Parking Eye CCJ

Col83

Hello.
I hope you can help me.
I have recently become aware that Parking Eye have taken court action against me for not paying parking back in March.
All correspondence was sent to my old address and so I've only just found out about it. The CCJ was issued by default on the 8th of this month and so I have 30 days from then to pay the £200 outstanding to avoid it staying on my credit file I believe.

The thing is, I actually did pay for parking and I still have the receipt as I did it online. When I was there in March I remember having no cash so I followed the instructions on the side of the parking meter to download an app and pay using the location number shown on the side of the box.
I did this and have receipt of my payment. However, after paying I noticed that on another sign post in the car park this 'location number' was different to the one on the side of the meter, but because I had paid I felt this would suffice as I'm not paying twice.
I rang the hotel whose car park it is yesterday and they informed me there are still 2 different numbers shown and they thought it must be wrong as it's all one car park.

I clearly have a case here but I have been judged by default.
Every fibre of my being doesn't want to pay this as I have done nothing wrong other than not responding in time.

Is there any hope? I hope there is a way to resolve it.

Thank you for any help.

Redx

read previous cases for a start, using the search words PARKING EYE CCJ

like here

https://forums.moneysavingexpert.com/discussion/5013282

https://forums.moneysavingexpert.com/discussion/5001417

https://forums.moneysavingexpert.com/discussion/5000344

etc

hoohoo

You can apply to get the ccj set aside. It costs, but if you then win the rehearing you get your costs refunded.

Not receiving any letters is a ground for a set aside, and has worked before but nothing is guaranteed in court.

You also need good grounds to win a rehearing, but it sounds as if you have some.

This next bit I'm not sure about, so perhaps someone with more legal knowledge than me could comment.

You could write to parkingeye asking if they would agree to set the judgment aside and hear the case again. This might save the set aside fee.

You would do this, because then this gives extra chance for you to get the set-aside fee refunded to you if you finally win

bargepole

Col83 wrote: »

Is there any hope? I hope there is a way to resolve it.

You need to get form N244, and apply to the court for the Judgment to be set aside. The fee for this is £155, refundable if you subsequently win the case.


The set aside hearing will be at your local county court, where the Judge should certainly grant it in view of your house move, and he will then direct the parties to serve statements of case, so effectively the claim is reset to the allocation stage. A date for the substantive hearing should also be given, probably a couple of months further on.


Research on here and on Pepipoo will show you the points you need to include in your defence, the most important being that you already paid, so you owe them nothing.


For future reference, and for the benefit of anyone else reading this who may be changing their address, always pay for the Royal Mail redirection service. It's the letters you're not expecting, such as in this case, which come back and bite you.

The_Deep

I take it you did not inform DVLA of the house move in a timely manner. If you did and DVLA are to blame, then that makes your case even stronger.

Col83

Hi
Thank you very much for the informative and helpful info.
I have sent an email to parking eye asking them to set aside the claim as this seems the simplest. If they do not respond in the next day or 2 I will fill out the N244 form as instructed and ask for another hearing.
I appreciate it was my fault I didn't receive the papers until now as it was the one thing I forgot to update promptly. However, as said above, I owe them nothing so this should not even be happening. It is their error.

Many thanks for the help, I really appreciate it.

Fergie76

Do Parking Eye have the authority to set it aside? I doubt it very much. And even if they do, why would they? All they want is your money and they now have a CCJ saying you owe that amount.

Forget PE and fill in the N244, if you want to get it set aside.

Coupon-mad

Col83 wrote: »

Hi
Thank you very much for the informative and helpful info.
I have sent an email to parking eye asking them to set aside the claim as this seems the simplest. If they do not respond in the next day or 2 I will fill out the N244 form as instructed and ask for another hearing.
I appreciate it was my fault I didn't receive the papers until now as it was the one thing I forgot to update promptly. However, as said above, I owe them nothing so this should not even be happening. It is their error.

Many thanks for the help, I really appreciate it.

If it gets set aside and you get a hearing date please ask here for help with your defence. Daft though it may sound, don't rely on the one point that you paid.

Col83

Hello again.

Thank you for all the replies and sorry for the delay in updating the outcome.
Basically I sent a strongly worded email to Parking Eye saying I had paid and it was their fault, together with a screen shot of my receipt. I said I would defend myself fully and ask for compensation unless they dropped the case and got rid of my CCJ, in which case I would leave it. They replied saying they've reviewed it and found that it was their error and they would drop everything.

So good result there and saved me having to fill out forms and present a defence, which to be honest is rightly so! I did absolutely nothing wrong and should never have been in this position in the first place.

Thanks again for the helpful advice :-)

Marktheshark

You did file the N244 ?
If not, keep the cork on the wine.

Coupon-mad

Col83 wrote: »

Hello again.

Thank you for all the replies and sorry for the delay in updating the outcome.
Basically I sent a strongly worded email to Parking Eye saying I had paid and it was their fault, together with a screen shot of my receipt. I said I would defend myself fully and ask for compensation unless they dropped the case and got rid of my CCJ, in which case I would leave it. They replied saying they've reviewed it and found that it was their error and they would drop everything.

So good result there and saved me having to fill out forms and present a defence, which to be honest is rightly so! I did absolutely nothing wrong and should never have been in this position in the first place.

Thanks again for the helpful advice :-)

Check your credit report - what makes you think they 'got rid of' the CCJ? Presumably it has merely been left there on your file.