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  • FIRST POST
    • Tawny_Owl
    • By Tawny_Owl 13th Oct 16, 12:36 AM
    • 23Posts
    • 19Thanks
    Tawny_Owl
    I'm taking the militant approach - Will Parking Eye send bailiffs ?
    • #1
    • 13th Oct 16, 12:36 AM
    I'm taking the militant approach - Will Parking Eye send bailiffs ? 13th Oct 16 at 12:36 AM
    I was hoping Parking Eye would give up chasing me for a ticket issued in Southampton this Summer, but they've issued me with a CCJ for £197. I've made no attempt to appeal, because that would be admitting liability. What happened was that I was forced to park in their controlled zone because the free short-stay spaces at the Red Funnel Ferry terminal were all occupied. The land is owned by ABP (Associated British Ports). ABP only issue the free spaces to Red Funnel as a good will gesture but since Parking Eye are effectively sub-contracted by them, I maintain that there should be more short-stay spaces. As I was on Red Funnel business, I had no intention of paying to park - and that's why I'm taking the militant approach to this incident. One final thing...this happened on a Sunday (although Parking Eye's charges still apply as if it's a weekday).


    As regards the CCJ, if it impacts my credit rating I'm not bothered : I can live with this as I'm not planning to borrow anything in the next 6 years.


    I've decided I'm going to be hard work for them to get me to pay up, and having read that Parking Eye are part of "Crapita" makes me more reluctant to pay them a single penny.


    So, the question is: Are Parking Eye likely to take further court action to get me to pay up ? If so, what method do they use to recover the debt ?


    I would consider writing to ABP (as the landowner) and/or the British Parking Association with an official complaint about Parking Eye, asking if those organisations could intervene and force PE to write off the debt, I may be lucky.
Page 1
    • pappa golf
    • By pappa golf 13th Oct 16, 1:15 AM
    • 5,384 Posts
    • 4,916 Thanks
    pappa golf
    • #2
    • 13th Oct 16, 1:15 AM
    • #2
    • 13th Oct 16, 1:15 AM
    to late now , you could have easily fought and won it , but you buried your head


    a clue might be in your post "The land is owned by ABP (Associated British Ports."


    PE will probably not "send in the bailiffs " , but your credit (mobile phone contract etc) will be trashed for 6 yrs
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • hoohoo
    • By hoohoo 13th Oct 16, 6:13 AM
    • 1,581 Posts
    • 2,845 Thanks
    hoohoo
    • #3
    • 13th Oct 16, 6:13 AM
    • #3
    • 13th Oct 16, 6:13 AM
    If you wanted to take a militant approach you would have been far better off filing a defence and contesting the claim.

    That way, parkingeye, win or lose the case, would have lost money.

    Now they have the upper hand and can make life miserable for you at little cost to themselves.

    I think you are taking the wrong approach
    Dedicated to driving up standards in parking
    • fisherjim
    • By fisherjim 13th Oct 16, 7:50 AM
    • 1,719 Posts
    • 2,369 Thanks
    fisherjim
    • #4
    • 13th Oct 16, 7:50 AM
    • #4
    • 13th Oct 16, 7:50 AM
    "I'm taking the militant approach..."

    Why on earth have you waited until now?

    "I would consider writing to ABP (as the landowner) and/or the British Parking Association with an official complaint about Parking Eye, asking if those organisations could intervene and force PE to write off the debt, I may be lucky."

    You should have done that in the first place, good luck!
    To quote the words of the great Count Arthur Strong "You Couldn't make it up"
    • bargepole
    • By bargepole 13th Oct 16, 7:51 AM
    • 1,855 Posts
    • 5,021 Thanks
    bargepole
    • #5
    • 13th Oct 16, 7:51 AM
    • #5
    • 13th Oct 16, 7:51 AM
    As regards the CCJ, if it impacts my credit rating I'm not bothered : I can live with this as I'm not planning to borrow anything in the next 6 years. ...
    Originally posted by Tawny_Owl
    This may not be as simple as you think. Taking out a mobile phone contract, for example, involves a credit check.

    Also if you apply for any sort of bank account, even one which doesn't carry any form of overdraft or lending facility, your credit record will be checked.

    The same applies should you wish to change your utilities provider.

