Parkingeye CCJ received to old address. Where do I stand?

Teejay2014

Hello lovely forum helpers,

Yes, the dreaded Parkingeye strikes again!!

I moved house in June last year, I updated my address with the DVLA but unsure of exactly when.

Well last week I ran into the new people that currently live in my old house, they mentioned that they had received letters for me and were returning to sender, but they kept sending them. In January they received one from Northampton Court so wrote to Parking eye to say that I didn't live their anymore. They sent it recorded delivery and have found the tracking number for me. It was signed for and has the printed name of who signed it too.

I rang them last week explaining that I have never received anything and didn't even know when or where it was for. They advised me that I needed to email their enforcement team as they don't have phones so can't speak with them and it had already gone to court!

I emailed them explaining everything and even attached the copy of the signature from when the other people sent a letter. I had a response today:

"We are writing in relation to Parking Charge reference ........... and subsequent County Court Claim issued against you (reference .............).


Our original notices outlined the appeals procedure offered by ParkingEye and provided a period of 28 days from the date of our initial correspondence to send any documentation you believe would aid an appeal to us directly. ParkingEye believe that ample opportunity was therefore given for you to appeal to us in the first instance, before court proceedings were issued. ParkingEye run a dedicated appeals team who consider each appeal on a case by case basis and strongly believe that if you had contacted us in the first instance, any questions you may have held would have been answered.


It is clearly stated on our signs that failure to adhere to parking regulations will result in enforcement action being taken and vehicle keeper details being requested from the DVLA to enable this. The DVLA release the name and address details of a vehicle keeper to registered companies like ourselves if ‘reasonable cause’, i.e. breach of parking regulations, can be demonstrated. Therefore, ParkingEye could not have reasonably known that you were not present at the address we hold for you.


ParkingEye can confirm that throughout this case, standard procedure has been followed at all times, up to and including the court claim issued against yourself. As previously outlined, ParkingEye obtains all information with regards to the registered keeper of a vehicle which has broken the terms and conditions of a site, as outlined on the signage, from the DVLA.

It should be noted that it is an offence to fail, without reasonable cause, to update the DVLA immediately if your name and/or address changes. It is the duty of the Registered Keeper to ensure that they update the DVLA with any new address. Because this has not been changed, ParkingEye has sent numerous pieces of correspondence to an incorrect address.
Despite the fact that ParkingEye could not have reasonably known you were at a different address, as no response to the numerous correspondence we sent was gained, a county court claim was issued against you.


As no defence or payment was made against the claim brought against yourself, default judgment was applied for and granted by the court. At this late stage, ParkingEye would be unable to accept an appeal from yourself with regards to this matter and require payment of the full outstanding amount (£165).



Please find details on how to make payment below.
Kind regards,
ParkingEye Enforcement Team"


I didn't even know when or where it happened as I didn't have any letters from them, so rang them today and asked them where and when. It was in July at The Range, which is where my partner worked at the time and was because we had stayed a bit past closing time!! We have his contracts to say he worked their, will that help?

Now according to them I have a CCJ, well I assume that is what they are saying!

Do I have a leg to stand on with fighting this or am I just out of luck? Thing is I would have sorted this had I have known.

Sorry it's so long, just don't know what to do.

Many thanks

spacey2012

I bet they wrote your defence for you and put it on the website...

You can file a for N244 at the county court, I would not take any notice of any of the carp they write.
This will provide a new hearing where you can defend and usually win with a good defence.
The Parking prankster has a nice easy to follow defence guide that is already bearing much fruit.

Coupon-mad

You can get it set aside, people apply to set aside PE judgments a good number of times every month that I know of, it's fairly common and I expect lots are like yours. Means you have to pay £80 to the Court but can then get the judgment set aside and a hearing - and if you get the Prankster's Guide then you should have a chance and can claim costs if you win. Make no mistake - you would be up against a law employee of some description and it takes some reading of the Prankster's Guide info about defending a PE claim, to get your head around a decent defence.

Your local court wouldn't have been in Essex, Cambs, Norfolk or Suffolk would it? There are test cases pending in that region in April.

spacey2012

The People they send to court from the Agency of unemployable solicitors are the best asset we have.
I would rather they send one of these fools than someone from the local Pizza shop to be honest.

Teejay2014

Thanks very much guys. I shall look into the parking prankster. Im down in Cornwall, so not near any of those local courts, which is a shame.

Thanks again guys. I will not be defeated by these cowboys!

ampersand

That's the spirit, teejay and you have willing help here.

Here's TPP's guide[you'll relish the whole blog], but if you buy the fuller versions, you're also helping fund more Court transcripts.

http://parking-prankster.blogspot.co.uk/2014/01/prankster-guides-to-fighting-parkingeye.html