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  • FIRST POST
    • Nanchild
    • By Nanchild 26th Jun 17, 10:46 AM
    • 29Posts
    • 4Thanks
    Nanchild
    CCJ, Addresses, parking eye and more advise needed please
    • #1
    • 26th Jun 17, 10:46 AM
    CCJ, Addresses, parking eye and more advise needed please 26th Jun 17 at 10:46 AM
    Hi all,

    I've had a good gander on the site but couldn't find my exact problem.

    Long story short, Got a CCJ from overstaying in Lidl carpark back in 2015. I wasn't the person driving but the person who was did buy stuff in Lidl. I didn't get any correspondence from parking eye and am trying to determine if I updated my details to the DVLA. Can someone advise of my game plan either way? If I can't fight on the grounds that I didn't update DVLA, can I ask for the correspondence to be resent and try and get them on a technicality? What about the fact that it wasn't me that was driving, anything I can do there?

    Cheers.
Page 3
    • Nanchild
    • By Nanchild 29th Jun 17, 7:35 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    Would a judge rule against it if parking eye agreed to set aside?
    • Coupon-mad
    • By Coupon-mad 29th Jun 17, 7:39 PM
    • 49,037 Posts
    • 62,490 Thanks
    Coupon-mad
    No, highly unlikely, IMHO. As long as you show the Judge that you had good reason not to have defended the claim at the time.

    Worth asking PE to agree, and applying on that basis if they do.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Quentin
    • By Quentin 29th Jun 17, 7:40 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    Would a judge rule against it if parking eye agreed to set aside?
    Originally posted by Nanchild


    It's possible


    They don't like "credit repair" arrangements like this


    You stand a better chance if both sides use solicitors.
    Last edited by Quentin; 29-06-2017 at 7:43 PM.
    • waamo
    • By waamo 29th Jun 17, 7:43 PM
    • 1,935 Posts
    • 2,310 Thanks
    waamo
    You have nothing to lose in asking at this point. There has been the odd occasion it's worked. Don't build your hopes up too much though as I recall occasions where they've refused as well.
    This space for hire.
    • Nanchild
    • By Nanchild 29th Jun 17, 8:00 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    Thanks again all. Will let you know what happens, if anything.
    • Coupon-mad
    • By Coupon-mad 29th Jun 17, 9:41 PM
    • 49,037 Posts
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    Coupon-mad
    Read about 'set aside Friday' tomorrow:

    http://parking-prankster.blogspot.co.uk/2017/06/set-aside-friday.html

    It has been noticeable recently that stupid amounts of claims have been followed by a significant number of set asides.

    The parking industry is wrecking the credit of ordinary, innocent people. One day this scandal will be properly recognised and dealt with but right now they are a pariah and deserve everything aimed at them (except your money).

    If anyone reading this works for the private parking industry - shame on you.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • nigelbb
    • By nigelbb 30th Jun 17, 7:40 AM
    • 1,924 Posts
    • 2,678 Thanks
    nigelbb
    Argh! my girlfriend has, despite better judgement, paid parkingeye the money! where do we stand now is this still possible or are we down the creek?
    Originally posted by Nanchild
    If she paid off your CCJ without your permission then I think that you should still have the right to apply for a set aside. The court should not have accepted her payment.
    • Quentin
    • By Quentin 30th Jun 17, 11:01 AM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    If she paid off your CCJ without your permission then I think that you should still have the right to apply for a set aside. The court should not have accepted her payment.
    Originally posted by nigelbb
    The court don't deal with ccj payments.

    The defendant deals with the claimant.

    The claimant won't have any qualms about who pays up!!
    • Herzlos
    • By Herzlos 30th Jun 17, 11:29 AM
    • 5,502 Posts
    • 4,997 Thanks
    Herzlos
    You should be able to argue that paying the CCJ was a case of damage limitation to prevent further damage to your credit rating, and prevent any harassment from Parking Eye, and that you still want to have it set aside and dealt with properly.
    • nigelbb
    • By nigelbb 30th Jun 17, 1:51 PM
    • 1,924 Posts
    • 2,678 Thanks
    nigelbb
    The court don't deal with ccj payments.

    The defendant deals with the claimant.

