Parking Eye CCJ Set Aside Appeal

Clive81

Thanks Waamo this more like it I think this is a unique circumstance Like You said Parkingeye just want the money and like I said this CCJ on my record benefits no-one Only ruining my credit rating for no actual solid reason!!! I will phone Parkingeye and appeal to their better nature lol

The Deep- Yes you quite rightly refer to my ignorance of court papers I don't recall receiving any However I have checked and they have definetly sent them out to my correct address. You say how many letters did the court send me Can I ask you How many they are supposed to send me? I thought it was just one.
I take it this set aside is on the Judges discretion surely a judge is human and can see what a nonsense all of this is... A legitimate customer of a casino receoving a CCJ for legitimately using the casino's car park!!
Also, surely the judge will take my character and personal circumstances into consideration being human.... My wife is pregnant and we wish to move house in the near future so I need a clean credit rating to achieve that.
Keep the ideas coming...your all a great help

waamo

If you are very, very lucky you might just get a sympathetic judge who takes a similar view to yourself. As has been pointed out though you do face an uphill battle.

It's a £155 gamble but only you can decide if it's worth the expense if it goes nowhere.

Clive81

Okay Waamo what would you do? Take a £155 gamble or stick with a satisfied CCJ?
Thanks

hoohoo

If your credit record it so important too you then it might be worth a £155 punt to clear it. Some judges love parking companies; some hate them; some are neutral. If you get the right one you may get the CCJ lifted.

You would have to persuade the judge you did not get 2 letters from the court, but paperwork has gone astray in the past. You would have to persuade the judge you may have a chance of winning a rehearing. Poor signage seems to be a good legal angle.

Surely having this CCJ benefits nobody!!???

It benefits ParkingEye immensely. If your suffer from now on because the CCJ affects you then you are exactly the scare story they want to frighten people into paying up. Other people in your position have had trouble moving house because of ParkingEye CCJs and stories like this can be used by the parking industry.

Clive81

Can I also ask have any of you guys/gals on here applied to have a CCJ set aside via an n244? If so what was your experience?

Clive81

Hoohoo,
I can hand on heart say that I did not receive two letters from the court and would swear this in court...why would they send out two letters? Can you explain what each of them would be?

Thank you for observing that point that it is in fact Parking eye who would benefit from the fact I now have a CCJ (hopefully temporary) With this in mind how can I play this? As I was previously advised to ring parking eye and ask them to not oppose me having my CCJ set aside since The debt is paid
Thanks again and keep the advice coming it is priceless.

hoohoo

Letter 1 - notice that a claim was filed
Letter 2 - notice that a default judgment has occurred

It is in ParkingEye's interest to help you out in as much as if it goes back to court, you might succeed in getting the CCJ overturned, which means they will lose money even if they win the next hearing (they pay £200-£300 to hire a lawyer but only get £100 back for the parking charge).

I haven't helped with any cases where people asked PE not to oppose the CCJ removal so I can't give good advice on what may happen.

Clive81

Hoohoo,
I've seen online the Northampton County Court papers with parts where you can enter your defence .... Is this letter 1? If they come separately then somebody has f&cked up....either the courts or the Postal Service...

I'm gonna win this mark my words...just give me the best advice you can everyone
Thanks again...keep em coming ��

Redx

a search of this forum will reveal several set-asides including one against PE

ITS NOT AS IF YOU ARE THE FIRST AND WONT BE THE LAST EITHER

but its no longer about parking, as a CCJ can be obtained for all kinds of reasons, so this is now about the court system and the laws etc , especially about small claims , the parking issue boat sailed a long time ago (plus its not a fine, its a speculative invoice that they took down the small claims track)

the advice on here and also on pepipoo forums and CAG forums changed in march 2013 , to appeal, not ignore , take it to popla and avoid court (the Beavis versus PE case has been ongoing for about the same length of time and wont finish for a few months yet)

letter 1 from northampton apparently contains the following

(N1CPC form + response pack N9CPC, Form N9A, Form N9B and an Acknowledgement of Service Form)

Clive81

So Red x what is your advice then given what you have said there? I'm confused as to what your msg is? Okay I take the point I shouldn't have ignored the letters but my defence to that as well as old out of date advice online was the fact the sign says free parking for customers and I thought the letters were a scam after all I used the casino not the car park.