Court Judgement for Claimant (in defaul) for a Private Parking Charge Notice

[johnbear]

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?

[citizenB]

If the claim was issued in December 2014, you should have had your defence in by January/February 2015.

 

So I am not sure how being on holiday in August 2015 was an issue ?

 

A judgment in default is only given if no defence is submitted.

 

Once a claim has been issued and Judgment given, then it cannot be withdrawn, it has to be set aside for a reason - so you would need to have a credible defence anyway.

 

I will try and find someone who can advise further.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?452083-CEL-DEAL-parking-charge-CCJ-set-aside-now-have-14-days-to-submit-a-defence-help(2-Viewing)-nbsp

 

 

please name names who is the company

 

 

who took you to court?

 

 

dx

[johnbear]

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.

[dx100uk]

uptree barking at the wrong things.

 

 

for us to be able to advise probably

you need to name names.

 

 

the fact you were away has no bearing whatsoever

 

 

dx

[citizenB]

The answer to your question regarding the application fee is as follows..

 

Only if the set a side/defence is successful...and its requested within the application...otherwise no to point 1.

With regards to point 2 the claim can only be withdrawn if the set a side is successful and consent is agreed to either settle the claim or the claimant can be convinced to withdraw it (not sure that will happen no matter who he writes to)

 

Claims aren't sent by tracked mail in this country. Statutory demands would be hand delivered, usually by a process server (this because of the Bankruptcy implications).

 

My apologies for the confusion regarding the date of claim issue - having read your 1st post again, you do say that it was a letter before county court claim that was sent to you in December and not the claim itself.

[themagician]

you have been asked twice now for names,simple request.

we don't ask for the sake of it. you want the help.

[johnbear]

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]

[Andyorch]

Your answers are in post #6 above John.

 

Regards

 

Andy

[ericsbrother]

What is the date on the N1 claim form and when did you get it.

 

 

If you were on holiday for just the short time for the acknowledgement of service

why didnt you send it in and explain why as soon as you got back from hols.

 

 

They would then give you another 14 days to ack the claim and send in a defence.

 

 

What you are saying is only part of a story when it comes to getting a default judgement

so if it was that simple then yes, pay the £155 and defeat the claim

and you will get your money back and your other costs to boot.

 

Give us all of the facts and you will get more precise help.

[Ganymede]

What is the date on the N1 claim form and when did you get it.

 

 

If you were on holiday for just the short time for the acknowledgement of service

why didnt you send it in and explain why as soon as you got back from hols.

 

 

They would then give you another 14 days to ack the claim and send in a defence.

 

 

What you are saying is only part of a story when it comes to getting a default judgement

so if it was that simple then yes, pay the £155 and defeat the claim

and you will get your money back and your other costs to boot.

 

Give us all of the facts and you will get more precise help.

 

Assuming the OP is successful in the set aside (which he should be) I'm curious as to why you think the Court would order the Claimant to pay his costs of the application?

[citizenB]

What is the date on the N1 claim form and when did you get it.

 

 

If you were on holiday for just the short time for the acknowledgement of service

why didnt you send it in and explain why as soon as you got back from hols.

 

 

They would then give you another 14 days to ack the claim and send in a defence.

 

 

What you are saying is only part of a story when it comes to getting a default judgement

so if it was that simple then yes, pay the £155 and defeat the claim

and you will get your money back and your other costs to boot.

 

Give us all of the facts and you will get more precise help.

 

The OP does say he was away on holiday for most of August arriving back in early September.

[mikeymack2002]

This is one great example why you DO NOT ignore a PPC always appeal no matter what, then appeal to POPLA it cost the PPC every time someone appeals to POPLA...

[ericsbrother]

Assuming the OP is successful in the set aside (which he should be) I'm curious as to why you think the Court would order the Claimant to pay his costs of the application?

When the case is reheard (if DEAL want to press ahead) the OP can claim back those costs and any other costs associated in defending the claim. It is winner takes all. If DEAL dont want to carry on then you have spent £155 to get a CCJ cleared from your files.