PE Judgement for Claimant received

bams_2

Hello,

I overstayed the given time while using the facilities at a retail park (in England) and having read advice and seeing the watchdog episode about P.E, I ignored several letters from PE (asking for £85) and later the Claim form from Northampton County Court (asking for a total of £150). I've now received a Judgement for Claimant which states that I have to pay (£150) within one month to cancel the CCJ.

What should I do?

I don't want my credit rating to be affected and I want to avoid going to court.

Thank you

4consumerrights

I think that if you are for real -that you should pay the CCJ so that it doesn't affect your credit rating.

It is incredible the number of Newbie posters that claim to have a CCJ against them from Parking Eye after a loss in court has been declared.

Coupon-mad

You ignored a Northampton Small Claim Form? OMG, no-one EVER advised that even back at the time when we told people to ignore these fake PCNs, we never ever said to ignore a court claim!! You just LOST by default at court.

Not much you can do, IMHO, except:

- pay the amount, or

- not pay and see if you have grounds to reset the case to a hearing (maybe not but you could phone the court within the month to discuss)

- or, not pay and let a CCJ appear on your credit file (some people wouldn't care, most would). Possibility of PE sending bailiffs to enforce it would hang over you though.

And if this was a retail car park you could try a Letter before Action to the Retailer/Landowner since you will have suffered tangible loss by having to pay this...and it's their fault...should have made it clear that customers were exempt...etc.

Stroma

Your options are to pay or have a ccj registered against you, this will be on file for 6 years. You have virtually no chance of setting this aside as you've ignored the process.

spacey2012

This is another ! from PE resident troll.
IGNORE, they want it on front page.

bams_2

I am a 'Newbie'........one which MSE suggests you give a chance to. I've only just registered due to my worry over the court letters. I don't know how to prove that I am for real but I would genuinely like some advice from those willing.

I have not been to court but my letter states:

'You have not replied to the claim form. It is therefore ordered that you must pay the claimant £85 for debt and £65 for costs.


Thank you

Stroma

Well troll or not the advice is the same, either pay or have a ccj registered against you.

spacey2012

The advice is simple, pay the CCJ.

bams_2

Coupon-mad wrote: »

And if this was a retail car park you could try a Letter before Action to the Retailer/Landowner since you will have suffered tangible loss by having to pay this...and it's their fault...should have made it clear that customers were exempt...etc.

Thank you for your reply.

Are you saying that I should contact the landowner and ask them to pay?

4consumerrights

I'm sorry if my first post was a little abrupt - wrong timing for posting. It is noticeable on the forum that everytime a court success against parking eye has been declared - we see a post similar to yours.

It's such a shame that you didn't ask for help when first receiving the court papers as we could have helped with a defence for you.

You options are very limited.
I don't suppose that you have a protected characteristic under the Equality Act do you- eg disability or pregnancy?

You can apply to have the judgment set aside - I believe that this costs about £80 - however it doesn't make the problem go away - as Parking Eye can apply for another hearing which you will have to defend.

Provided you pay the judgment within 28 days it will not go on your credit file.

If it is difficult to make the payment- then possibly writing to Parking Eye with a payment plan may help - although this may mean the CCJ does appear on your credit file.

Stroma

bams wrote: »

Thank you for your reply.

Are you saying that I should contact the landowner and ask them to pay?

It's always worth complaining to them, but don't lose sight of the fact that you have 28 days to pay, so if they are not being helpful you may need to claim against them over this. But you will still need to pay the claim against you first.