Parking Eye - CCJ in my absence.

AaarDee

I've had email from them with all the letters they've sent to me on post and all those emails have pictures with the entry and exit time and I overstayed by about 20 mins.

Coupon-mad

Yes but you've paid it now...game over.

AaarDee

Hello everyone. I still don't understand why is paying a fine such a big crime . All I want now is to get rid of the CCJ and I do have all the evidence and proof that I wasn't aware of any of the proceedings until recently. Please can someone be kind enough to help and guide me in that lines ? I'm not worried about losing the fine I've paid to Parking eye and the £150 court fee for apeal but about the CCJ . Please help. Thanks in advance.

da_rule

It's not a fine, never was, never will be. It is simply a civil claim for a breach of contract.

The problem with paying it is that you are in essence admitting liability. To have the CCJ set aside (without the consent of the other parties) you have to show not only that you weren't aware of proceedings but that you also have a chance of successfully defending the claim. This is the problem, as paying undermines your defence.

A CCJ will stay on your file for 6 years (unless you pay it within a month of it being added). As you have now paid it it will show as 'satisfied'.

Your options are:
1) Apply to the courts to have it set aside and turn up ready for a fight
2) Speak to ParkingEye and ask them whether they wold be willing to consent to having the CCJ set aside based on the promise that you will pay for the application and won't ask them for the money you have paid them back (and that they won't restart the case)
3) Just leave it on your file as a satisfied CCJ

Coupon-mad

AaarDee wrote: »

Hello everyone. I still don't understand why is paying a fine such a big crime . All I want now is to get rid of the CCJ and I do have all the evidence and proof that I wasn't aware of any of the proceedings until recently. Please can someone be kind enough to help and guide me in that lines ? I'm not worried about losing the fine I've paid to Parking eye and the £150 court fee for apeal but about the CCJ . Please help. Thanks in advance.

It wasn't a crime but you've admitted liability now. Should have got the claim set aside to defend it, NOT PAID IT!

AaarDee

Hello everyone.

I got in touch with Parking eye and they said they're happy to sign a consent document stating that we both're happy to get this removed . They asked me to send a document mentioning the information and they would sign and send it to me and then I'll have to add it to the documents when I send to the court. Please does some one have a idea on how this document will look like ? what are my chances now having Parking eye agreed to sign the document that we both are happy to set aside ?

Cheers,
Raja

AaarDee

Just an update everyone. I've asked ParkingEye to sign a consent order which they have happily sent and I've posted that to the court with a £50 cheque and waiting for the update.

Regards,
Raja

patman99

Once this is all clear, send a LBA to ParkingEye and the landowner claiming back all the money it has cost you so far. This being based on the fact that the car park has free parking so no loss was incurred by the landowner.

Also, don't forget that in one case (at least) involving VCS the Judge actually stated that there is no Law allowing a 3rd-party to act on behalf of a landowner in forming a contract between the landowner and the land user.

AaarDee

Hello and thank you so much everyone! The case is now set aside and it's all because of your help. Thanks much to one and all.

Regards,
Raja

ffinnm

Hello,

I am in the same situation as AaarDee. I have grounds to get the CCJ removed, and "ParkingEye are prepared to attempt to set aside Judgment via Consent Order".

They say :
"The consent order is to be drafted by you and once you have drafted the document, we request that this is sent to us by return to this email address. This will then be reviewed and should changes need to be made, we would notify you of these and work to find an agreeable solution to the case."

AaarDee; what did your consent order look like please? I've never had to write one before! Any help with this would be much appreciated![FONT=&quot] Thank you.
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