Backdoor CEL PCN CCJ - enter wrong reg at Fitness Station, 3 Hawksworth Rd, Minehead TA24 5BZ terminal

[brassnecked]

No they already have a default judgment  its whether you want to set aside as was backdoor, or pay it

[lookinforinfo]

That was an expensive mistake appealing so soon and identifying yourself as the driver. The gym looks as if they could have got your ticket quashed and had you not admitted being the driver you could have written to them now and asked to have the ccj cancelled because the delay in sending the NTK meant that there was no liability on the keeper to pay the PCN since there was no way that they could find out who the driver was.

 

If you should ever get another ticket do not appeal or do not appeal and uncover the name of the driver.

 

You could try a bluff and say that you are applying to have the CCJ set aside as you weren't present at the hearing. The mistake on the registration number was de mininus as is well known and had you known of the hearing you would have attended and won.

 

Furthermore the new Governemnt regulations coming out shortly include quashing tickets where motorists have miscued their reg . number. In addition the Notice to keeper arrived to late to include keeper liability.

 

In order to avoid wasting the Courts time and being embarrassing and  quite expensive for you, it would surely be cheaper and easier were you to cancel the CCJ voluntarily and we move on. I for my part will drop my Court case and take things no further in the future

 

possibly The worst they can say is no and as they stand to lose both the cost of the CCJ [£297]  plus having to pay your costs, a solicitor's fees and possibly damages for you as well, they may decide to agree to your request. 

 

There is one more point that you must use depending on the circumstances. Recently before parking companies can issue Court claims they have to ascertain that the keeper still lives at that address. They obviously did not do that in your case which means that you did not receive the Court papers.

[dx100uk]

lets finish gathering info before we decide what to do.

even 13/12/2019+56 is 7/2/2020 so their PCN/NTK was well out of time 

[lookinforinfo]

I am working along the lines of thinking it ma be easieer to cancel the CCJ before it becomes permanent.

[dx100uk]

Got until 5th April to do that

 

once we have the email , that and a copy of the out of time ntk/pcn , cel will be written too demanding they agree to a set aside by mutual consent foc to the op forthwith.

 

Dx

[brassnecked]

Yes the you would have lost had the claim been defended, and will lose if I pursue and setaside argument.

[MeVsPPC]

I contacted the gym and he said that he no longer has the email that he sent to them about the cancellation, which is strange because he had the response email from them? but maybe he had this saved to send to me before but forgot.

they (the gym owner) could definitely back me up saying that they have asked CEL to cancel and are willing to cancel the PCN on their end. 

 

Do you think what 'lookinforinfo' suggested would be a good idea?

If I contact CEL with all this information stating that the Gym owner has written to them asking to cancel and is willing to cancel the PCN.

I had accidently put in the wrong registration number when entering the gym but I was a fully paying member of that gym which is a de mininus in court.

 

The PCN was late.

[dx100uk]

6 minutes ago, MeVsPPC said:

they (the gym owner) could definitely back me up saying that they have asked CEL to cancel and are willing to cancel the PCN on their end. 

 

should this not be 'did tell CEL to cancel the PCN? 

they employed CEL to manage their parking, and if they tell CEL to do something, they as the gyms paid client under contract, they should do it!!

 

can i just check again, the gym owner has NOT re-contacted CEL since the CCJ, this is merely you/him commenting upon what happened in 2017?

 

dx

 

[MeVsPPC]

Yes it should be but according to CEL 'they cannot cancel the PCN as I have appealed to POPLA and had my appeal denied'

Which is such a BS answer to be honest.

 

Yes the gym owner has had no contact with CEL regarding my PCN since the CCJ, we are just commenting on his communication with them from the start when I first received the PCN.

 

[dx100uk]

i would suggest it would help your  case to get the owner to simply send you something IN WRITING email will do that confirms he DID send an initial email to CEL telling them to cancel the PCN, thus resulting in the reply email we already have from CEL to him. just to wrap any confusion up.

