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  • FIRST POST
    • deflepps
    • By deflepps 8th Jul 17, 2:24 PM
    • 56Posts
    • 6Thanks
    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 2
    • deflepps
    • By deflepps 8th Jul 17, 8:24 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    Yes.

    As already advised in #13!
    Originally posted by Quentin
    Thank you for confirming. If I draft an email could you kindly cast your eyes over it to help ensure it is fit for purpose?
    • Coupon-mad
    • By Coupon-mad 8th Jul 17, 11:05 PM
    • 51,575 Posts
    • 65,192 Thanks
    Coupon-mad
    We will help throughout.
    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 9th Jul 17, 12:04 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    We will help throughout.
    Originally posted by Coupon-mad
    Thank you...I am feeling very anxious today which is not good.

    Below is the draft email I have put together. Do I need to mention the 6 month postal redirection and no correspondence was received? And that I did everything right and this is such a shock?

    ----------------------------------------

    To whom it may concern,

    In relation to the above reference number, I have discovered that I have a CCJ against my records. This has left me very distraught and my family alike.

    I note the address of the CCJ is recorded against my previous address which I found perplexing as I notified Parking Eye that my address changed via email (I have the original emails saved).

    It therefore my intention to request that you agree to Consent to set aside the CCJ from my records if I agree to pay the outstanding charge. I still feel I have grounds to appeal as not all my questions were addressed. However, for the sake of resolving this matter can you kindly agree to the Consent to set aside.

    Upon confirmation we can draw up the appropriate forms

    If you can let me know at your earliest convenience and next steps it would be very much appreciated.

    Regards
    • Quentin
    • By Quentin 9th Jul 17, 12:09 PM
    • 33,303 Posts
    • 17,230 Thanks
    Quentin
    Why offer the full amount?

    See #13

    (You will be supplying them the form to sign)

    No need to now complain they ignored your email. No point.

    You want to get their cooperation

    If they agree the next steps are down to you
    Last edited by Quentin; 09-07-2017 at 12:12 PM.
    • deflepps
    • By deflepps 9th Jul 17, 12:23 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    Why offer the full amount?

    See #13

    (You will be supplying them the form to sign)

    No need to now complain they ignored your email. No point.

    You want to get their cooperation

    If they agree the next steps are down to you
    Originally posted by Quentin

    Thank you responding.

    I am not happy to pay the full amount but i just want the CCJ removed.

    Is the below not relevant then...thought this would help as it is the facts:

    "I note the address of the CCJ is recorded against my previous address which I found perplexing as I notified Parking Eye that my address changed via email"

    And this:

    "I still feel I have grounds to appeal as not all my questions were addressed."

    Appreciate I will be providing the forms to be signed.
    • Quentin
    • By Quentin 9th Jul 17, 12:30 PM
    • 33,303 Posts
    • 17,230 Thanks
    Quentin
    Well....

    You will only be appealing if you decide against going for this set aside by consent.
    • deflepps
    • By deflepps 9th Jul 17, 12:34 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    Well....

    You will only be appealing if you decide against going for this set aside by consent.
    Originally posted by Quentin
    I am sorry but I am not sure what you mean. Please can you explain?
    Last edited by deflepps; 09-07-2017 at 12:37 PM.
    • Quentin
    • By Quentin 9th Jul 17, 12:54 PM
    • 33,303 Posts
    • 17,230 Thanks
    Quentin
    You are writing to request their agreement to a set aside (in return for you making them a payment)


    So no point going on about how you feel you have appeal points that have not yet been addressed as you are too late for appealing now, and will only be able to do so if the set aside by consent is not agreed, you then get a normal set aside and they then reissue the claim. Only at that point could you isssue a defence incorporating your appeal points. They are irrelevant in the context of you wanting their help now over the set aside


    If you are going to ignore the advice on making an offer and are determined to offer the full amount you can probably say what you like as they will only be interested in getting your payment!
    • deflepps
    • By deflepps 9th Jul 17, 1:27 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    You are writing to request their agreement to a set aside (in return for you making them a payment)


    So no point going on about how you feel you have appeal points that have not yet been addressed as you are too late for appealing now, and will only be able to do so if the set aside by consent is not agreed, you then get a normal set aside and they then reissue the claim. Only at that point could you isssue a defence incorporating your appeal points. They are irrelevant in the context of you wanting their help now over the set aside


    If you are going to ignore the advice on making an offer and are determined to offer the full amount you can probably say what you like as they will only be interested in getting your payment!
    Originally posted by Quentin
    Thank you, I completely follow what you mean but the last thing I want to do if give them any reason to decline my request for consent. Also want them to understand that if they refuse this I have grounds for the normal set aside.

