Anyone successfully fought ParkingEye to remove a CCJ?

MonkeyMummy · 28 July 2016 at 11:38PM

Hoping someone has been in this position and can advise...
I received a parking fine from ParkingEye some time back, this resulted in a CCJ after a few months. However due to moving house I was completely unaware of the whole matter. It was only 7 months after the original parking incident that I received notification from ParkingEye (to my current address), by which time it was too late to defend myself. Admittedly, I was late in updating the DVLA with my new address, I actually updated them around the same time as the alleged offence, but not soon enough, which was purely an oversight (I have many valid reasons for my period of forgetfulness). I'd updated all other accounts but accidentally forgot this one.

This all happened in 2014, but not knowing whether I have a real hope to fight this, and being very daunted by the thought of going to court, I have buried my head in the sand for a long time. I don't dispute the original fine, just the fact that I wasn't able to pay it or dispute it before court because I didn't know about it. I want to clear my name.

So after finally 'manning up' and applying for a set aside I now have a hearing date for the County Court. My question is for anyone who has successfully fought ParkingEye in similar circumstances and had a CCJ removed. What can I expect at the court hearing???? Will it be very scary? I will take along all the paperwork I submitted for the set aside application. But other than that I'm not sure what preparations to make. I am very anxious about going to court. The parking fine was from so long ago that I'm sure that will go against me. Before all this I had a perfect credit rating and it's plummeted since. I'd written to Parking Eye soon after I found out, for consent for the judgement to be set aside, but they refused. Although I genuinely didn't see the signs in the car park, I don't have any defence against the fine, but I would've sorted it out way before it going to court. I desperately want to get the CCJ removed and restore my credit rating so that we can get a new mortgage to move house. Do I have any hope???! I hope it makes sense and someone can offer advice. Thanks in advance.

beamerguy · 28 July 2016 at 11:58PM

MonkeyMummy wrote: »

Hoping someone has been in this position and can advise...
I received a parking fine from ParkingEye some time back, this resulted in a CCJ after a few months. However due to moving house I was completely unaware of the whole matter. It was only 7 months after the original parking incident that I received notification from ParkingEye (to my current address), by which time it was too late to defend myself. Admittedly, I was late in updating the DVLA with my new address, I actually updated them around the same time as the alleged offence, but not soon enough, which was purely an oversight (I have many valid reasons for my period of forgetfulness). I'd updated all other accounts but accidentally forgot this one.

This all happened in 2014, but not knowing whether I have a real hope to fight this, and being very daunted by the thought of going to court, I have buried my head in the sand for a long time. I don't dispute the original fine, just the fact that I wasn't able to pay it or dispute it before court because I didn't know about it. I want to clear my name.

So after finally 'manning up' and applying for a set aside I now have a hearing date for the County Court. My question is for anyone who has successfully fought ParkingEye in similar circumstances and had a CCJ removed. What can I expect at the court hearing???? Will it be very scary? I will take along all the paperwork I submitted for the set aside application. But other than that I'm not sure what preparations to make. I am very anxious about going to court. The parking fine was from so long ago that I'm sure that will go against me. Before all this I had a perfect credit rating and it's plummeted since. I'd written to Parking Eye soon after I found out, for consent for the judgement to be set aside, but they refused. Although I genuinely didn't see the signs in the car park, I don't have any defence against the fine, but I would've sorted it out way before it going to court. I desperately want to get the CCJ removed and restore my credit rating so that we can get a new mortgage to move house. Do I have any hope???! I hope it makes sense and someone can offer advice. Thanks in advance.

You will need a good defence.
You do realise that you can add notes on your credit file with all the credit reference agencies. It's free and lenders will read the notes.
As the amount will be small, up to £200 or so, lenders will understand if you explain the situation and in particular this was not a debt but part of a huge scam running riot through the country.
Parking Eye would have won by default only because you did not attend court.

