County court judgement form parking eye

Fizzymad

I have recieved a judgment by default from Northampton county court.This apparently relates to a parking eye ticket issued on 28/05/14.i have never recieved any information before this and have never been served court papers.This judgment is for £200 I can pay £155 to set aside but would still have to fight the case,if I lose the setting aside the ccj will revert back to the original date of 20/09/14 and would stay on my file for 6 yrs.
I have reluctantly paid the fine on my credit card.
Is there a way of claiming this.back?
It seems very unfair to pay when I've had no prior knowledge and the original fine would have been £60

gertysingh

In the future do not fear a parking company. Only the police and the council can give you a "fine". You should have got the judgement set aside and checked with the courts where correspondence was being sent to.

Now that you've paid, not sure if you can still get the judgement set aside and it might be you take out a court case on Parking Eye. i.e. if you can prove you were not at the address correspondence was sent to, you may have a case. However it will cost you money, time, effort, due diligence and perseverance.

If you are not prepared to be proactive and put in the above, then accept what you have paid and move forward in life.....and if you receive any "speculative invoices" from parking companies, come back here and read the newbies thread.

Fizzymad

Thanks,I wouldn't have worried about the parking notice but the ccj was a problem.
I can't understand how they can issue court proceeding when the private parking notice in un enforceable ?
I got the ccj for not responding to the court papers which of course I would have done.
I took legal advice before I paid and they said I was the second person to ring that morning from this area that hadn't recieved the court papers,he was of the belief they were not being issued and that a ccj s were being issued without thought.
I was lucky that I got the default notice so I could act!!!!

Redx

no idea who told you its not unenforceable ?

the NEWBIES thread at the top of this forum tells you all about them, and PE take thousands to court every year, with one going to the Court Of Appeal next feb

only a judge can decide if it can be enforced or not, so had you been able to defend it then yes you may have been right, or you could have lost and be wrong

its an invoice, you ignored it, they issued court papers via Northampton and got a default judgement, happens all the time

anyone can issue an MCOL for an unpaid invoice, only the courts can decide the outcome of this, but an undefended claim gives them a default judgement, no matter what the fors and againsts

we cannot tell you why you had no notification about it, thats something you should look into, as they get the RK details from the dvla , so presumably the papers went there, plus its the court that issues those papers once they have instigated it

either way, its done now so all you can do is follow the same procedures others have done in a similar position , of which there are several examples on here with the correct advice already given

they probably get dozens of default judgements every week, as they currently run at about 30 thousand court claims a year at the moment

addendum

have a read of this recent thread

https://forums.moneysavingexpert.com/discussion/4993882

and https://forums.moneysavingexpert.com/discussion/5048386

and https://forums.moneysavingexpert.com/discussion/5023305

use the 2 words SET ASIDE in the search box to find many more examples

Guys_Dad

It seems that you didn't get at least 3 communications from PE, 1 set of court papers, yet, mysteriously, you have got judgement papers. All very odd.

had you moved house? Were the judgement papers forwarded from a different address? What address did the DVLA have for you when the contravention occurred - the current address?> The same as the court judgement?

Somerhing very, very odd here.

Fizzymad

Our address has a house name,the address where the paperwork was sent didn't include this.The ccj came with a handwritten note to try our house name.it is not unusual not to get the correct mail surprising enough it does happen.We also live on a corner without giving away my address they all have variations of same named area but street,square,lane.

Guys_Dad

OK. But what address is the car registered at - with the House Name or no?

In other words, if the PPC sent the paperwork to the address that you registered the car at, then your case is a weaker one .

Basically, should the Post Office have recognised your houes from the address the PPC used or not?

Now I am no expert on this area and what you should do to rectify this unfair situation, but why not put up the address on the DVLA the address on the court and PPC papers, substituting the name of your house to DUNROVIN and the street to ACACIA avenue so that some legal people on here can advise what best to do.

Fizzymad

I initially posted a registered mail letter to the Northampton county court showing my details on driving licence etc..and asked for the judgment to be set aside although not on court forms(not aware I had to at the time naive I guess) I got no reply and panicked and paid.i did record my telephone conversation saying I was paying under duress.
The girl on the phone said they registered all payments with the courts on Friday mornings I paid last thursday,so I need to wait few days tosee if the judgment is removed.As I will have paid within the 30 days.

Coupon-mad

I think I would sue the retailer/landowner for the loss you have suffered (plus the court fee for your own MCOL). They will soon learn when victims of litigious bullying PPCs do this, and most retailers would settle out of court, IMHO. All you have to do is send your invoice to the retailer/landowner with a complaint letter about their agent and this rip-off, then follow it with a Letter before Claim clearly stating the amount you are seeking and the circumstances under which you consider the retailer/landowner is liable (basically because PE were their agent and never served proper documents to you nor offered you an appeal, nor explained about any exemption for genuine customers if this was a retail car park).

Ask gertysingh for tips!

Fizzymad

The carpark free for 2 hours on a very small retail park...churchill way leyland.
Parking eye say it's owned by workman....I've rang these they said it's not on their books but could be on other on books elsewhere maybe Bristol.This is a management company.
I believe it has multiple landowners does anyone on here know? Or can make a suggestion.
The shops are McDonald's ,Lidle,B&M and Brantanto....Do I write to all and landowners?
Thank you for your patience

The_Deep

Yes, write to them all, say that because of PE's action you will be shopping else where. Tell them that you are spreading the word to your friends and relatives.

Also, you must establish why this happened. Was it your fault? Did you move house, fail to inform DVLA? Was it the fault of DVLA, or did PE make a blunder. If it was PE, hire a lawyer and go for their throat, if the DVLA open a complaint.

A CCJ could ruin a small business, you need to get to the bottom of this.