    The claimant won't have any qualms about who pays up!!
    Originally posted by Quentin
    You should be able to argue that paying the CCJ was a case of damage limitation to prevent further damage to your credit rating, and prevent any harassment from Parking Eye, and that you still want to have it set aside and dealt with properly.
    Originally posted by Herzlos
    All that has happened is that a 3rd party has paid the sum demanded by PE. However the CCJ is still on the register as 'Unsatisfied'. The claimant does not have anything to do with the register in fact AFAIK the name of the claimant doesn't even appear on the register. The onus is on the defendant to take the necessary action. Until the defendant provides evidence that the debt has been paid & asks for it to be marked as 'Satisfied' it remains as 'Unsatisfied'.

    As far as the defendant is concerned he has not paid the debt nor has he applied for the debt to be registered as satisfied so he is entitled to apply to have the judgment set aside.
    Last edited by nigelbb; 30-06-2017 at 1:55 PM.
    • Quentin
    • By Quentin 30th Jun 17, 2:19 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    All that has happened is that a 3rd party has paid the sum demanded by PE. However the CCJ is still on the register as 'Unsatisfied'. .
    Originally posted by nigelbb
    Well.... The sum paid is that ordered by the court. And we don't know whether or not the claimant has asked for it to be marked satisfied.

    Though not much point paying it and not doing so!

    (The register doesn't show claimants details)
    • nigelbb
    • By nigelbb 30th Jun 17, 3:10 PM
    • 1,924 Posts
    • 2,678 Thanks
    nigelbb
    Well.... The sum paid is that ordered by the court. And we don't know whether or not the claimant has asked for it to be marked satisfied.

    Though not much point paying it and not doing so!
    Originally posted by Quentin
    If the OP really wants to clean up their credit report then the only option is to write off the money that his girlfriend paid then pay £255 to get the judgment set aside.
    • Coupon-mad
    • By Coupon-mad 30th Jun 17, 6:44 PM
    • 49,037 Posts
    • 62,490 Thanks
    Coupon-mad
    Won't it be less than that, a non-contested set aside used to be £100 didn't it?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Quentin
    • By Quentin 30th Jun 17, 7:36 PM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    If the OP really wants to clean up their credit report then the only option is to write off the money that his girlfriend paid then pay £255 to get the judgment set aside.
    Originally posted by nigelbb
    Well......as already posted being successful at a set aside hearing cannot be guaranteed now that the CCJ has been paid off (Judges are known to view this sort of thing as a "credit repair" arrangement and frown on it)


    Much better to try to get this done by consent (ie no hearing, no £255 to pay, all done by way of both sides sending solicitors correspondence and hopefully getting it rubber stamped by court officials - if the claimant co-operates!)


    And just £100 to pay!
    • Nanchild
    • By Nanchild 10th Jul 17, 11:55 AM
    • 29 Posts
    • 4 Thanks
    Nanchild
    Hi all, so ParkingEye signed the order ��. What's the process for applying for set aside by consent, obviously I need to send in the signed order but what else do I need to do?
    • Coupon-mad
    • By Coupon-mad 10th Jul 17, 3:50 PM
    • 49,037 Posts
    • 62,490 Thanks
    Coupon-mad
    Isn't it set out in the NEWBIES thread, post #2, where I link to a post by IamEmanresu?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Nanchild
    • By Nanchild 10th Jul 17, 11:09 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    Sorry I'm just scared I'm going to get this wrong and fail. I've got a guy going to the car park tomorrow to take some photos. I can also see from Google maps that there are no entrance signs which is mentioned in the newbies bit. When I have something together would someone take a look at it please?
    • Coupon-mad
    • By Coupon-mad 10th Jul 17, 11:19 PM
    • 49,037 Posts
    • 62,490 Thanks
    Coupon-mad
    Yes, we will. The regulars here will advise you.

    In the meantime, why not Google 'set aside with consent' and read the English courts webpages about what is needed?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Quentin
    • By Quentin 11th Jul 17, 9:15 AM
    • 32,403 Posts
    • 16,500 Thanks
    Quentin
    Sorry I'm just scared I'm going to get this wrong and fail. I've got a guy going to the car park tomorrow to take some photos. I can also see from Google maps that there are no entrance signs which is mentioned in the newbies bit. When I have something together would someone take a look at it please?
    Originally posted by Nanchild
    If you are intending to apply for a set aside by consent then why are you still getting evidence for a defence??
    • Nanchild
    • By Nanchild 11th Jul 17, 12:03 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    But i thought i still needed some evidence to show its not just a 'credit repair' show?
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