CCJ from ParkingEye after moving home

vorticity

Last Monday I have received a letter from the ParkingEye informing me that I have a CCJ on my credit record for 150 pounds because of a parking event that has occurred more then a year ago. This is the first time I learned about the existence of the ParkingEye. I have never heard from them before.

The time line is as follows:
24/09/2013 - I have moved to a new address. I have sent a 'change of address' notification to DVLA by post immediately upon moving.
28/09/2013 - I have overstayed for an hour in a free car park at the Beehive Centre in Cambridge (parking for 3 hours there is free). At that time I was completely unaware that I was violating anything. I was a genuine customer and I can prove that by presenting the credit card transactions from that day.
10/10/13 - DVLA processes my postal notification and issues me a new V5C with my new address on it.
02/11/14 - I receive aforementioned letter from the ParkingEye informing me about CCJ. The ParkingEye says they have received my old address from DVLA and have sent 4 letters there before CCJ was issued. They accuse me failing to keep DVLA records up to date so the ParkingEye was sending the correspondence to the wrong address. They also specify that they have got my new address from the credit reference agency. Of course these accusations are false as my new V5C was issued 16 days after I moved. I can not conceive how this could be any faster with postal notification about change of address (and as far as I know there is no other way).

I have spent last week trying to communicate with DVLA but with no satisfactory outcome. The only achievement is that they have sent me the copies of all correspondence they have previously sent to my old address. First letter from ParkingEye to my old address is dated 05/10/13. They still insist it is my fault that DVLA has supplied them wrong address 10 days after I have moved. DVLA has issued me the new V5C in 16 days after I have moved, well within 4 weeks processing time estimate for 'change of address' specified in the DVLA website.

I have also requested and received the particulars of the claim from the court. I have not found much interesting there. Looks like its standard ParkingEye claim for overstaying on the free car park.

I have tried calling the management agent of the Beehive retail Centre but to no avail. In fact he was quite rude and even hanged up on me in the end (needless to say now I would avoid that place at all costs).

Now I am looking into hiring a solicitor to apply for the judgement to be set aside.

I would very much appreciate any advice and suggestions for the best course of action.
Any suggestions of a good solicitor for this matter could also help a lot (please PM if it's not allowed to be posted here).

Thank you in advance.

PS As it stands it looks like anyone parking on a private land after moving home but before new V5C is received from DVLA is putting himself in a great danger of ruining his credit record...

EDIT: CCJ is in my credit record from February 2014.

Fergie76

It's amazing how PE always manage to send the CCJ letter to the correct address, but never any of the ones before that, when people have moved...

I don't think you need a solicitor to set the claim aside, just follow the advice of the regulars here.

Is there definitely a CCJ issued, as you say you have only received the particulars of claim? Is that the judgement? (I'm not sure how the court papers work) Have you checked your credit file?

gingerandrubarb

Parking Eye aren't a lawful company, we were advised of record by a police man (dealing with another matter) that these parking tickets (non-government issued) don't and won't hold up in court so they can only try to bully you into paying and threatening hoping that you'll take the bait.

My husband received one a while back, I'm talking a few years and there's no CCJ (they can't even do that as it's the same as you deciding to put a CCJ on my credit record - it's not possible) and they eventually just gave up. They WILL threaten CCJ's, legal action, house visits and everything in between, just ignore and bin their letters.

gingerandrubarb

* Advised off-record (just read it back and it didn't make sense.

The_Deep

I don't think you need a solicitor to set the claim aside, just follow the advice of the regulars here.

Perhaps not, but if there has been maladministration in Swansea, or PE have not behaved honourably, then OP may have a claim for compensation and re-imbursement of his/her legal costs.

If he was unaware of the ticket he had no opportunity to pay or appeal it. If PE start legal proceedings some months after the event surely it is their responsibility to ensure that the address which they hold for the appellant is the correct one.

The_Deep

gingerandrubarb wrote: »

Parking Eye aren't a lawful company, ... these parking tickets (non-government issued) don't and won't hold up in court so they can only try to bully you into paying and threatening hoping that you'll take the bait.

My husband received one a ... few years and there's no CCJ (they can't even do that as it's the same as you deciding to put a CCJ on my credit record - it's not possible) and they eventually just gave up. They WILL threaten CCJ's, legal action, house visits and everything in between, just ignore and bin their letters.

How on earth did you acquire so many thank yous when you offer such rubbishy advice?

Umkomaas

Shocking advice Ginge!

PE have issued tens of thousands of court claims this year and are appearing in court with motorists on an almost daily basis. While they are losing some of these cases, they are winning many more.

You are correct in saying PE can't attach a CCJ to a credit record, but a Judge can, does, and has in this case. .

What the OP has here is most certainly a CCJ and needs to deal with it. There has been a rash of these in the past couple of weeks based on PE parking charges that have been 'ignored' as motorists have moved address in the intervening time and have not received/dealt with the paperwork.

trisontana

Parking Prankster has now blogged about this:-

http://parking-prankster.blogspot.co.uk/2014/11/parkingeye-issuing-stealth-ccjs.html

gertysingh

Excellent post by PP to sum it up. Wonder if the folk on this forum who have been issued with CCJs could club together and go in as one entity to sue PE under harassment laws.

vorticity

CCJ is definitely present in my credit record. The court ruled in favor of PE 'by default' i.e. without me putting any defense (as I was completly unaware of this claim). This happened in February 2014.

Below is the claim particulars I have got from the court (sorry for caps, but I guess that is how court processes it?):

CLAIM FOR MONIES OUTSTANDING FROM THE DEFENDANT, AS REGISTERED KEEPER, IN RELATION TO A PARKING CHARGE, ISSUED 05/10/2013, FOR PARKING ON PRIVATE LAND IN BREACH OF THE TERMS AND CONDITIONS. PARKINGEYE?S AUTOMATED NUMBER PLATE RECOGNITION (ANPR) SYSTEM, MONITORING THE BEEHIVE CENTRE, COLDHAMS LANE,CAMBRIDGE, CB1 3ET, CAPTURED VEHICLE xxxxxxx ENTERING AND LEAVING THE CAR PARK, OVERSTAYING THE MAX STAY TIME. THE SIGNAGE, CLEARLY DISPLAYED AT THE ENTRANCE TO AND THROUGHOUT THE CAR PARK, STATES THAT THIS IS PRIVATE LAND, IS MANAGED BY PARKINGEYE LTD, AND IS A MAX STAY SITE, ALONG WITH OTHER TERMS AND CONDITIONS BY WHICH THOSE WHO PARK ON SITE AGREE TO BE BOUND. IN ACCORDANCE WITHTHE TERMS AND CONDITIONS SET OUT IN THE SIGNAGE, THE PARKING CHARGE BECAME PAYABLE. NOTICE UNDER THE PROTECTION OF FREEDOMS ACT 2012 HAS BEEN GIVEN UNDER SCH 4, MAKING THE KEEPER LIABLE. THIS CLAIM IS IN REFERENCE TO PARKING CHARGE(S): xxxxxx/xxxxxx


Amount Claimed: £85.00
Court Fee: £15.00
Solicitors Costs: £50.00
Total: £150.00

Date of Issue: 03-FEB-2014

gertysingh

Read the link that trisontana has sent you. Tells you everything you need to do to first get this set aside.