had a ccj from PE i knew nothing of

miniflatt

I've read a fair few threads both here and on pepipoo, and tried messaging coupon-mad(as they seem to be one of the experts) although their inbox was full(pm me if you can) and I'm just looking for a bit of help to fight this.

in the first instance I've emailed PE to ask for assistance in getting it set aside, as although I don't want to give them any money, the important thing for me at the moment is that it goes away.(yes i know this is playing into their hands) If PE don't offer me something attractive then I will be paying my £155 and rolling my sleeves up.

the basic details of the case are as follows

I got two letters through the post about the 'offence' and followed the out of date advice to ignore.

I then moved home, left a forwarding address with the landlord, but recieved nothing from them.

fast forward 18 months and I check my experian to find out that in July last year I has a CCJ registered against me as PE had taken me to court.


The following is what I've put together so far to put on the form to get it set aside, but I would like some input as to what else needs to go in.




I was not living at the address that the court information was sent to as i had moved in to x address on x date, here is the proof of that(tenancy agreement for new property)

The first I heard of this was when I signed up to Experian on October 20th 2014, as you can see from your records the first phone call I made to the court was on October 21st

I did receive two letters from parking eye whilst at that address however I was following the advice of the solicitor on BBC's watchdog program that can be found here(insert url) and ignored those letters.

I would never have ignored a court letter as I take the county court very seriously and would not waste the courts time nor jeopardise my future career or credit rating by not attending.

I feel that Parking eye's claim is without merit and want to have the opportunity to put my case forward.

I do not currently have the full details of the claim and therefore am unable to put forward a complete defence, however once I have recieved all the details that were, or are to be relied on in counrt I will be able to produce a defence.


happy to provide any further details, main defence will be GPEOL, signage has been increased dramatically at the scene now, not sure if that helps or hinders me.

wiogs

miniflatt wrote: »

I've read a fair few threads both here and on pepipoo, and tried messaging coupon-mad(as they seem to be one of the experts) although their inbox was full(pm me if you can) and I'm just looking for a bit of help to fight this.

in the first instance I've emailed PE to ask for assistance in getting it set aside, as although I don't want to give them any money, the important thing for me at the moment is that it goes away.(yes i know this is playing into their hands) If PE don't offer me something attractive then I will be paying my £155 and rolling my sleeves up.

the basic details of the case are as follows

I got two letters through the post about the 'offence' and followed the out of date advice to ignore.

I then moved home, left a forwarding address with the landlord, but recieved nothing from them.

fast forward 18 months and I check my experian to find out that in July last year I has a CCJ registered against me as PE had taken me to court.


The following is what I've put together so far to put on the form to get it set aside, but I would like some input as to what else needs to go in.




I was not living at the address that the court information was sent to as i had moved in to x address on x date, here is the proof of that(tenancy agreement for new property)

The first I heard of this was when I signed up to Experian on October 20th 2014, as you can see from your records the first phone call I made to the court was on October 21st

I did receive two letters from parking eye whilst at that address however I was following the advice of the solicitor on BBC's watchdog program that can be found here(insert url) and ignored those letters.

I would never have ignored a court letter as I take the county court very seriously and would not waste the courts time nor jeopardise my future career or credit rating by not attending.

I feel that Parking eye's claim is without merit and want to have the opportunity to put my case forward.

I do not currently have the full details of the claim and therefore am unable to put forward a complete defence, however once I have recieved all the details that were, or are to be relied on in counrt I will be able to produce a defence.


happy to provide any further details, main defence will be GPEOL, signage has been increased dramatically at the scene now, not sure if that helps or hinders me.

Although others will be along to help you I would ditch any attempt to use the bit in bold as any sort of defence as it is irrelevant.

Half_way

There seems to be a few of these unknown CCJ's doing the rounds at the moment, if you search on here you may find some answers, however each case will need to be looked at on its merits.

In most cases parking eye are acting as agents for the car park owner - in whose car park did you park?
Depending on the above, the car park owner may have some serious questions to answer about the conduct of its/their agents

gertysingh

When did you notify the DVLA of your moving? If it was within a reasonable time frame, then you can get this set aside......with a potential is to get any outlay refunded

miniflatt

the car park was that of the frog and fiddler marstons pub in northampton. if you look at them on trip advisor they have 3 reviews, all 1 star, all complaining about recieving parking tickets.

as the original 'offence' was 2 years ago, I think i may struggle with using signage as an argument, I parked in the(empty) car park for a short period of time and didn't pay.

the two catch alls seem to be, you do are not the landowner and therefore are not able to pursue me for damages. ref the (VPN?) case

this is not a GPEOL but an unenforceable penalty

refer to beavis case/court of appeal and get the case stayed if it appears to be falling away from me

miniflatt

when PE searched the DVLA database the address on the V5 was correct, and I did recieve 2 letters from them while at that address.
The court would presumably just has served the papers to the address given by PE and therefore when I changed my address on the V5 shouldn't be relevant?

I didn't notify the DVLA in a reasonable time. in fact i didn't notice them at all until I scrapped the car a long time after.

Coupon-mad

https://forums.moneysavingexpert.com/discussion/comment/66800712#Comment_66800712