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  • FIRST POST
    • jo6677
    • By jo6677 5th Feb 18, 1:56 PM
    • 17Posts
    • 7Thanks
    jo6677
    CCJ from parking Eye Help!!
    • #1
    • 5th Feb 18, 1:56 PM
    CCJ from parking Eye Help!! 5th Feb 18 at 1:56 PM
    Hi all

    We returned from a weekend away to a letter from Equita demanding money and threatening bailiffs. We had absolutely no idea what this was about, initially thinking it was a scam. Anyhow we rang them first thing Monday morning to find out my partner was being chased for a CCJ and bailiff fees. This was a total shock. It turns out it was for overstaying in a car park for 45 mins in April 2017 (a legitimate reason as friend had had a hypo and couldn't be left but as he didn't get a ticket on the car he didn't think twice about it). Anyway, the letter was received from Equita January 19th 2018. The CCJ was applied in August 2017. We received no correspondence from parking Eye. This was because we moved in December 2016 and did not update the V5 document. It was a genuine mistake as it completely slipped our mind due to the property we purchased needing updating and we lived between my parents and sisters house until may/june 2017. My partner payed the fine the following day as Equita said they would let him off the Bailiffs fees if he did.

    I'm wondering where we might stand with the CCJ, whether we can apply to get it removed given that we never received any communication. We still don't know which court it was with or have a case number. Of course had we received the letters we would have dealt with it immediately. This is causing my partner a lot of stress. It seems unfair that it can mar your records for 6 years. The time frame between the Parking infringement and the CCJ doesn't seem long either for them to have made several attempts to contact us i.e. Parking infringement April 3rd to CCJ August 20th or am I clutching at straws. Also to note I have contacted parking on 3 occasions to ask for copies of all previous communications to be forwarded to our new address to make sure they followed procedure and they are yet to comply.
    Any advice will be greatly appreciated. Thank you!!
Page 1
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 2:11 PM
    • 53,999 Posts
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    Coupon-mad
    • #2
    • 5th Feb 18, 2:11 PM
    • #2
    • 5th Feb 18, 2:11 PM
    My partner payed the fine the following day as Equita said they would let him off the Bailiffs fees if he did.
    So do a set aside with consent, like on the other similar threads.

    Search:

    ParkingEye set aside consent order
    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.

    • jo6677
    • By jo6677 5th Feb 18, 2:33 PM
    • 17 Posts
    • 7 Thanks
    jo6677
    • #3
    • 5th Feb 18, 2:33 PM
    • #3
    • 5th Feb 18, 2:33 PM
    Thank you, Ive been reading quite a lot of the statements for set asides but wasn't sure that we could apply as we had paid. Defiantly worth a try.
    • Coupon-mad
    • By Coupon-mad 5th Feb 18, 11:08 PM
    • 53,999 Posts
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    Coupon-mad
    • #4
    • 5th Feb 18, 11:08 PM
    • #4
    • 5th Feb 18, 11:08 PM
    There was a thread only last week, days ago, about paying £100 court fee and getting a consent order to lift a PE CCJ.
    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.

    • jo6677
    • By jo6677 7th Feb 18, 2:29 PM
    • 17 Posts
    • 7 Thanks
    jo6677
    • #5
    • 7th Feb 18, 2:29 PM
    • #5
    • 7th Feb 18, 2:29 PM
    There was a thread only last week, days ago, about paying £100 court fee and getting a consent order to lift a PE CCJ.
    Originally posted by Coupon-mad

    Please could you have a quick read of this and tell me if it is ok to request a set aside with consent?

    To Parking Eye,

    I am writing regarding the above claim number. I received a letter from Equita on ********.
    Unfortunately prior to this I had received no other communication so it came as a surprise. After some investigating I found out what this related to, an overstay in a carpark in Stockton-on-Tee’s in April 2017. This was due to a medical emergency as my friend had had a diabetic hypo and could not be left until he had stabilised so I could not leave to top up the meter. We moved house in 2017 and because it required asbestos removal and refurbishment we lived between friends until we moved in, in the early summer. Unfortunately this meant a delay in updating our V5 document, a genuine mistake and therefor I did not get an opportunity to respond to the claim or defend our position. I appreciate however that this was due to my error and as such, as soon as I was aware, I promptly paid the debt off in full. If I had received any of the letters I would have had the opportunity to appeal and I would have paid sooner.

    I am therefore kindly requesting that you would please agree to a set aside with consent and have the CCJ removed with the understanding of me bearing the cost. I have also attached a witness statement.
    • The Deep
    • By The Deep 7th Feb 18, 2:35 PM
    • 8,175 Posts
    • 7,471 Thanks
    The Deep
    • #6
    • 7th Feb 18, 2:35 PM
    • #6
    • 7th Feb 18, 2:35 PM
    This is precisely why thr HoC are trying put this company out of business, watch this

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP.
    You never know how far you can go until you go too far.
    • jo6677
    • By jo6677 7th Feb 18, 3:14 PM
    • 17 Posts
    • 7 Thanks
    jo6677
    • #7
    • 7th Feb 18, 3:14 PM
    • #7
    • 7th Feb 18, 3:14 PM
    This was very interesting. They are bas***ds, I contacted them from the outset after overstaying as we have been caught before and as i didnt hear anything thought no more of it.
    However when I emailed them this again they replied saying IF i had contacted them the letter would have been handed to the correct person basically saying i was lying.
    • jo6677
    • By jo6677 7th Feb 18, 6:46 PM
    • 17 Posts
    • 7 Thanks
    jo6677
    • #8
    • 7th Feb 18, 6:46 PM
    • #8
    • 7th Feb 18, 6:46 PM
    anyone :-) ?
    • Ralph-y
    • By Ralph-y 7th Feb 18, 7:50 PM
    • 2,510 Posts
    • 3,100 Thanks
    Ralph-y
    • #9
    • 7th Feb 18, 7:50 PM
    • #9
    • 7th Feb 18, 7:50 PM
    just be patient ... the forum is busy

    Ralph
    • Coupon-mad
    • By Coupon-mad 7th Feb 18, 8:23 PM
    • 53,999 Posts
    • 67,675 Thanks
    Coupon-mad
    I would have this at the top, not at the end, so you get to the point straight away (but remove the 'kindly' because they have breached the Equality Act by charging for an 'overstay' when the situation was caused by a diabetic hypo - whether they knew it or not, they've broken the law, by way of INDIRECT discrimination):

    I am requesting that you would please agree to a set aside with consent and have the CCJ removed with the understanding of me bearing the cost. I have also attached a witness statement.
    I assume you have searched & found the other £100 consent case from last week and have seen how to word the Consent Order you want them to sign. If not, search the forum for the obvious keywords 'consent ParkingEye set aside'.
    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.

    • jo6677
    • By jo6677 7th Feb 18, 11:18 PM
    • 17 Posts
    • 7 Thanks
    jo6677
    Thank you for that suggestion. Interesting point raised about the discrimination. I have a statement from our friend who suffered the hypo. He has in fact had a transplant since that event. Yes I found the consent form, it is tomorrow's project. Am I right in thinking I send the following off to parking eye: consent to set aside request letter, consent form, statement from my friend, a cheque for £100, an SAE. Do I need to send a draft of a witness statement as well?
    • Coupon-mad
    • By Coupon-mad 7th Feb 18, 11:23 PM
    • 53,999 Posts
    • 67,675 Thanks
    Coupon-mad
    You don't send PE £100. You said he'd already gone and paid them (Equita) in a panic.

    The £100 is the court fee for the set aside application, once PE have signed your partner's consent order. Your partner then applies and pays the court £100 to nod it through and remove the CCJ.

    I wish he had not paid PE, this could have been set aside and fought.
    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.

    • jo6677
    • By jo6677 8th Feb 18, 12:05 AM
    • 17 Posts
    • 7 Thanks
    jo6677
    Thank goodness you cleared that up coupon-mad, I'd have sent it to them! Yes in hindsight it would have been better not to have paid. I think when he rang Equita they originally said the fine was nearly £650 but they then 'let him off' the bailiff fee as he as contacted them. I told him not to pay until after some research but I think he panicked about the CCJ and threat of bailiffs.
    • jo6677
    • By jo6677 8th Feb 18, 3:57 PM
    • 17 Posts
    • 7 Thanks
    jo6677
    Is there any argument if the driving license was updated 2 weeks after moving? Guessing they aren't linked to the V5 but seems illogical that they couldn't check this to confirm right address when they were getting no response. The more i'm researching the more i wish the fine wasn't paid as i feel confident we could have got a set aside on numerous reasons.
    • Quentin
    • By Quentin 8th Feb 18, 4:59 PM
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    Quentin
    No argument as far as your case is concerned.


    Your DL is nothing to do with you notifying dvla about your vehicle
    • jo6677
    • By jo6677 12th Feb 18, 3:03 PM
    • 17 Posts
    • 7 Thanks
    jo6677
    In anticipation that P.E might agree to a set aside with consent I have drafted this w.s. Please could someone have a quick read. I'm not sure if all the detail in 1.8 is appropriate. Many thanks in advance:

    I am XXXXXX and I am the Defendant in this matter and this is my supporting Statement in support of my application dated XXXXXXX.

    With the consent of both parties to set aside the Default Judgement dated XXXXX as it was not properly served at my current address.


    Preliminary

    1. The claimant has failed to prove reasonable steps taken to ascertain the address of the defendant!!!8217;s current residence or place of business (!!!8216;current address!!!8217 as outlined in Civil Procedure Rules 6.9(3)-(4):

    (3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) [i.e. referring to the Defendant's usual or last known address] is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant!!!8217;s current residence or place of business (!!!8216;current address!!!8217.

    (4) Where, having taken the reasonable steps required by paragraph (3), the claimant !!!8211;
    (a) ascertains the defendant!!!8217;s current address, the claim form must be served at that address; or
    (b) is unable to ascertain the defendant!!!8217;s current address, the claimant must consider whether there is
    (i) an alternative place where; or
    (ii) an alternative method by which, service may be effected.


    1.1. The claimant should assume that lapse of time, or a failure to respond to correspondence, gives rise to a risk that the defendant has moved.
    1.2. The claimant took no due diligence to check that the details that they had on their systems were up to date!
    1.3. The claimant had no correspondence from the defendant to allow them to assume the address was still current;!
    1.4. Despite having no affirmation that the address was current and ample time to check, The claimant issued proceedings anyway.!

    1. Default Judgement
    1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in August 2017. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement until January XXXX when I received a letter from Equita. I understand that this Claim was served at an OLD ADDRESS (xxxxx). However, I moved to a new address in December 2016. In support of this I can provide confirmation from East Sussex County Council showing my updated details for the purposes of paying Council tax.

    1.2. I have also never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant!!!8217;s claim.

    1.3. I have not seen any details of the Default Judgment and I did not know to what the Default Judgement related until I contacted Equita in response to their letter.

    1.4. On 20/01/2017 I contacted the Claimant online by using information given to me by Equita to find out what the claim was for. Once I was informed of the date and location of the incident I explained to ParkingEye that my overstay had been the result of a medical emergency where my friend had had a diabetic hypoglycaemic attack and could not be left until his blood sugars had stabilised (please see evidence 2). In any case I was informed that it was too late to appeal as the Default Judgement had been granted.


    1.5. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant!!!8217;s correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant!!!8217;s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.

    1.6. The claimant did not take reasonable steps to ensure the address was still current despite having no affirmation from the defendant and having ample time to check. The claimant still issued proceedings anyway. I thus believe that the Default Judgment against me was issued incorrectly.

    1.7. On the basis provided above I would suggest that the Claimant did not fulfill their duty to use the Defendant!!!8217;s current address when bringing the claim.

    1.8. Considering the points above I was unable to defend this claim properly and I believe the grounds of the medical emergency would have enabled a dismissal. However I do concede that I made a genuine error of not updating my V5 document until October 2017. I had changed my address details with the DVLA for the purpose of my driving license in December 2016 and for the council tax and electoral role. This oversight occurred as a result of our stressful personal circumstances as after we moved we had to live between my parents-in-law and sister-in-laws house from January 2017 whilst our property underwent asbestos removal and refurbishment and we moved back into our property in early summer. We were also dealing with another legal issue that had been going on for 3 years regarding cavity wall insulation. (relevance??)[/I][/B]

    1.9. As a result I made the payment on January 2018 two days after I received the letter from Equita and asked if they would agree to a set aside with consent (please see evidence 1).

    2. Order dismissing the claim.
    2.1 The claimant has been paid in full (please see evidence 3).
    2.3 The claimant has agreed to set aside with consent mutually.
    2.4 The Claimant has sent me a signed consent order.
    2.5 Considering the above I request for the judgment made against me to be set aside.


    Statement of Truth:
    I believe that the facts statedin this Witness Staement are true.
    Full Name:!



    DATED:
    • Quentin
    • By Quentin 12th Feb 18, 3:14 PM
    • 34,514 Posts
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    Quentin
    You don't need all that for a set aside by consent!


    Read up on set aside by consent to see what is needed - eg. the creditor is unlikely to consent if you intend telling the court you believe they are unreasonable etc!
    • jo6677
    • By jo6677 12th Feb 18, 3:53 PM
    • 17 Posts
    • 7 Thanks
    jo6677
    Do I not have to present the argument as to why it happened in the witness statement as I thought the judge may not agree with the consent order?
    • Quentin
    • By Quentin 12th Feb 18, 4:15 PM
    • 34,514 Posts
    • 18,476 Thanks
    Quentin
    Do I not have to present the argument as to why it happened in the witness statement as I thought the judge may not agree with the consent order?
    Originally posted by jo6677
    Yes you send in an explanation (not an "argument") of how the default happened, but not a defence to the claim!


    If you now want to challenge the CCJ then you should apply for a set aside (as opposed to a set aside by consent)
    • Coupon-mad
    • By Coupon-mad 12th Feb 18, 4:19 PM
    • 53,999 Posts
    • 67,675 Thanks
    Coupon-mad
    Yes, set out how come you never had a chance to respond to the claim, so the court knows that a set aside is fair, under the circumstances, and to leave the CCJ would be unfair and not due to any failure to respond, on your part.

    Show that you didn't get the claim and that you acted quickly to resolve the issue.
    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.

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