CCJ from parking eye but they deliberately sent to old address

nicolanicola · 8 July 2017 at 10:00AM

I parked in a free for 1.5 hours car park a couple of months ago when we went out for a meal. I was 15 minutes late. They car park was 3/4 empty. I got various letters from them about a fine. But I listened to what everyone says and thought, they can't do anything.

Then they sent me a letter saying if I didn't pay then they'd be taking it to the county court. I was worried about this but thought it may be a threat, when I get any court documents, then I'll pay the fine.

To be absolute shock and horror I have discovered I've a CCJ on my credit file registered to my old addesss!! There's no way I would have received any court forms to attend the court or dispute the fine as they deliberately must have sent them to my old address.

They sent all letters prior to the CCJ to my current address so why is the CCJ at my old address I haven't lived at for over a year?

What can I do about this? If I'd had the chance on receiving any court documents I would have paid the fine.

The_Deep · 8 July 2017 at 10:05AM

This seems to be overwhelming incompetence on their part. I would engage an expensive QC, (are there any other), to deal with it on your behalf.

nicolanicola · 8 July 2017 at 10:06AM

I just want it off my credit file.

pappa_golf · 8 July 2017 at 10:13AM

nicolanicola wrote: »

I just want it off my credit file.

you will have to apply for a set aside , stating why you recieved no corrispondance , contact ther courts on monday and ask for copy , showing the address they used

your statement "I parked in a free for 1.5 hours car park a couple of months ago" however does not sound right , a few mths ago?

nicolanicola · 8 July 2017 at 10:13AM

Yes a few months ago. Why does that not sound right?

Umkomaas · 8 July 2017 at 10:18AM

You need to be urgently considering applying for a set-aside, as at the moment your credit rating is likely to be trashed, meaning you could have serious problems in getting a mortgage, loan or any form of credit, mobile phone contracts can prove difficult, and in some instances employment prospects can be hampered. And this is for the next 6 years.

A set-aside will cost you £255 (or £100 if on benefits, or PE agree to it, but you would also probably have to pay them whatever it is they say you 'owe' them for the parking charge).

You must have good reasons why you didn't defend yourself at the time of issue of the court papers (being sent to a wrong address would be a good reason) and you need to show that you have a reasonable prospect of defending PE's original case against you should they reissue proceedings.

Please read post #2 of the NEWBIES FAQ sticky which, inter alia, covers applying for a set-aside. In addition here are some other pertinent webpages to visit and read.

https://www.google.co.uk/search?q=CCJ+set+aside&cad=h

http://www.aboutsmallclaims.co.uk/

http://www.aboutsmallclaims.co.uk/county-court-judgement-against-you.html

http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html

Quentin · 8 July 2017 at 10:19AM

Are you sure this ccj relates to the incident you posted about?

It takes longer than 2 months between the incident and the conclusion of a court claim.

If it is this recent, then you may be in time to pay it off if that's your wish.

You have 30 days to do so from the date of the judgement

Otherwise read up on set aside a ccj.

pappa_golf · 8 July 2017 at 10:20AM

the timing , 14 days to recieve letter , follow up after 28 , further follow up another 28 days , letter of intended court action , 28 days , court papers , plus the required time to reply to them "x" days

PE do court , but not the day after , they have thousands of claoms and quite often court does not happen for well over 12 mths after the incident

I suggest you contact the court and get basic info (land it happened on) date of offence , etc etc ,

I feer that the paper you have been recieving recently are a seperate late incident that you are about to get court paperwork for shortly

nicolanicola · 8 July 2017 at 10:25AM

I think perhaps you are right and it's an old offence then. It was registered on the 8th June. I tried ringing the court yesterday to find out more about it but they were enagaged all day. I then emailed them and they said it could take 10-14 working days to reply.

What else can I do? PE have my new address clearly as they've sent another fine to me. Do they not need to perform any due dilligence to check if I have moved? E.g. Check with DVLA if registered keepers addrsss has changed?

pappa_golf · 8 July 2017 at 10:28AM

due dilligence YES on all cases that exceed 6 mths from the date of the ticket

HOWEVER under UK law , PE are only ALLOWED to get your info ONCE (per case) from the DVLA , and in the case of a ANPR type ticket this mist be before and served on the keeper within 14 days

due dilligence , UK law and private parking do not go together

nicolanicola · 8 July 2017 at 10:31AM

pappa_golf wrote: »

due dilligence YES on all cases that exceed 6 mths from the date of the ticket

HOWEVER under UK law , PE are only ALLOWED to get your info ONCE (per case) from the DVLA , and in the case of a ANPR type ticket this mist be before and served on the keeper within 14 days

due dilligence , UK law and private parking do not go together

So what can I do? They obviously have my new address as they wrote to me with a fine 3 months ago. I've missed the deadline for paying it too - it was registered on 8th June. Today is 8th July but it's a Saturday. But I did try to find out details about it yesterday but could not get in touch with the court. I have phone and email records.

CCJ from parking eye but they deliberately sent to old address

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