Thanks, the judge has allocated 45 minutes (should I be worried?) We didn't initially get the paperwork because the claimant put the wrong address - it went to a vacant building. Also, the claimants have listed this against (directors name) (business name) as if they are one entity, so... I was thinking of asking that the case gets struck because... who are they suing?? That'd be me that wrote that, trying to limit the words but get all.points in.... (so consider me shot!) What questions need answering? Regarding the fee, the Court have said that if they agree, either 1) that the first statement submitted should have been accepted as its a firm not an individual... the firm is named on the claim... or 2) that the resubmitted statement was submitted *before* the claimants applied for Judgement but processing was delayed by court backlog... which it seems it was, or 3) that the CCJ should not have been issued in the same day as the statement was accepted, so admin error by the Court Then we get the £275 back. I think we satisfy all three of these criteria.

Thank you! I'm struggling with the technology side. The illegible scans- actually are more clear than the originals! The background is, the claimants put the wrong address on the correspondences, so the paperwork initially went to the wrong address, which just happened to be a vacant unit at the time, *months* later, when the agent visited, he scanned in the documents to email them to us... which makes these scans, scans of scans of documents that had been sitting on an oily floor for months! I intended to rewrite the content of the first letter (which I can read with difficulty) but first, I was doing battle with the tech system, which I'm renaming the lawnmower man!

K9GM75W1.pdf

PCN: We refer to the above, and the hearing to set aside judgment scheduled to take place on 2/10/2023 at 10:00 AM. We hereby give notice that we will not be in attendance at the hearing. As such, we kindly request that the following point be taken into consideration at the hearing: We have read the Defendant’s reasons for making the application and, in keeping with the overriding objective (CPR 1.1), we made an offer to set aside the CCJ, dismiss the Claim AND no order for costs (see attached), however, the Defendant did not respond. If the Judge believes it appropriate, the Claimant agrees to the removal of the Judgment and for the Claim to be restored, and no order for the Defendant’s costs to be made, as the application was of the Defendant’s own making. In the alternative, if the judge believes it appropriate to restore the Claim, we would additionally agree to the Claim being settled at £135 so as to avoid more Court time being wasted and costs being incurred (by the Defendant and Claimant). Yours faithfully

@FTMDave I have the documents redacted of personal details and ready to upload, I just can't figure out how to do it! The upload button says it should accept pdfs (which is what they are) but it's not letting me do it.

I'm struggling to figure out how to update these files. As update, a hearing for set aside has been set for 2nd Oct, the claimants first replied saying I didn't have a hope in hell (paraphrasing!) And should pay them £175 in which case they wouldn't oppose removal of the ccj. We rejected that offer because it means we cant get the £275 application fee back. Then they wrote to say they hadnt got our reply to their offer so we are being unreasonable, they won't attend the hearing, they've written to the court saying that the ccj should stand and if the court disagrees, then they offer settlement at £135. I would like some help with this, and I've got all the documents on Adobe but I can't figure out how to upload them here. It's not allowing the upload from Adobe, or from screenshot.

@FTMDave and @lookinforinfo thank you so much for your help, I'm trying to get the documents copied redacted and uploaded ASAP However, I have some personal issues going on in the background here, which have somewhat slowed me down in this regard! Thank you for your patience!

1 Date of the infringement 21/11/2021 Date on the NTK [this must have been received within 14 days from the 'offence' date] The original was not received by us, neither did our client tell us they had a ticket. The reason we didnt get any correspondence from the claimant was because they sent it to an incorrect address (12, which was unoccupied at the time, instead if units 1&2). The first correspondence we got was their Final reminder, at which point we replied explaining that a customer had been driving and identifying her. The customer also confirmed in writing that it was was hers. 3 Date received 15/11/2022 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] We didn't get a notice to keeper, the first correspondence that we received does not mention the Protection of Freedoms Act 5 Is there any photographic evidence of the event? Not that we have seen yet 6 Have you appealed? [Y/N?] post up your appeal] Yes, obviously out of time, but we explained who the driver was and that the car was not in our care or control at the time and the driver also confirmed this. Have you had a response? [Y/N?] post it up No 7 Who is the parking company? Civil Enforcement 8. Where exactly [carpark name and location Greyfriars Car Park Priory Road Bedford MK40 1BY For either option, does it say which appeals body they operate under. BPA If you have received any other correspondence, please mention it here Final Letter before action and then the claim form

@lookinforinfo I can't see the questionnaire? Have you gotya link?