    You'll need to make sure you change nothing at all in the next 6 years to survive this.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 17. Lost 5.
    • Fruitcake
    • By Fruitcake 13th Oct 16, 8:10 AM
    • 36,467 Posts
    • 73,293 Thanks
    Fruitcake
    • #6
    • 13th Oct 16, 8:10 AM
    • #6
    • 13th Oct 16, 8:10 AM
    Please will you just confirm that you have already lost in court and got a CCJ, not that you are being threatened with court.
    I don't understand why ignoring court papers makes you militant.
    If Bylaws apply then I don't understand why you would sleepwalk through this instead of telling parking lie to FRO. This would have been so easy to beat.

    If you do have a CCJ, and don't pay it, then the courts could send bailiffs round.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • The Slithy Tove
    • By The Slithy Tove 13th Oct 16, 8:15 AM
    • 3,095 Posts
    • 4,387 Thanks
    The Slithy Tove
    • #7
    • 13th Oct 16, 8:15 AM
    • #7
    • 13th Oct 16, 8:15 AM
    So much that is wrong.
    I was hoping Parking Eye would give up chasing me for a ticket issued in Southampton this Summer, but they've issued me with a CCJ for £197.
    Originally posted by Tawny_Owl
    ParkingEye cannot issue a CCJ, so what do you really mean? An actual CCJ from a court as a result of a default win would normally be more than this with PE.
    I've made no attempt to appeal, because that would be admitting liability.
    Originally posted by Tawny_Owl
    Complete failure in logic there. The whole point of appealing is BECAUSE you don't accept liability.
    • Umkomaas
    • By Umkomaas 13th Oct 16, 9:26 AM
    • 10,990 Posts
    • 16,400 Thanks
    Umkomaas
    • #8
    • 13th Oct 16, 9:26 AM
    • #8
    • 13th Oct 16, 9:26 AM
    Since when has 'I'm taking the militant approach' meant doing nothing?

    A slap in the face for militants everywhere.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • The Deep
    • By The Deep 13th Oct 16, 9:40 AM
    • 5,561 Posts
    • 4,272 Thanks
    The Deep
    • #9
    • 13th Oct 16, 9:40 AM
    • #9
    • 13th Oct 16, 9:40 AM
    I very much doubt that the OP has been awarded a CCJ, the ticket was only issued this summer. I suspaect that he/she has been threatened with one.


    If that is the case, they should stop be silly and acquaint themselves with how to defend a court case.


    Defiance is fine for The Donald, but is OP worth £100 Billion?
    • Umkomaas
    • By Umkomaas 13th Oct 16, 10:51 AM
    • 10,990 Posts
    • 16,400 Thanks
    Umkomaas
    I very much doubt that the OP has been awarded a CCJ, the ticket was only issued this summer. I suspaect that he/she has been threatened with one.


    If that is the case, they should stop be silly and acquaint themselves with how to defend a court case.


    Defiance is fine for The Donald, but is OP worth £100 Billion?
    Originally posted by The Deep
    It's more like $3.7 billion.

    http://www.forbes.com/donald-trump/#2ca242da790b

    I must have told you 500 million times before TD - stop exaggerating.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Tawny_Owl
    • By Tawny_Owl 13th Oct 16, 3:46 PM
    • 23 Posts
    • 19 Thanks
    Tawny_Owl
    Many Thanks for all your replies. :-)

    In answer to your questions.....
    Not so long ago, the general advice was to ignore these private tickets, which are not PCNs. Fact. The only way they could actually get you to pay the fine is through a court and because this is a hassle they eventually gave up chasing you after sending you a few letters. I have experience of this !
    Fast forward a few years, and these private companies have "upped the ante" and are now proceeding down the court route.
    I'm probably stuck in the past, which is why I haven't appealed and hoping that Parking Eye would eventually give up (as they've previously done so).
    As regards filing a defence and contesting the claim, I do have a solicitor, my counterclaim would be that there weren't enough short-term parking spaces available. If I were to go down that route it would incur me extra costs, not to mention my solicitor's bill. I'm concerned that I wouldn't have enough evidence and it would be a big gamble.
    Re:CCJ
    There's another thread on this forum mentioning that someone had received a "Letter before court action" from PE. I have also received this one. Because I ignored this, I received a claim letter from the court. And because I ignored the claim letter, I received a Judgement for Claimant letter from the court. At the foot of the letter it states 'If you ignore this order your goods may be removed and sold, or other enforcement proceedings may be taken against you.....'
    The key word here is MAY. As I understand it, PE will need to apply to the court again to recover the debt. Then again, they MAY NOT because surely it is more hassle for them.
    That's where it stands at the moment.
    • Rimmerworld
    • By Rimmerworld 13th Oct 16, 3:53 PM
    • 24 Posts
    • 15 Thanks
    Rimmerworld
    Many Thanks for all your replies. :-)
    There's another thread on this forum mentioning that someone had received a "Letter before court action" from PE. I have also received this one. Because I ignored this, I received a claim letter from the court. And because I ignored the claim letter, I received a Judgement for Claimant letter from the court. At the foot of the letter it states 'If you ignore this order your goods may be removed and sold, or other enforcement proceedings may be taken against you.....'
    The key word here is MAY. As I understand it, PE will need to apply to the court again to recover the debt. Then again, they MAY NOT because surely it is more hassle for them.
    That's where it stands at the moment.
    Originally posted by Tawny_Owl
    You always respond to the LBC. I'm sure the more knowledgeable members will be on here soon to assess your options.
    • Umkomaas
    • By Umkomaas 13th Oct 16, 3:57 PM
    • 10,990 Posts
    • 16,400 Thanks
    Umkomaas
    I know you say that you're not bothered about your credit score, but you might just want to do a check on where it's at right now. Not sure how long since the CCJ, but I expect your credit score will be trashed.

