Parking eye CCJ

ColliesCarer

Bezzy,

You need to read the things people have pointed you at in the posts above.

Try not to panic about the set aside hearing - it will just be a meeting room with the judge, a PE rep and you sat round a table - not a court room.

Re proving you did not receive them - have they supplied copies of the correspondence they sent to you in the pack of papers - if so what address is on them?

The fact that their letters were all sent to the wrong address (if they were) should be proof enough

There are two things you will need to do (and prepare for) at the set aside hearing.

1/ Give your reasons as to why you have applied for the judgement to be set aside
2/ Explain why you believe you would have reasonable chance of success if the judgement was set aside and the case was re-heard.

You will need to put together your own points - the following are only some possible ideas for you - others may have more/better ones ...

1/ You have applied for the judgement to be set aside because:

a) You have not ignored their claim but were completely unaware of it until you discovered there was a County Court Judgement against you when you had a mortage application refused.
b) You were never informed by PE that a judgement had been made in default against you so were denied the opportunity to settle the judgement (had you wished to do so) within the 28 days and thus avoid the CCJ.
c) You have never had the opportunity to deal with their initial claim as you have never received any communication regarding the original Parking Charge, subsequent letters from them or the Court Papers as it would appear all communications from Parking Eye were sent to the wrong address.
d) You moved home around the time of the parking event.

(Put together a timeline: date of moving, date of parking event etc. If you are not sure what event the charge relates to check the pack of papers PE have provided - are there copies in there of the original PCN? - their papers will actually help you show how everything they sent went to the wrong address)

e) You believe you took all reasonable steps to ensure mail would reach you at your new address (date you informed DVLA of change etc etc, and redirected your mail for x weeks/months ( see if you can find evidence of your redirection)
f) You believe PE systems are highly automated and that once an address is entered correspondence will continue to be sent out to the same address with no manual checks as to whether this is correct .
g) You believe that Parking Eye should have procedures in place to ensure they are sending correspondence to the correct address, especially before sending out court papers, and that any reasonable person when receiving no communication from you at all would have thought that there may be a problem and would have checked.
h) By failing to check whether they had your correct address before issuing court papers you consider PE have not behaved responsibly to your detriment.

For point 2) - you need to research the legal arguments to use to show why you believe you would stand a reasonable chance of success.

For this you should read Pranksters Book and research the Beavis case (Beavis has been given leave to appeal to the Supreme Court now)

In addition to other Prankster blogs you have been pointed to take a look at this one

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

waamo

One option is to contact PE and make an offer saying you will pay the money they want if they don't object to the set aside. They may well agree to this. You can then await the Supreme Court ruling before deciding your next move.

bezzy

ColliesCarer wrote: »

Bezzy,

You need to read the things people have pointed you at in the posts above.

Try not to panic about the set aside hearing - it will just be a meeting room with the judge, a PE rep and you sat round a table - not a court room.

Re proving you did not receive them - have they supplied copies of the correspondence they sent to you in the pack of papers - if so what address is on them?

The fact that their letters were all sent to the wrong address (if they were) should be proof enough

There are two things you will need to do (and prepare for) at the set aside hearing.

1/ Give your reasons as to why you have applied for the judgement to be set aside
2/ Explain why you believe you would have reasonable chance of success if the judgement was set aside and the case was re-heard.

You will need to put together your own points - the following are only some possible ideas for you - others may have more/better ones ...

1/ You have applied for the judgement to be set aside because:

a) You have not ignored their claim but were completely unaware of it until you discovered there was a County Court Judgement against you when you had a mortage application refused.
b) You were never informed by PE that a judgement had been made in default against you so were denied the opportunity to settle the judgement (had you wished to do so) within the 28 days and thus avoid the CCJ.
c) You have never had the opportunity to deal with their initial claim as you have never received any communication regarding the original Parking Charge, subsequent letters from them or the Court Papers as it would appear all communications from Parking Eye were sent to the wrong address.
d) You moved home around the time of the parking event.

(Put together a timeline: date of moving, date of parking event etc. If you are not sure what event the charge relates to check the pack of papers PE have provided - are there copies in there of the original PCN? - their papers will actually help you show how everything they sent went to the wrong address)

e) You believe you took all reasonable steps to ensure mail would reach you at your new address (date you informed DVLA of change etc etc, and redirected your mail for x weeks/months ( see if you can find evidence of your redirection)
f) You believe PE systems are highly automated and that once an address is entered correspondence will continue to be sent out to the same address with no manual checks as to whether this is correct .
g) You believe that Parking Eye should have procedures in place to ensure they are sending correspondence to the correct address, especially before sending out court papers, and that any reasonable person when receiving no communication from you at all would have thought that there may be a problem and would have checked.
h) By failing to check whether they had your correct address before issuing court papers you consider PE have not behaved responsibly to your detriment.

For point 2) - you need to research the legal arguments to use to show why you believe you would stand a reasonable chance of success.

For this you should read Pranksters Book and research the Beavis case (Beavis has been given leave to appeal to the Supreme Court now)

In addition to other Prankster blogs you have been pointed to take a look at this one

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

Thanks very much for this post, it's been really useful. Have my set aside hearing in the morning (wed). PE have already made their excuses and won't be attending the hearing which will hopefully make things easier for me. Fingers crossed!

Umkomaas

Good luck. Let us know how things progress.

bezzy

Judgement set aside! Judge was happy that I have a reasonable chance of successfully defending the claim on the basis that all correspondence was sent to the wrong address. He said the witness statement was comprehensive enough and I didn't need to add anything more which is thanks mainly to the witness statement on Parking Pranksters site. Does anyone know if I can now have the CCJ removed from my credit file or do I have to successfully defend the claim first?

ColliesCarer

Congratulations bezzy!!

The set aside in effect means the CCJ never happened - so yes you can get it removed from your credit file.

Not sure what the process is for doing that but I'm sure others will advise

bezzy

Happy with the result although the judge didn't agree to stay the next hearing until after the Beavis appeal. He said that could take months so has preliminary booked a hearing in a months time!
Anyone know any good no win no fee?

Herzlos

bezzy wrote: »

Anyone know any good no win no fee?

You don't need a solicitor, you can do the defence yourself. Anyway I'm sure no win no fee solicitors only deal with compensation claims.

Umkomaas

Anyone know any good no win no fee?

What's in it for the solicitors if you win?

ampersand

bezzy - you have had a lucky postponement, aided by pe's failure to turn up.

You thanked collie's carer for #22, which included emphasis on your need to follow the earlier advice given by bazster and Half_way, but you seem not to have done so.

You don't need a solicitor.

You DO need to
[a] thoroughly immerse yourself in pp's excellent publications and blog.

go firmly and articulately back to Morrison's Manager in person and write to their CEO and local papers, showing proof of shopping via online Bank statements/receipts etc. Half_way's #16 contains 3 strong advice lines - posting on social media is but one of those, the feeblest, and least likely to call Morrison's to account.

[c] thoroughly immerse yourself in the normal mse Newbies advice for beating unenforceable overstay invoices.

bezzy - you seem shy of writing proper head-on letters, tackling matters directly and learning how to do so effectively.

People come to the forum and do this by themselves, with encouragement and advice here.

Receiving one of these fake invoices is what starts most of us off on the learning curve.

I can't see a solicitor taking on your parking event in a nwnf capacity. Why not just do some homework and see it off yourself? I sense you are perfectly capable[ just as we can see the opposite with some posters] otherwise I'd not suggest it.