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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 4
    • Nanchild
    • By Nanchild 11th Jul 17, 5:13 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    The guy emailed me the photos today, a lot of the photo show the signs very high up, in-between trees, poor angle for viewing and no entrance sign etc. Do you think I should include these in the set aside application, Quentin has questioned why I'm gathering evidence but others has suggested I need more than just their consent.
    • Coupon-mad
    • By Coupon-mad 11th Jul 17, 5:35 PM
    • 48,190 Posts
    • 61,654 Thanks
    Coupon-mad
    I think be prepared to take along those photos, if the Courts set up a set aside hearing for you to attend. But if they don't need a hearing, and just set aside the CCJ based on the consent order signed by PE (and if you have paid PE as well?) then there will be no hearing and it should all now get waved through.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Nanchild
    • By Nanchild 11th Jul 17, 5:37 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    So would my supporting evidence for the set aside purely be the consent form, and a statement from me saying I wasn't at the property when it was issued and that I have been prompt to sort it out as soon as I found out?
    • Coupon-mad
    • By Coupon-mad 11th Jul 17, 5:40 PM
    • 48,190 Posts
    • 61,654 Thanks
    Coupon-mad
    Did you have to pay PE off, to get them to sign?
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • waamo
    • By waamo 11th Jul 17, 5:41 PM
    • 1,711 Posts
    • 2,030 Thanks
    waamo
    If PE are consenting to it you shouldn't need to build a defence as such. You are very much at the mercy of the judge.

    If the judge doesn't mind credit repair arangements then you should be fine and dandy with very little effort. If they don't like such arrangements you may get a hard time. The fact you didn't get any paperwork should be enough to swing it in your favour.

    Don't forget with the arrangement you have you are admitting the original debt and have paid it. You clearly have no defence so why go into one?

    My suspicion is that courts are now starting to be a bit more wary of credit clamping for its own sake. FWIW I think you will get a set aside without too much trouble.
    This space for hire.
    • Quentin
    • By Quentin 11th Jul 17, 6:13 PM
    • 32,086 Posts
    • 16,178 Thanks
    Quentin
    If you are applying for a set aside by consent (is no hearing) then you don't need to show your defence.

    Who drew up the request for pe to sign giving their consent?
    • Nanchild
    • By Nanchild 11th Jul 17, 6:17 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    Yes had to pay for them to sign it. I hope so waamo!!! I drew it up for them to sign, it was a copy an paste job from the internet from someone else who had success.
    • Quentin
    • By Quentin 11th Jul 17, 6:35 PM
    • 32,086 Posts
    • 16,178 Thanks
    Quentin
    As previously posted by sending in DIY consent forms you do risk the judge dismissing the request as a credit cleansing job.

    If both sides get the request drawn up by a solicitor then it normally gets rubber stamped in the office
    • Nanchild
    • By Nanchild 11th Jul 17, 7:48 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    Why is that the case, I don't see what the difference between the the DIY and the 'pro' option. Surely they both have the same end game?
    • Nanchild
    • By Nanchild 12th Jul 17, 11:58 AM
    • 29 Posts
    • 4 Thanks
    Nanchild
    is this ok?

    On behalf of: Defendant
    Witness:
    Date: 10.07.2017

    IN THE Northampton County Court Business Centre CLAIM NO:
    BETWEEN

    ParkingEye LTD
    CLAIMANT
    V


    DEFENDANT


    WITNESS STATEMENT OF


    1. I am xxxx. I am the Defendant in this case and I make this witness statement in support of my application to set aside the default judgment in dated [Pick the date of the default judgment .
    2. The matters referred to in this witness statement are within my own knowledge, except where I have indicated otherwise. Where any matters contained in this witness statement are not within my own knowledge, I have stated the source of my information or belief.
    3. I found out about the existence of this judgment on the 05/06/2017 when I when I checked my credit file
    4. The original claim was for over staying in a car park managed by ParkingEye LTD. I remember the day well as my son was ill, so we had to stay in the car park longer than intended, although we were using the carpark as customers.
    5. The papers had not been sent to my current address. I enclose a Certificate of Motor Insurance as proof to my address at that time.
    6. On 07 June 2017 I made a phone call to the Northampton County Court Business to request the details of the claim against me and they provided me with ParkingEye LDT’s contact details.
    7. Many phone calls were made to them but they do not talk on the phone and state that email is the only means to call them.
    8. On the 28/07/2017 I emailed ParkingEye LTD to request that the CCJ be set aside with consent, offering a Draft Order for them to sign.
    9. On the 10/07/2017 I received the signed copy back to me.
    10. CPR 13.3 states (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
    (a) the defendant has a real prospect of successfully defending the claim; or
    (b) it appears to the court that there is some other good reason why –
    (i) the judgment should be set aside or varied; or
    (ii) the defendant should be allowed to defend the claim.