 

IMHO that should be enough then, with the OOT PCN evidence, to approach CEL regarding 

 

16 hours ago, dx100uk said:

once we have the email , that and a copy of the out of time ntk/pcn , cel will be written too demanding they agree to a set aside by mutual consent foc to the op forthwith.

 

Dx

 

[MeVsPPC]

Okay, I'll get on it right away!

What do you suggest I say to CEL?

Shall I say that I am writing to inform them of my intention to apply for the CCJ to be set aside.
Then list my reasons why?
The fact that me making a mistake when typing the registration number into the terminal makes it a  de mininus in court.

The PCN being out of time (2 months after incident)
The gym/car park owner writing to ask the PCN to be cancelled but you denied it. 
The gym/car park owner willing to put in writing of their wish for the PCN to be cancelled.
Mention the British Parking Association's (which CEL are a part of) new revised code of practice which overturns fines for registration errors - this was revised 6th January 2020.

The fact that I did not receive the Letter Of Claim due to moving address but if I would've received it and applied I would have won.

 

Anything else I should add/remove from my letter?

[dx100uk]

how has this word fine suddenly re appeared again...........

 

[MeVsPPC]

I meant PCN, but does that sound okay?

[dx100uk]

demanding a set aside by a claimant FOC to the defendant needs to be a tight box, whereby it's obvious to the claimant they have abused the court system by gaining a default judgement under foul means.

 

The only reason that meets this criteria, as far as i can see, is the fact the landowner who employed CEL to manage their car park under a strict contract, TOLD CEL to cancel the PCN.

 

providing evidence of this is all you should focus on , and the other 'bolt-on' reasons will somewhat detract from that one specific reason, which IMHO, without doubt, meets the required criteria.

 

have you to date contacted CEL since the CCJ discovery?

 

[MeVsPPC]

Okay, thanks for all your help so far!

No I haven't contacted CEL at all yet.

 

Do you think its best to do so by letter, email, phone call or all three?

[dx100uk]

we sometimes find it best to contact them on the hop by phone

that way they can't concoct some cock & bull story to counter your demand given time via say email or a letter

it might not work but i believe it has in the past.

 

you'd have to type in backdoor CCJ PCN in our top right search of the red banner and have a read.

 

it might well eventually result in a formal letter by royal mail and a set aside N244, etc though.

CEL are a slippery lot, though they never do things by the book and something always is wrong with every PCN they issue.

that could be where your addition 'items' of dispute play  their part too.

 

 

 

[brassnecked]

I'd concur with DX contact by phone in this instance once you have written a script to fire at them  and record the call if you possibly can.

[lookinforinfo]

It is not only the BPA that queries misdialing a registration number, the Government is also bringing out a new Code of Practice where the motorist has made a genuine innocent error such as miskeying reg  nos..

 

Indeed it is questionable whether the PCN should have been cancelled before it went to POPLA because of BPA's own Code of Conduct.

 

I notice that you have not named the carpark where it happened.

 

Do you think you could include it please as there may be other problems with their initial case.  

[MeVsPPC]

Okay, so I'm going to spend the day writing a script and then calling them.

 

If that fails then I will write them an email and send them a letter first class with proof of delivery & continue to try and get through to someone on the phone.

 

The car park was just a small carpark outside of my old local gym which was called Fitness Station.

 

I will attach a photo of a sign that was put up in the car park.

sign.pdf

[FTMDave]

Even better, the signs make no mention of any registration number inputting.

 

 

 

 

[honeybee13]

Is it these people?

 

https://www.fitnessstation.co.uk/

 

HB

[lookinforinfo]

So did you need a permit and if you did, why did it also need your registration number. What registration number did you use since it appears that it was not just one number that was wrong.

[MeVsPPC]

No, it's here: https://www.fitnessstationgym.co.uk/

 

No you don't need a permit.
If you are a member of the gym you turn up and park, then as you walk in the front doors there is a terminal you input your vehicle registration details on and then that registers your car for the day or whatever time limit it is.

I put in my other vehicle registration number in instead of the one I was using for that session.

[honeybee13]

Thank you for the link, I've altered your thread title.

 

HB