    Please read this thread, then get complaining.

    http://forums.moneysavingexpert.com/showthread.php?t=5524754

    If you're planning to take legal action against PE, you'll need deep pockets. PE's pockets are very, very deep!
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • Coupon-mad
    • By Coupon-mad 13th Oct 16, 5:35 PM
    • 40,488 Posts
    • 52,378 Thanks
    Coupon-mad
    Sounds like it would have been so easy to win at POPLA, too. Not 'relevant land', two template appeal stages by the keeper, job done.

    Can you please join our campaign by writing to the Government and your MP about being 'credit clamped' (which you now are):

    http://forums.moneysavingexpert.com/showthread.php?t=5524754

    You have been credit clamped as a registered keeper despite this not being 'relevant land' so 'keeper liability' under the POFA did not even apply. PE did not even have to show you were liable, that the driver agreed to a contract, no facts, nothing. WRONG WRONG WRONG.

    Please write to Mrs May and Mr Corbyn to have a rant about this situation where you await the possibility of bailiffs for SIX YEARS due to this ridiculously unfair charge from a monster of a crapita-owned parking firm (the one that the Supreme Court Judges decided to 'adjust and update' the penalty rule for). WRONG WRONG WRONG.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Ralph-y
    • By Ralph-y 13th Oct 16, 6:01 PM
    • 2,242 Posts
    • 2,725 Thanks
    Ralph-y
    there is a campaign group looking for people who have a CCJ against them obtained by PE ....

    it might be worth your while google-ing to find them

    Ralph
    • Umkomaas
    • By Umkomaas 13th Oct 16, 6:03 PM
    • 10,990 Posts
    • 16,400 Thanks
    Umkomaas
    there is a campaign group looking for people who have a CCJ against them obtained by PE ....

    it might be worth your while google-ing to find them

    Ralph
    Originally posted by Ralph-y
    http://casehub.com/cases/parking-eye-ccj-fines
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
    • ratechaser
    • By ratechaser 13th Oct 16, 10:52 PM
    • 406 Posts
    • 311 Thanks
    ratechaser
    You have been credit clamped as a registered keeper despite this not being 'relevant land' so 'keeper liability' under the POFA did not even apply. PE did not even have to show you were liable, that the driver agreed to a contract, no facts, nothing. WRONG WRONG .
    Originally posted by Coupon-mad
    I'll be the latest to weigh in here and say that this so called 'militant approach' is frankly nuts. But given that the judgement appears to be be so flawed on a number of points of law, doesn't it make getting a set-aside more achievable?

    Of course OP, if you are really seeking martyrdom, don't let me get in your way...
    • Coupon-mad
    • By Coupon-mad 13th Oct 16, 10:53 PM
    • 40,488 Posts
    • 52,378 Thanks
    Coupon-mad
    Yes he could get this set aside but didn't seem to want to!
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 13th Oct 16, 10:56 PM
    • 10,990 Posts
    • 16,400 Thanks
    Umkomaas
    Yes he could get this set aside but didn't seem to want to!
    Originally posted by Coupon-mad
    I suspect he might be back in a few weeks time, trying to find a way around this.

    Time is not on his side; getting a set-aside late on in the process becomes more difficult/unlikely.
    NEWBIES - wise up - DO NOT IGNORE A PARKING CHARGE NOTICE - you have been warned!

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Please note: I am NOT involved in any 'paid for' appeals service.
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