    11. I Have moved promptly to resolve this issues as soon as I discovered it, this is not a case of intentionally ignoring court papers
    12. In light of recent consultation plans by the government to protect people against these types of judgements going against them without their knowledge, I ask the Court to exercise its discretion in setting this judgement aside
    STATEMENT OF TRUTH
    I, [Enter your name] the Defendant, believe that the facts stated in this witness statement are true.


    Signed
    Date: [Enter date of signature]
    Last edited by Nanchild; 12-07-2017 at 12:33 PM.
    • DoaM
    • By DoaM 12th Jul 17, 12:20 PM
    • 2,730 Posts
    • 2,758 Thanks
    DoaM
    Please edit your post immediately to remove your personal info!
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Nanchild
    • By Nanchild 12th Jul 17, 12:46 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    But i thought i still needed some evidence to show its not just a 'credit repair' show?
    Originally posted by Nanchild
    !!!!!!, thanks.
    • Coupon-mad
    • By Coupon-mad 12th Jul 17, 2:14 PM
    • 48,190 Posts
    • 61,654 Thanks
    Coupon-mad
    11. I Have moved promptly to resolve this issues as soon as I discovered it, this is not a case of intentionally ignoring court papers. I was never served with any court papers and would have defended the matter vigorously, if i had.

    12. If we had known about the parking charge, since we were customers of the retail park it is now apparent after research that we could have had it cancelled immediately, under a hidden/secret clause in ParkingEye contracts with their clients - a retailer cancellation option that is not communicated to consumers at all. This - and the use of an old address with no attempt to trace me before issuing a claim - is indicative of unfair business practices and the matter can be fully distinguished from the ParkingEye Ltd v Beavis case.

    13. According to publicly available information my circumstances with a parking operator are far from unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims and parking firms were singled out in the press release. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”

    14. On the basis provided above I would suggest that the Claimant paid no regard to fairness and transparency and applied no due diligence in ascertaining the Defendant’s correct address before bringing the claim, giving me no opportunity to defend it.

    15. Given the above facts and the attached signed consent from the Claimant, I ask the Court to exercise its discretion in setting this judgment aside.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Nanchild
    • By Nanchild 12th Jul 17, 2:48 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    Thank you CM I will put that in too, looks great. Does anyone know if you can send a cheque into the Northampton CCBC, can't get through to them on the phone today.
    • Coupon-mad
    • By Coupon-mad 12th Jul 17, 2:56 PM
    • 48,190 Posts
    • 61,654 Thanks
    Coupon-mad
    Yes you can send them a cheque, and could include a covering note with your mobile number in case of queries about the payment or your application. Their phone lines are very busy!
    Last edited by Coupon-mad; 14-07-2017 at 12:38 PM.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Nanchild
    • By Nanchild 12th Jul 17, 2:58 PM
    • 29 Posts
    • 4 Thanks
    Nanchild
    I guess I address the cheque to Northampton County court business center? Good idea with the note!
    • Coupon-mad
    • By Coupon-mad 12th Jul 17, 3:00 PM
    • 48,190 Posts
    • 61,654 Thanks
    Coupon-mad
    I would guess so, but that's partly why the note is a good idea. They could always call you and say 'this is wrong but pay us over the phone by card' and/or discuss anything that's unclear.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the trail, top of this page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    DON'T read old advice to ignore, unless in Scotland/NI.

    • nigelbb
    • By nigelbb 14th Jul 17, 9:18 AM
    • 1,921 Posts
    • 2,676 Thanks
    nigelbb
    But i thought i still needed some evidence to show its not just a 'credit repair' show?
    Originally posted by Nanchild
    Not really if you are getting a set aside by consent.
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