    Does that make sense?
    • Quentin
    • By Quentin 9th Jul 17, 1:48 PM
    • 33,303 Posts
    • 17,230 Thanks
    Quentin
    You asked for an explanation as you didn't understand my #26.

    As posted as you intend paying them in full you can say what you like to them. They're going to be happy to snatch your offer
    • deflepps
    • By deflepps 9th Jul 17, 8:05 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    You asked for an explanation as you didn't understand my #26.

    As posted as you intend paying them in full you can say what you like to them. They're going to be happy to snatch your offer
    Originally posted by Quentin
    I would like to take this opportunity to say thank you thus far. I will keep you all posted as this journey progresses, starting with a call to Northampton Business Centre tomorrow morning (only discovered this Friday night).

    Kind regards
    • steve1500
    • By steve1500 10th Jul 17, 12:30 PM
    • 961 Posts
    • 627 Thanks
    steve1500
    Thank you responding.

    "I note the address of the CCJ is recorded against my previous address which I found perplexing as I notified Parking Eye that my address changed via email"

    .
    Originally posted by deflepps

    What ever else happens


    If you have evidence that you told them of the change of address and they then issued the CCJ under the old address, don't forget to have them under the Data Protection Act - Information shall be accurate and up to date
    Private Parking Tickets is my way of telling the wife to use her car and not mine
    • deflepps
    • By deflepps 10th Jul 17, 5:57 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    What ever else happens


    If you have evidence that you told them of the change of address and they then issued the CCJ under the old address, don't forget to have them under the Data Protection Act - Information shall be accurate and up to date
    Originally posted by steve1500
    Thank you, very much appreciated.
    • deflepps
    • By deflepps 18th Jul 17, 12:22 PM
    • 56 Posts
    • 6 Thanks
    deflepps
    Hi Guys,

    I have received a response, to which it has been agreed to set aside the judgement.

    However, I have received a Tomlin order to sign and return.

    Is that the correct agreement to have a CCJ set aside which has already been issued and passed the 28 days etc.? Please see below extract from the letter:

    "Please see the attached Tomlin Order and schedule. If you agree with the same, please sign and return this to us. We will then countersign the document and file it at Court for consideration by a Judge."
    • Coupon-mad
    • By Coupon-mad 18th Jul 17, 9:53 PM
    • 51,575 Posts
    • 65,192 Thanks
    Coupon-mad
    https://www.stepchange.org/debt-info/debt-collection/tomlin-order.aspx

    Read the terms on that order - is it making you liable to pay ParkingEye in order to get the set aside?

    Do you agree to that, and how much are they demanding, to consent?
    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 21st Jul 17, 11:00 AM
    • 56 Posts
    • 6 Thanks
    deflepps
    https://www.stepchange.org/debt-info/debt-collection/tomlin-order.aspx

    Read the terms on that order - is it making you liable to pay ParkingEye in order to get the set aside?

    Do you agree to that, and how much are they demanding, to consent?
    Originally posted by Coupon-mad
    Thanks for the above and apologies for the delay.

    I have agreed to the order of £100 to get this set aside. I just need this to be finalised now and move on.

    Thank you.
    • Quentin
    • By Quentin 21st Jul 17, 12:42 PM
    • 33,303 Posts
    • 17,230 Thanks
    Quentin

    I have agreed to the order of £100 to get this set aside. I just need this to be finalised now and move on.

    Thank you.
    Originally posted by deflepps
    Where did the order for £100 come from - presumably the CCJ on your record was an order in excess of £100??


    Have PE accepted £100 off you to agree to a set aside and won't pursue you any more?
    • waamo
    • By waamo 21st Jul 17, 12:44 PM
    • 2,100 Posts
    • 2,506 Thanks
    waamo
    Where did the order for £100 come from - presumably the CCJ on your record was an order in excess of £100??


    Have PE accepted £100 off you to agree to a set aside and won't pursue you any more?
    Originally posted by Quentin
    IIRC a set aside with consent costs £100 not the £255 one without consent costs. Thats probably the £100 referred to.
    This space for hire.
    • Quentin
    • By Quentin 21st Jul 17, 1:06 PM
    • 33,303 Posts
    • 17,230 Thanks
    Quentin
    It's the tomlin order that's queering the pitch - are PE accepting £100??
    • DoaM
    • By DoaM 21st Jul 17, 1:12 PM
    • 3,496 Posts
    • 3,553 Thanks
    DoaM
    No .. PE are accepting an uncontested set aside. The person requesting a set aside always has to pay (the court) ... the amount they pay depends on whether or not the original claimant contests the set aside.

    (Is my understanding).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
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