Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: Astrahope on September 03, 2023, 04:16:49 am
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I had one permanently set aside a few years back, having moved address and the court claim was delivered to the wrong address. I have also heard of set asides for people who have been out of the country, ill etc. Essentially, the law will allows set aside if the defendant can demonstate that they didnt have or couldn't have had received service of papers..
Its a very simple process, fill in the court form for set asides, pay the fee and the court in time will give a date when they will look at it. I had an informal 5 minute hearing on my one, the claimant didnt turn up/or write in to defend and it was set aside. End of.
Bear in mind though, once the Claimant is served of your application to set aside, they may well start the process from the beginning, but I guess at least it should be alot less cash to find!
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I do remember calling them as well at the time just to be 100% sure about the parking, they just said to me as long as I park in the mark to be it’ll be fine. that was the customer service number that’s on the signage.
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Because they disappeared for nearly 3 years with I contact I didn’t keep any off the paper work and I don’t even knows what to look for in my emails I have deleted a lot of old emails also. I have attached another sign I saw of the area this was infront of the gate to the building site adjacent to the parking bays.
I know that it must be for private parking fine as there’s nothing else I can think of of why I would’ve been taken to court for especially because the information I did see I saw that the location of Windsor being on there and that’s where I got the private parking fine.
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I'm not sure what research you have done to date, but you should familiarise yourself with the process you will need to follow in order to get the judgement set aside - the MSE Parking Forum has some useful guidance on this, here: https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585 (https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585) (Scroll down past the bit about defending court claims and there's a section on set asides).
Regarding the enforcability of the charge itself, we don't have much info to go on, but that sign doesn't impose any conditions around permits etc. Can you show us the original notice you received, as well as your appeal, and photos of any other signage that was at the site at the time?
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Hello all, I need to get more information from the courts, but I noticed on my credit for a CCJ was added June of last year and I believe it’s in relation to a private parking fine that I received in Windsor in april 2019.
I’ve been doing a lot of research and I know that I can have the judgement set aside because anything would’ve been sent to my old address, even though I did update it and because of a break up with an abusive partner who had left the country because of a crime he committed. I was not in the right headspace to get a lot of my paperwork sorted out properly. I thought that I had changed my address on my logbook, but I didn’t realise I hadn’t and only changed my driving license.
I believe I have a strong defence because at the time I remember appealing the parking fine and I sent them pictures of the signage and all it said on the signage was to make sure you park in a mark to pay. It didn’t say anything about any permits or restricted parking.
They changed the signage July/august 2019 because I presume my appeal and potentially other complaints.
They did reject one of my appeals but never heard anything back from them after that. As far as I was aware.
Can anyone please help and advice if I would have a strong enough case in order to have the judgement set aside?
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