@FTMDave OK, thanks, I will upload it this evening, I'm just doing the reductions first. I think we are minded to reject the offer and take our chances with the Court. We are considering (if we win the N244 hearing) whether we should consider making them an offer to pay the £35 if they withdraw the case.

@Nicky Boy @BankFodder I am going to post the application and defence but I need to redact the personal details first (didn't have time today!) . The defence is 1) that the car was owned by the business so the Director shouldn't have been on the claim 2) it was neither the Director nor an employee of the company driving at the time, so neither of them were aware of, nor capable of, entering into any contract with the claimant. The application is made on the basis that 1) a valid defence was properly submitted on time and should have been accepted for the business which is the named defendant. 2) Having pointed this out, the Court accepted the defence which we had re-submitted to the Court on the same day as we recieved the rejection. 3) we recieved the rejection late because it was sent to the wrong address by the court, which left less time on the clock for us to resubmit, however, the time that we resubmitted it was still within time, it just went out of time by the time that the Court got around to processing it. 4) But for the Courts delays in processing the defence, (a fact beyond our control) it would have been accepted by the Court *before* the defendant was eligible to apply for judgment; and the Court having confirmed that requests for judgment are not subject to the same delays, thats why both the resubmission and the CCJ order were processed on the same day. Why didn't I come here sooner? Until the Judgment was granted on the same day as the resubmitted defence (which was submitted within time) this was a straight forward defended case, and we are confident in the defence. We have never run into this scenario before and never dealt with a 244 app to set aside, so I'm unfamiliar with how those normally proceed. What's the liklihood of success in such a case?

The court couldn't say if the fee would be refunded or not, and we feel our defence is strong, so we are minded not to accept the offer. The *only* reason to accept is to get rid if the CCJ - we've never done an application like this before and really just wondered whats the chances of success? If the Court *do* set it aside, we'd at least have a trial and time to pay it without it being registered against us on our credit file. Thoughts?

We run a garage which allows the clients to use a courtesy car for free, one such client got a parking ticket, normal replies to the ticket were made but CE took it to court. In the claim they named the Director *and* the business as if they were a single entity. We defended the claim but the defence was rejected because the Court believed the case to be against the Director, and originally he'd been on holiday so it was signed by an authorised member of staff. We corrected the Court on this and re-submitted the defence immediately, and the defence was accepted by the Court. However on the same day as they accepted our defence, the Court also entered a Judgment against us in favour of CE. We have applied to set the Judgment aside (and toss the case as its against both Director and Company as if they are one entity). *The application to set aside does include the defence that it was neither the director nor the company that entered into a contract with CE*, this bit becomes important! . The case has been sent to District Judge for hearing. Today, we have received a without prejudice offer from CE to accept setting judgment aside if we pay their original £100 fee plus the Court fee of £35. In their offer they accept that the Court didn't process our defence in a timely manner but state that our application does not lay out any defence to the charge (which actually it does) and state that for this reason they anticipate that the application will fail and judgment would not be set aside. Obviously, having a CCJ on file is a major issue, so we have to consider this offer carefully but our questions are: 1) In the hive mi ds experience, what is the likelihood that the application to set judgment aside will succeed and allow the case to proceed to trial? 2) Were we to accept the offer would the Court refund the application fee (£275)... because if not then we would still be significantly out of pocket and the only gain would be clearing the CCJ! 3) What would y'all do?

If you weren't aware of the hearing you can apply to the court to get the ccj removed by filling in a form and paying £275 (you can get that back if the ccj is wiped) The court will typically wipe the ccj but arrange a new hearing for you to defend against the ticket, so the you'll need to ask civil enforcement for their evidence, so that you can assess your defence and orepare for trial, or settle the claim without getting a ccj.

Can the terms on the signs be clearly read from the drivers position? Is the penalty amount more prominent than anything else on the sign? Do they have a picture of your car *parked* in a position where you couldn't miss those signs? If parking was "free if you entered your details" what service were they charging *you* for? (Remember, they can't charge you a penalty! You have to have bought a service from them! Have you seen a valid, signed contract between them and the landowner allowing them to monitor the site? What terms does it say? You only need to win *one* of these or other points to win at court. Only 5% of cases even go to court. I'd reply to it (making no admissions about leaving the area, just say that you saw signs that said it was free. They'll reject that appeal, after that you can either appeal to POPLA or wait and see if they're dumb enough to take it to court. If you get a Money Court Claim from them come back to us and we can help you fight it.