Even managers of banks and building societies will know of the scam, they probably have had the same problem or know someone who has.

Parking Eye are a nasty company who like to punish motorists all in the cause of lining their greedy pockets

pappa_golf · 29 July 2016 at 12:32AM

you say you updated your documents shortly after the incident , that is OK , how where you to know of a "speculative" invoice floating about

register your interest here http://casehub.com/cases/parking-eye-ccj-fines

System · 29 July 2016 at 6:57AM

Although I genuinely didn't see the signs in the car park, I don't have any defence against the fine, but I would've sorted it out way before it going to court.

If I read your thread correctly, you do not appear to have a solid defence but you need the CCJ removed?

Have you contacted ParkingEye with a view to coming to a deal with them? They have no interest in you having a CCJ but do have an interest in you paying them. See if they will agree to a non-contested set-aside on the basis that you will meet their financial demands. They have been known to work with people who have received a CCJ in such circumstances (moved house). Courts sometimes can be hard on defendants who do not update the DVLA when moving house and see ParkingEye as "blameless".

The_Deep · 29 July 2016 at 11:16AM

Nothing to be scared about. County Court is a million miles away from Judge John Deed, think Ryder without the robes, flags and theatre. I am sure that PE will do a deal if you offer them enough money, they are very partial to money.

MonkeyMummy · 29 July 2016 at 11:51AM

Thank you for the quick responses all, much appreciated. I did know it's possible to add notes to your credit file, although have seen people say on here that lenders don't take notice of this. However, if there's a possibility it will help then I have nothing to lose. So if the CCJ doesn't get removed I will do this. Thank you Beamerguy.

After seeing advice on here I have already registered my details with CaseHub. Only a few more cases needed until they have the minimum 250. Thank you Pappa Golf

It was unfortunate that I sent my updated V5C on exactly the same day as the offence, (have photocopy showing the date), though DVLA say it wasn't received for week, hence PE getting my old address. I can argue that I did not receive the original PE letters, nor a court letter. And provide several reasons as to why I was preoccupied and overlooked updating the V5C earlier. But I guess unless I get a sympathetic judge then that won't be enough of a defence.

IamEmanresu - so here ....If PE agreed (presumably has to be in writing, not verbal, and received before set aside), then does that mean we both attend the hearing and tell the judge that it has been resolved, and the judge then agrees to remove the CCJ? The hearing is in less than 4 weeks so I'm nervous that they would not respond promptly enough to resolve it beforehand. They've been slow with previous correspondence. It's less about the money now and more about the CCJ, so even though I despise these parasites I would consider anything to clear my name.

Thanks all

MonkeyMummy · 29 July 2016 at 11:56AM

Thank you also The Deep. It's very daunting and although part of me wants to give them hell in court, I feel it's more important to resolve it in the least aggressive manner so I can get on with my life.

Quentin · 29 July 2016 at 11:57AM

Google set aside by consent to see how easy it could be to get this removed if you can do a deal with PE. (A set aside by consent is cheaper than applying for a set aside and attending a hearing just toi get the CCJ set aside - £100 fee for set aside by consent v £255 for a "normal" set aside application)

If you get this agreed with PE quickly no hearing for the set aside will be necessary, you can cancel the upcoming set aside hearing and get a refund of the court fee.

MonkeyMummy · 29 July 2016 at 6:48PM

Thank you Quentin, this is interesting. I'm looking into it. Do you know at which point the court would say 'no, too late to refund the original set aside application'?

Quentin · 29 July 2016 at 7:02PM

Check with the court to be sure, there is a sliding scale for refunds for cancelled hearings

MonkeyMummy · 29 July 2016 at 8:34PM

Oh actually, I wrote to PE last year requesting their consent to the judgement being set aside and they refused. This is the same as 'non-contested set aside' right???
So it looks like my only option is to go to the hearing and hope I have a lenient judge?

Anyone successfully fought ParkingEye to remove a CCJ?

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