CCJ - Parking Eye

Phoebe4823

I have read all of the related links to the above but none quite fit my situation and I am desperate to get my CCJ removed from my credit file - if any one can offer any advice it would be most appreciated.

On February 22nd 2014 I was called by Burton Hospital at my place of work (HMP Hewell) to say my sister had been admitted with septicemia following a foot operation. I parked in the hospital car park. My sister was in a private room (due to infection) and the staff was happy for me to stay after visiting hours. I left around 9.30pm, the hospital corridors were all in darkness, and when I went to pay for my parking ticket I was surprised to find the machine only took cash. (Working in a prison I do not carry cash, and I had my debit card). I wasn't prepared to wander round the hospital or Burton on Trent looking for a cashpoint so decided I would 'speak to the person manning the barrier' however, when I got there it simply opened and I drove home.

I received no correspondence at all from parkingeye until 19th May 2014 when I received a letter from the County Court Business Centre claiming I had parked on private land in breach of the terms and conditions.

I wrote a letter to ParkingEye explaining why I had failed to pay on the day but offered to pay what would have been the amount at the time. I DID NOT RECEIVE A REPLY - and therefore - STUPIDLY - thought that was the end of the matter!

When checking my credit file a couple weeks ago a CCJ has been put there by ParkingEye!! I have since engaged in email contact with them and they have denied ever receiving my letter, likewise I never received any of their initial letters! They are not willing to take the CCJ off my record and have suggested I fill in a N244.

I would have to pay the initial £155 for this and happy to do so if there is every chance of me winning my case.

Just as an added note - I have a letter here from DVLA who proved they posted my drivers licence to me - I have not received this and currently putting in a claim against post office for lost mail!! (It is the DVLA who gave my address to parkingeye)

Can anyone give me a clear idea of what I need to put on my N244 statement - as I tend to waffle!

Many thanks

The_Deep

Notes on how to fill in the form here

http://www.pdffiller.com/6961711-n244-eng-Form-N244-application-notice---mctsformfinderjusticegovuk-User-Forms?v=header&utm_expid=2952066-160.wXPew0ubTTahlv3g-0f0qQ.1&utm_referrer=http%3A%2F%2Fwww.google.co.uk%2Faclk%3Fsa%3Dl%26ai%3DCIdeagdCFVO-ML6-P0wWfzoGwB9X6qr8FpdH1ktgB_4GKywUIABABIMeY-AUoAmC7lraD0AqgAfPivMoDyAEBqgQfT9CvKx70QOm5SRJ_8vRd2ysjKbyrG5uPZ2FvTiWw5YAFkE6AB_WcwzWQBwGoB6a-Gw%26sig%3DAOD64_2-JvH2HHhgv-V3gITuyMcpo82OUA%26rct%3Dj%26frm%3D1%26q%3D%26ved%3D0CCMQ0Qw%26adurl%3Dhttp%3A%2F%2Fwww.pdffiller.com%2F6961711-n244-eng-Form-N244-application-notice---mctsformfinderjusticegovuk-User-Formsn

Coupon-mad

Same advice as here:

https://forums.moneysavingexpert.com/discussion/5131218

Use the Parking Prankster's advice and get this set aside.

Phoebe4823

Hi
Thank you for responding much appreciated.

I have read your example letter and wondered if you would be kind enough to tell me how best to describe the fact I didn't receive any letters from Parkingeye until they had already charged me £145 and sent it to business centre, I then wrote to them, (do I give the court a copy of this letter) and they ignored me, later when I found they had issued CCJ for £175.00 and then said they had never received any letter from me.

I have not moved address so the example doesn't really apply, but do not want my witness statement to be rejected because of how I have presented the information.

Many thanks

Coupon-mad

I would just say what you said above (sounds fine) and also add some defence points to show you have realistic prospects of successfully defending the claim. Such as the charge is not a GPEOL (see the newbies thread for acronyms) and that the case PE are likely to base their argument on is a flawed small claim decision set for the Court of appeal (you will know about ParkingEye v Beavis if you've read the Newbies thread post #5 about small claims and the Prankster's Blog. It is fundamental to mention the Beavis case is going to the Court of Appeal and the fact there was no loss, as well as your reasons above.

Quentin

Phoebe4823 wrote: »

....
I would have to pay the initial £155 for this and happy to do so if there is every chance of me winning my case........When checking my credit file a couple weeks ago a CCJ has been put there by ParkingEye!!

In order to get this removed from your credit record you need to be able to successfully get the CCJ overturned (ie get the judge to agree you never owed any money to PE) so forget saying you are happy to pay £155!


(The CCJ has been put on your record by the court following PE successfully asking for judgement against you for the debt they claimed.)

The_Deep

In circumstances like this you just have to bite the bullet and pay up, otherwise your your credit rating is trashed. No-one can give you any guarantees, but we are probably your best option.

Quentin

The_Deep wrote: »

In circumstances like this you just have to bite the bullet and pay up, otherwise your your credit rating is trashed. No-one can give you any guarantees, but we are probably your best option.

It's too late to pay up and save the credit rating.


The CCJ has been registered, thus the damage to the credit rating is already done! Simply paying up won't repair the trashing.


The OP needs to get the CCJ overturned which will expunge it from his record.