DEL backdoor CCJ for Surrey County Council car park??

[shilu28]

Many thanks for your suggestion.

I will speak to them.

[shilu28]

Right at the beginning of this case when I received the debt recovery letter and letter from Gladys,

I panicked and paid GBP70 to DEL straight away.

 

After weeks of trying,

DEL will not return the money.

 

They are saying that this money is lieu of the CCJ.

 

The case is still pending and have filed set-aside.

 

Is small claims court the easiest and fastest way to get money returned?

[dx100uk]

if you paid by debit card

go do a chargeback

[shilu28]

No it was through a bank transfer.

[dx100uk]

oh dear...

what made you do it that way?

[shilu28]

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.

[dx100uk]

take two.

how did you findout their details?

was it on a letter?

 

 

just never confuse fines with speculative invoices mind...

[shilu28]

It was on their website.

 

I have learnt a lot since I posted my question on this excellent website.

 

When I received the letters from Gladys and debt collector without ever receiving any letters from DEL,

I tried to resolve this directly with them.

That's when I decided to investigate further why they were not willing to close case since I was willing to and paid them the full amount (excluding solicitors etc charges)

[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.

[shilu28]

Excellent, thank you very much for your advise, really appreciate it.

[shilu28]

So the evidence that I need to gather is signage (height, location visibility), does DEL have contract to manage the car park. Claim form issued knowing full well that I was out of country. Anything else?

[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

[shilu28]

Thank you for your reply.

Will I have to provide all the evidence during the set aside hearing?

 

I have been communicating with court where the set aside is scheduled for by email and on the phone.

 

I have spoken to them twice and sent 2 emails confirming the phone discussion to move the case to my local court.

 

During the first call, court clerk agreed to discuss case with judge but he didn't come with an answer.

 

I rang again and spoke to the same person and recalled our conversation and promised to speak to judge (he hadn't until the 2nd call). The date is less than 2 weeks away.

 

Please does anybody know what I need to do without having to rely on person at the court, to have this case moved to my local court?

[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

[shilu28]

Many thanks for your reply.

 

Unfortunately, no I do not have access to a fax machine. However, this weekend, I am going to be at a hotel which will have one.

 

So will I know if my reasons are accepted before the set aside hearing?

[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.

[shilu28]

So far, the only paper I have received is the from CCBC. One telling me the case transferred to claimants local court, with date and time and the other is my N244 with court stamp.

I have gathered the evidence today. Took photos. No barrier or any notices at the entrance and then 2 small size A4 notices stuck on wall which I couldn't have seen at night (there is no lighting in the car park) stating the parking charge if no valid permit.

[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.

[shilu28]

Please can you tell me what I should specifically state in the fax and who should I address it to?

[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.

[shilu28]

Is there a difference between sending an email or a fax? The email also returns an acknowledgement of receipt.

[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..

[shilu28]

You are absolutely correct that emails don't get read for a long time.

Please will you kindly help me with exact wording to use for my fax?

[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

[shilu28]

You will not believe how much I have spent on the phone and emails with Northampton on this. They are saying they have followed all processes correctly. Their reason is that the correspondence address on the n244 is out of UK and therefore by default, all cases are sent to claimant's local court.