Parking Eye - CCJ in my absence.

AaarDee

Hello everyone!

Please can you go through the following info and suggest the way forward ?


The case is regarding over stay at Vale Retail Park car park for which all the communication have been sent to my old address. The actual incident happened on 14-09-2013 and Parking eye started sending communication to my old address starting from 19-09-2013 and I have no idea about them until I opened an account with experian.co.uk on April 15th 2014.

I've opened an account with experian on April 15th 2014 and to my surprise I've noticed a public record with a judgement that's passed in my absense.

I've moved from old address to new address and I can supply my rental agreement as a proof.

I've notified DVLA for updating address on V5C the week after I moved to the new address and the new address, as per records is updated on 24-09-2013 which means the address update is in progress with DVLA while the actual incident took place.

After having noticed that I've a public record. I immediately got in touch with Parking eye to check the details and paid the due and I can supply the receipt as a proof.

I never had any information about the notice or subsequent court judgement due to me moving to a new house and that the judgement was passed in my absense and what are the chances of this being set aside as I've to pay another £155 court fee and a day off to travel for hearing in the court.

Important dates:

Date I moved to the new address : 27-08-2013
Date I overstayed at car park : 14-09-2013
Date letters were sent by Parkingeye : 19-09-2013
Date new address was updated in DVLA : 24-09-2013
Date I was aware about the court judgement : 15-04-2014
Date the outstanding parking fee was paid : 29-04-2014

The following are the attachments that I can supply:

Rental agreement confirming the date that I moved to the new address
DVLA V5C document confirming the date when the records were updated
Confirmation of CCJ against me on Experian credit report.
Payment receipt from Parking eye.
Notices sent through email from Parking eye regarding the incident details after I got in touch with them after noticing the record on credit report.



Please help and many thanks in advance!

fermi

Hi, we move threads if we think they’ll get more help elsewhere (please read the forum rule) so this post/thread has been moved to another board. If you have any questions about this policy please email [EMAIL="forumteam@moneysavingexpert.com"]forumteam@moneysavingexpert.com[/EMAIL].

AaarDee

Thanks for the response. Please may I have the url of where it has been moved to ?

fermi

AaarDee wrote: »

Thanks for the response. Please may I have the url of where it has been moved to ?

From Credit File & Ratings to Parking Tickets, Fines & Parking board.

The good people on that one are familiar with disputing Parking Eye legal action.

da_rule

You can apply for the CCJ to be set aside, but the fact that you have paid makes this more difficult. You would need to show the court that there was a fair reason why it should be set aside (you didn't receive the documents) and that you have a good chance of defending the claim.

Now, there are other options and it depends what your priorities are. Do you want your money back and your day in court or do you just want the CCJ off of your record? If it is the latter then you could contact ParkingEye and explain the situation to them and offer to pay for the court fees and not to ask for the money you have paid them back if they sign a consent order stating that they also want the CCJ set aside (also get an undertaking that they won't recommence proceedings). There was a post a couple of weeks ago where someone had claimed to have done this.

Personally I don't like it as an idea. But it's an option, the choice is yours.

Iceweasel

I don't understand why you rushed to pay it.

To me and many others paying is seen as an admission of 'guilt' and an acceptance of the 'punishment' for having done something wrong.

It's likely that the judgement on your record is more important then the sum of money - but you have made it more difficult for yourself to have it set aside.

Good luck.

Coupon-mad

Should not have paid it if you wanted it set aside. Same as another poster last week who was a 'financial adviser' (so he said) but had also rushed to pay a claim he should perhaps have applied to set aside.

AaarDee

Many thanks everyone for your replies. I've had the similar question when I was first made aware of the CCJ on my record. However after a bit of reading on the forums it did appear that the right thing to do is to pay first and then appeal later which is why I paid it first in place. Regarding priorities, I'm mainly concerned about the CCJ more than the money I lost paying the fine(£165) . If I can get the money back that's even better but the chances of that looks very slim unless some has got some real nice idea of how to.

As suggested I will try to get in touch with Parking eye to see if they're ok to sign a consent and I'm happy to pay their legal fees incurred if that's quicker and hassle free.

I'll keep you posted on the updates.

Thanks again!

trisontana

Please don't call it a "fine". It's nothing of the sort.

Rrushi_Shqiptar

How did they prove it was you who had parked the vehicle and therefore overstayed?

da_rule

Rrushi_Shqiptar wrote: »

How did they prove it was you who had parked the vehicle and therefore overstayed?

They don't need to if there is no reply to the claim form. The parking company win by default.