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    • deflepps
    • By deflepps 8th Jul 17, 2:24 PM
    • 56Posts
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    deflepps
    Received CCJ Parking Eye - sent to the wrong address
    • #1
    • 8th Jul 17, 2:24 PM
    Received CCJ Parking Eye - sent to the wrong address 8th Jul 17 at 2:24 PM
    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.
    Last edited by deflepps; 08-07-2017 at 2:27 PM.
Page 1
    • Quentin
    • By Quentin 8th Jul 17, 2:32 PM
    • 33,509 Posts
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    Quentin
    • #2
    • 8th Jul 17, 2:32 PM
    • #2
    • 8th Jul 17, 2:32 PM
    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!
    Last edited by Quentin; 09-07-2017 at 8:10 PM.
    • deflepps
    • By deflepps 8th Jul 17, 2:40 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    • #3
    • 8th Jul 17, 2:40 PM
    • #3
    • 8th Jul 17, 2:40 PM
    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!
    Originally posted by Quentin

    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
    • pappa golf
    • By pappa golf 8th Jul 17, 2:44 PM
    • 7,721 Posts
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    pappa golf
    • #4
    • 8th Jul 17, 2:44 PM
    • #4
    • 8th Jul 17, 2:44 PM
    "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?
    • deflepps
    • By deflepps 8th Jul 17, 2:50 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    • #5
    • 8th Jul 17, 2:50 PM
    • #5
    • 8th Jul 17, 2:50 PM
    "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?
    Originally posted by pappa golf

    Hi there, the answer is yes in both the above questions.


    Thank you
    • pappa golf
    • By pappa golf 8th Jul 17, 2:52 PM
    • 7,721 Posts
    • 7,999 Thanks
    pappa golf
    • #6
    • 8th Jul 17, 2:52 PM
    • #6
    • 8th Jul 17, 2:52 PM
    OK , back to question No 1:

    1:did this case go to POPLa

    now enlighten us what happened at this stage?
    • Quentin
    • By Quentin 8th Jul 17, 2:52 PM
    • 33,509 Posts
    • 17,390 Thanks
    Quentin
    • #7
    • 8th Jul 17, 2:52 PM
    • #7
    • 8th Jul 17, 2:52 PM
    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
    Originally posted by deflepps
    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!
    • deflepps
    • By deflepps 8th Jul 17, 3:02 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    • #8
    • 8th Jul 17, 3:02 PM
    • #8
    • 8th Jul 17, 3:02 PM
    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!
    Originally posted by Quentin


    Thank you I appreciate your input, this is incredibly useful. Apologies if my questions are a little frustrating.
    • pappa golf
    • By pappa golf 8th Jul 17, 3:09 PM
    • 7,721 Posts
    • 7,999 Thanks
    pappa golf
    • #9
    • 8th Jul 17, 3:09 PM
    • #9
    • 8th Jul 17, 3:09 PM
    OK , back to question No 1:

    1:did this case go to POPLa

    now enlighten us what happened at this stage?
    • deflepps
    • By deflepps 8th Jul 17, 3:10 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    OK , back to question No 1:

    1:did this case go to POPLa

    now enlighten us what happened at this stage?
    Originally posted by pappa golf


    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.


    Ben
    • pappa golf
    • By pappa golf 8th Jul 17, 3:12 PM
    • 7,721 Posts
    • 7,999 Thanks
    pappa golf
    and as you moved house , did you also inform POPLa of your new address in which to foward results of the appeal?
    • deflepps
    • By deflepps 8th Jul 17, 3:24 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    and as you moved house , did you also inform POPLa of your new address in which to foward results of the appeal?
    Originally posted by pappa golf


    Hi - I didn't inform POPla as I received an email from a firm appointed by the BPA as an independent solicitors appeals body under the brand POPla (their words).


    The outcome was rejected but they didn't address all my points and the bottom of the later states "we will not respond to any further correspondence from either party".


    I therefore informed Parking Eye that my address has changed via email.


    Again, hope this makes sense.
    • Coupon-mad
    • By Coupon-mad 8th Jul 17, 4:38 PM
    • 51,747 Posts
    • 65,385 Thanks
    Coupon-mad
    I didn't inform POPla as I received an email from a firm appointed by the BPA as an independent solicitors appeals body under the brand POPla (their words).
    Not 'independent' by any means. You were Wright Hassalled. The BPA should be ashamed, but we bet they are not:

    http://parking-prankster.blogspot.co.uk/2016/05/are-wright-hassall-incompetent.html

    http://parking-prankster.blogspot.co.uk/2016/04/wright-hassall-right-shambles.html

    You should send a complaint to the DCLG and Government that they are allowing this to happen to people:

    http://parking-prankster.blogspot.co.uk/2016/12/government-announce-ccj-review-due-to.html

    http://forums.moneysavingexpert.com/showthread.php?p=72771180#post72771180

    Read the above, if you have not already. The NEWBIES thread post #2 tells you about set aside options.

    If your case is very similar to the Beavis case (overstay in a retail park) it pains me to say it but I would contact PE and tell them you are seeking a set aside 'with consent' and trust they will not contest that if you pay them the £100 charge (and no more, offer no more and see what they say) bearing in mind you can prove to the court that you informed PE of your new address which they acknowledged by email last year. Be assertive in your email.

    enforcement@parkingeye.co.uk

    If your case is completely different from the Beavis case with prospects of a successful defence (e.g. a double visit recorded as one, by their crappy ANPR trash) then I'd say do a £255 set aside with supporting witness statement and defend it to the end.

    Either way, a set aside will remove the CCJ completely if the Judge agrees, which they usually do if people are well prepped and in your case, because you can prove PE used an old address (I would include as evidence the Government press release about this abhorrent business practice needing to be stamped out as these firms are abusing the court system).
    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.

    • deflepps
    • By deflepps 8th Jul 17, 6:28 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    If your case is very similar to the Beavis case[/B] (overstay in a retail park) it pains me to say it but I would contact PE and tell them you are seeking a set aside 'with consent' and trust they will not contest that if you pay them the £100 charge (and no more, offer no more and see what they say) bearing in mind you can prove to the court that you informed PE of your new address which they acknowledged by email last year. Be assertive in your email.

    enforcement@parkingeye.co.uk

    If your case is completely different from the Beavis case with prospects of a successful defence (e.g. a double visit recorded as one, by their crappy ANPR trash) then I'd say do a £255 set aside with supporting witness statement and defend it to the end.

    Either way, a set aside will remove the CCJ completely if the Judge agrees, which they usually do if people are well prepped and in your case, because you can prove PE used an old address (I would include as evidence the Government press release about this abhorrent business practice needing to be stamped out as these firms are abusing the court system).
    by

    [B
    Really appreciate your input and thank you for giving me some encouragement that I may come out of this OK.

    Can I ask, is there any harm in seeking a set aside with consent and if this fails seek £255 set aside?

    Thank you in advance
    • Quentin
    • By Quentin 8th Jul 17, 6:30 PM
    • 33,509 Posts
    • 17,390 Thanks
    Quentin
    A set aside by consent won't fail. Assuming you get a solicitor to draw up the consent forms
    • deflepps
    • By deflepps 8th Jul 17, 6:33 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    A set aside by consent won't fail. Assuming you get a solicitor to draw up the consent forms
    Originally posted by Quentin
    Thank you...I really hope so. I did see a template but to your point would be better coming from a solicitor.

    Is it likely the judge will decline this?
    • Quentin
    • By Quentin 8th Jul 17, 7:01 PM
    • 33,509 Posts
    • 17,390 Thanks
    Quentin
    Thank you...I really hope so. I did see a template but to your point would be better coming from a solicitor.

    Is it likely the judge will decline this?
    Originally posted by deflepps
    The whole idea is that if the consent forms are correctly composed it is dealt with on the nod in the court admin office. Which is why you are advised to get a solicitor to draw them up.

    But if the template you have seen is from a legal website or you are happy with it you can use them of course
    • Quentin
    • By Quentin 8th Jul 17, 7:03 PM
    • 33,509 Posts
    • 17,390 Thanks
    Quentin
    The whole idea is that if the consent forms are correctly composed it is dealt with on the nod in the court admin office. Which is why you are advised to get a solicitor to draw them up.

    But if the template you have seen is from a legal website or you are happy with it you can use them of course
    Originally posted by Quentin
    You need to get the claimants agreement to this before you discuss it with a solicitor!
    • deflepps
    • By deflepps 8th Jul 17, 7:25 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    You need to get the claimants agreement to this before you discuss it with a solicitor!
    Originally posted by Quentin
    Apologies, to be clear I need to have Parking Eye agree to the Set aside by consent prior to a solicitor drawing up the form? And I would make the initial contact myself via email stating my intentions?

    Kind regards
    Last edited by deflepps; 08-07-2017 at 7:33 PM.
    • Quentin
    • By Quentin 8th Jul 17, 8:06 PM
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    Quentin
    Yes.


    As already advised in #13!
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