IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Received CCJ Parking Eye - sent to the wrong address
deflepps
Posts: 56 Forumite
Hi Guys,
I really could do with some help as I am feeling a little helpless and extremely upset.
To cut a long story short, I have been contesting Parking Eye charge since around March 2015 - around the time they had their own court issues etc.
I then moved house in late March 2016, had a post redirection for 6 months and in early October I emailed Parking Eye with my new address details. I subsequently received an automated response which to me confirmed they received the email (it wasn't an unsuccessful delivery auto response). I have kept copies of these.
Since then I have thought nothing of it until I checked my credit score last night (previously excellent) and has now be ruined due to a CCJ issued 16 May 2017. My credit rating is so important to me for a number of reasons but most importantly I can take some pride in this.
I have exhausted the internet and seems the only options I have is to apply for the CCJ to be set aside or consent to be set aside.
As you can appreciate I am a bit of a novice at this, cannot find a number to call Parking Eye to discuss, email address for their legal department etc. I am also unclear on how the set aside (£255) or the consent processes vary?
You may all think I am overreacting but I am distraught, feel I have let myself and family down.
If I received the Court papers I would have paid immediately as this would have frightened me into payment.
Please can you help, thank you in advance.
I really could do with some help as I am feeling a little helpless and extremely upset.
To cut a long story short, I have been contesting Parking Eye charge since around March 2015 - around the time they had their own court issues etc.
I then moved house in late March 2016, had a post redirection for 6 months and in early October I emailed Parking Eye with my new address details. I subsequently received an automated response which to me confirmed they received the email (it wasn't an unsuccessful delivery auto response). I have kept copies of these.
Since then I have thought nothing of it until I checked my credit score last night (previously excellent) and has now be ruined due to a CCJ issued 16 May 2017. My credit rating is so important to me for a number of reasons but most importantly I can take some pride in this.
I have exhausted the internet and seems the only options I have is to apply for the CCJ to be set aside or consent to be set aside.
As you can appreciate I am a bit of a novice at this, cannot find a number to call Parking Eye to discuss, email address for their legal department etc. I am also unclear on how the set aside (£255) or the consent processes vary?
You may all think I am overreacting but I am distraught, feel I have let myself and family down.
If I received the Court papers I would have paid immediately as this would have frightened me into payment.
Please can you help, thank you in advance.
0
Comments
-
Set aside involves you attending a court hearing with a judge to explain that the ccj was issued without you knowing anything about the claim.
You also need to show that had you known about the claim you had a reasonable defence.
By consent is done on papers. Both sides agree the ccj should be set aside
You do need to sort out this. The claimant has 6 years to take enforcement action against you (eg attachment of earnings/bailiffs etc). Assuming you have funds to pay!0 -
Set aside involves you attending a court hearing with a judge to explain that the ccj was issued without you knowing anything about the claim.
You also need to show that had you known you had a reasonable defence.
By consent is done on papers. Both sides agree the ccj should be set aside
You do need to sort out this. The claimant has 6 years to take enforcement action against you (eg attachment of earnings/bailiffs etc). Assuming you have funds to pay!
Thank you for getting back to me so quickly.
Based upon the above, do you feel I have a case and what direction you would go?
When you say 'consent on papers' I am assuming this refers to writing to them? Are you aware of a template I can refer to?
I have no problem paying the charge, in hindsight I just wished I paid it in the first instance without contesting.
Kind Regards0 -
"To cut a long story short, I have been contesting Parking Eye charge since around March 2015 - around the time they had their own court issues etc."
1:did this case go to POPLa
2: was the case put on hold for any reason , whilst the "bevis" thing was going on?Save a Rachael
buy a share in crapita0 -
pappa_golf wrote: »"To cut a long story short, I have been contesting Parking Eye charge since around March 2015 - around the time they had their own court issues etc."
1:did this case go to POPLa
2: was the case put on hold for any reason , whilst the "bevis" thing was going on?
Hi there, the answer is yes in both the above questions.
Thank you0 -
OK , back to question No 1:
1:did this case go to POPLa
now enlighten us what happened at this stage?Save a Rachael
buy a share in crapita0 -
You get pe to agree to a set aside by consent. Then get a solicitor to draw up 2 forms of consent - one for them, one for you. Get them to sign theirs and give it back to you. Send both in to court along with appropriate form and fee.Thank you for getting back to me so quickly.
Based upon the above, do you feel I have a case and what direction you would go?
When you say 'consent on papers' I am assuming this refers to writing to them? Are you aware of a template I can refer to?
I have no problem paying the charge, in hindsight I just wished I paid it in the first instance without contesting.
Kind Regards
Google it to learn how it works
No good asking in this forum what we would do!
We would get it set aside then defend any future claim in the hope of winning and getting my set aside fee back off pe!0 -
You get pe to agree to a set aside by consent. Then get a solicitor to draw up 2 forms of consent - one for them, one for you. Get them to sign theirs and give it back to you. Send both in to court along with appropriate form and fee.
Google it to learn how it works
No good asking in this forum what we would do!
We would get it set aside then defend any future claim in the hope of winning and getting my set aside fee back off pe!
Thank you I appreciate your input, this is incredibly useful. Apologies if my questions are a little frustrating.0 -
OK , back to question No 1:
1:did this case go to POPLa
now enlighten us what happened at this stage?Save a Rachael
buy a share in crapita0 -
pappa_golf wrote: »OK , back to question No 1:
1:did this case go to POPLa
now enlighten us what happened at this stage?
Thanks, yes this did go to POPLA to which I received a confirmation email of my appeal.
I then received an email regarding Beavis and that my case will be adjourned until a provisional date in November 05. This was then further adjourned due to the Beavis case and I would be contacted after a decision of the Supreme Court is handed down.
I hope this makes sense.
Ben0 -
and as you moved house , did you also inform POPLa of your new address in which to foward results of the appeal?Save a Rachael
buy a share in crapita0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.9K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards