Warrant of Execution received for non payment of Parking Eye Ticket

esmerobbo

Yes should be quite a long chain of letters from parking eye, then a letter before claim/action, a claim form, then a default judgement, then because the judgement has not been paid PE go back to the court and ask for enforcement, hence the bailiff, and the increased costs.

Stroma

She would have received court papers at least a month ago possibly longer. They won't take ignoring or her age into account I'm afraid. If you are trying to get this set aside she's got not have received the papers. Not sure how she's going to explain that.

One thing that could help is if she has medical conditions that could explain this, she needs the monkey off her back IMO quickly, the figures quoted don't appear to be excessive and not sure BAO can help beyond pay.

newholme30

Hmmm just goes to show how fundamentally wrong the behaviour of this company can really be....

Aside from the warrant which is your primary concern, I would be writing to the landholder, explaining the situation and letting them know robustly what you think of how their parking management company has dealt with this matter. They are punting out so many of these claims aggressively and automatically for incredibly minor 'offences' it is utterly ridiculous.

Out of interest, was this in Newquay and if so which beach?

lottie748

Hi newholme30

Yes - it was in Newquay - at Fistral.

I've decided that I will pay the fine to stop my mum being harassed. I feel responsible for telling her to ignore the letters, and then obviously she wasn't around to see the more serious letters arrive.

I know she was at fault, but £375 seems an awful lot to be paying now.

Thanks
Lottie

kirkbyinfurnesslad_2

Well check first before you pay.

Stroma

Lottie

Sorry to hear this, but that is the cost of burying heads in the sand, and it's a stark warning to anyone considering doing this, most of the time it works, but sometimes it doesn't.

Can I just say to get further advice if you wish, but you are paying for the instruction of bailiffs, and that is circa £100 on top of the judgement. Which will now be on her credit files for 6 years, but I don't think will bother her that much at her age.

Sorry we can't be helpful, maybe you try the debt free wannabe forum on mse to see if anyone can help further, fermi on there is very good on debts. You could try consumer action group as well as they are good on this subject

lottie748

Thanks for your kinds words Stroma - it's been a big lesson! I do remember reading something on MSE which said to just make paper planes out of the private parking letters, but this just proves that isn't the case at all!
She (I) am at fault, and we should pay the consequences.
thanks again for your advice.

real1314

lottie748 wrote: »

To make things worse she has been away in Australia for three months visiting my brother and has now returned home to find that she has had a "Calling Card" from HM Courts and Tribunals Service - with a Warrant of Execution - Annex D V1.0, and has been issued a Warrant for the value of £375. This has come from Gloucester & Cheltenham County Court which is the closest court to where she lives!

IANAL, but I've been told that...
If the notice of action was received whilst she was away, she can make a "statutory declaration" to the effect that due to being away she was unaware and unable to take action to defend the case. The judgement can then be set aside and has to go back to court, giving you the chance to help her defend it.

newholme30

lottie748 wrote: »

Hi newholme30

Yes - it was in Newquay - at Fistral.

I've decided that I will pay the fine to stop my mum being harassed. I feel responsible for telling her to ignore the letters, and then obviously she wasn't around to see the more serious letters arrive.

I know she was at fault, but £375 seems an awful lot to be paying now.

Thanks
Lottie

Ok, only you can make that choice but I would certainly make the landholder of the car park aware of this ludicrous situation. Nick Briant of Fistral Beach Ltd / Brittanic industries is a good contact to voice this to. They appear to have an office at Tolcarne Beach complex and since you are in Newquay why not email him and pop in before making a decision? I am sure he will be interested in your predicament and want to help out as much as possible given you are local and frequent his establishments on a regular basis.

If I were you (as advised on Newquay Town Council website) would also contact Cornwall County Council roads department. Newquay council seem to be washing their hands of all responsibility over issues with Parking Eye at this car park, and since Cornwall County council are the actual landowners they should also have a concern over your issue.

Finally, if you get no joy from Fistral or Cornwall CC, they both have Facebook and twitter feeds. ITV points west also seem to be very interested in this topic at the moment.

Sorry this doesn't immediately help you but if you do pay I am sure you will want to voice your concerns to someone about this.

lucie00

im sort of in the same situation.. but hasn't quite gone as far yet,
stupidly i didn't bother paying for parking, was too busy watching surfers at fistral and received letters but ignored them.. didn't hear from parking eye in about 2 months so i thought i got away with it then today i got the county court claim from Northampton but i don't have a clue what any of it means or what i'm meant to do