O.K. the names are Parking Eye and the site is The Copthorn Tara Hotel in Kensington, London. The question again is if I apply to set the judgement aside by paying the £155 Court fee can I get it back if I win the case. My argument is that the parers were sent during the holiday season in August while I was abroad and could not reply to the claim and the claimant has taken the opportunity to obtain a judgement (in default) in their favour. There may be a sign in blue on the wall stating that there are parking fees but the time when I entered the site was at night and I could not have read it. I stayed in front of the Hotel reception for about 25 minutes waiting for a couple with a 2 year old child to take them out for dinner. One of the parents was held up changing the baby's nappies while we waited in front of the hotel and chatted with the other parent in full view of the doorman of the hotel. [ATTACH=CONFIG]59331[/ATTACH][ATTACH]59331[/ATTACH]

I don't want to name companies at this stage but most of you know who the litigious ones are. To clarify, in December 2014 a Letter before Court action was issued. The actual Court papers were filed in early August this year by the claimant while I was away on Holiday and missed the deadline as I came back in September. The papers were sent by ordinary post so no signature was obtained to prove that the claim was properly served. In most other Countries such papers must be delivered by registered mail and a signature of the defendant obtained but apparently in this Country you can obtain a Court ruling by simply claiming that the papers have been properly delivered to the defendant.

I was in dispute with Private Parking Company about a PCN. The last I heard from them was in February after a Letter Before County Court Claim was sent on 31 December 2014. I was away during August this year upon return from Holidays received a Judgement for Claimant (in default) which the Parking Company had filed during my absence and thus I could not file my defence within the 14 days statutory period. I can apply to get the Judgement set aside but there is a filing fee of £155. My first question is if I do so and get the subsequent judgement of the case by the Court in my favour can I claim back the application fee for setting the initial judgement aside? If not, there would be little point as the fee and the claim they won are similar amounts and I will end up out of pocket in any case. I intend to write to the site owner and complain about the underhand tactics of this firm that they employ but am not sure if they can force the Claimant to to withdraw their clam at this late stage and thus avoid any further costs? Is there a procedure for withdrawing a claim once a judgement (in default) has been issued by the Court?