated as the court to hear the set-aside and simply tell them that you either want the matter transferred to (name of court) or that the set-aside be decided on the papers and the reharing be at (local court). You will have made some representsation on the set-aside form and that should be enough but you can add more but it will not be necessary to go into the rights and wrongs of the claim, it is about WHY you couldnt respond to the original claim. You are resetting the clock so dont distract focus from that.

[ericsbrother]

yes, emails dont get read for about a fortnight wheras faxes are seen as urgent. If you would rather spend time arguing rather than doing then you cant expect to get the result you want and have to put up with what is doled out to you. So, off the Manchester for you it is then..

[ericsbrother]

get on the phone to Nortyhampton again, read Andyorch's post of the 19th and ask them what is going on and why it hasnt been transferred to your court as per the normal procedure. It has nothing to do with their lawyers home address

[ericsbrother]

why dont you actually mention these things when you post up. You have a UK address that you can use or you wouldnt be in this boat in the first place. Then I would be going to wherever on the appointed date and asking for travel from Cuba or wherever you are at the moment and let the other side know that the $4000 plane fare will be added to your exes.