Parking Eye CCJ Set Aside Appeal

salmosalaris

Ignore all my thanks ! Doing this on a phone and it hits the thanks button every time I scroll !

Only you can decide , nobody can answer questions like that . It's about time you started making decisions for yourself and acting on them . Afterall it's a failure to deal with stuff that's got you into rhis predicament in the first place .

ampersand

'Eagerly awaiting your response!'
Can't believe that, dear child, says ancient she wryly :-)

Antipodean and old-school here, so credit cards untouched by any &bargepole
Don't use/need credit ratings.

Ah now - suggestions for approaching m'lud:
https://www.youtube.com/watch?v=2_S2V0bASSI
[and it worked! ]
#
clive - please absorb nodding donkey's #42

arabesque_101

I'm not sure why people are so negative to the OP, but I think its because his initial post was so long, people skimmed read it, and saw that he said he ignored all the letters and ended up with a CCJ. Except he didn't say he ignored the CCJ, he said he didn't receive it. That is a perfectly acceptable reason for a set aside and there are many, many on this forum who obtained set asides for this same reason. All you have to do is swear on your defence form that you didn't receive it.

There are two other hurdles to have your CCJ set aside. The first one is you need to show that you have a reasonable defence to the original claim against you. And you have that. The final thing is you need to not have undue delay between discovering about the CCJ and applying for your set aside.

It really is that easy and simple. The only other thing its not 100% guaranteed because nothing in court is ever guaranteed. If Parking Eye fight your set aside, and you need to swear in court the fact you never received the paper, and you have a sly smirk as you say it, the judge won't believe you. But if you present well and appear honest, its as good as done.

The other bad advice people give on the forum is saying that because you paid it you cannot get it set aside. This is not true. you can get a satisfied CCJ set aside just as easily as a non satisfied one.

bargepole

Clive81 wrote: »

I also checked with Northampton Court and according to them they sent out court papers to my correct home address at the start of April. I just state that I do not recall getting these papers, although I am not disputing they were sent out.

Clive81 wrote: »

Okay I have a defence in that I didn't receive the paperwork...how about the fact that I ignored the Parkingeye letters as I thought I was being scammed...after all In my mind I was a legitimate customer and had never heard of Parkingeye...after all I was a customer of Grosvenor.

As for the argument whether I was a legitimate customer or not I believe this is an argument I can win easy through poor signage and lack of instruction to enter your reg plate details.

It seems to me that the OP did receive the claim form from the court, and ignored that along with all the stuff from PE, because he thought it was all part of the scam that the bloke down the pub told him it was.

The facts of whether he was a legitimate customer, poor signage or whatever, are irrelevant.

He had ample opportunity to Acknowledge Service and defend the claim several months ago, and failed to do so for no valid reason.

He may be lucky, but in my opinion it's highly likely that the application to set aside the Judgment will be dismissed by the Judge. He may as well stay at home and flush £155 in cash down the toilet.

bod1467

tl;dr

Did OP actually receive a CCJ marker on his credit file? (i.e. paid, but paid late leading to a Satisfied marker). Or did he pay the judgment in the prescribed time?

If the latter then there's nothing to worry about. If the former then he needs to look at ways to get that marker removed, IF the reason for the marker was because he didn't receive the judgment papers.

Clive81

Arabesque thank you for your positive response I am quite willing to swear in court I did not receive court papers as I know for a fact the only thing I received were Parking eye threats.

I checked with the court the address they have for me and it is the correct address. However, I can not state the reason why I didn't receive that paperwork.

Thank you I do think also that I have a valid reason to fight the original claim.

I first learnt I had the CCJ on the 26th August( last month) I went on Holiday abroad on Monday the 29th for a week and returned on the 03rd August I have spent the last two weeks contacting Courts/Citizens Advice/ParkingEye/Grosvenor/Taking Photos etc . So I can vouch for the time between learning about the CCJ and now applying to have it set aside.

I accept you say don't wait too long but it is really a case of submitting the right evidence to the court with the correct wording rather than rushing something through.

It's decided the set aside claim goes ahead.

Clive81

So Parkingeyes enforcement dept is contactable only by email Next question is if I email them asking If they will oppose my set aside appeal and what they propose to do after if it is successful all of this bearing in mind the debt has been paid...so do I ask for written confirmation of what they will do and include this in my appeal??? Bearing in mind this could delay my appeal by another week or two. Or do I go ahead with my appeal without contacting them first???
Thanks again

enfield_freddy

did they contact you and offer not to give you a ccj?

Nodding_Donkey

I'm confused OP

On one hand you are saying you didn't owe the money which is why you ignored everything.

On the other you are saying they can keep the money (i.e. you did owe them) but you want rid of the ccj because it will cause you problems. If that's the case you should have paid them when they asked.*

This is what makes it look as if you are playing the system, you are looking for the easy way out.

As an aside, I don't think PE will let the CCJ go that easily. It's worth more to them than £200 as a stick to beat other people with "What makes you think you can win, look at these other cases, if you don't pay you'll get a CCJ too" They already spend more than they hope too gain on court cases. That gives some idea of what a judgement is worth to them 'pour encourager les autres'

*Just for the record I don't think that anyone should pay PE anything for one of their made up invoices.

Clive81

Enfieldfreddy-
No they didn't contact me and offer not to give me a CCJ

Nodding donkey- I'm losing my patience a little here! I think your misreading a lot of what I write Which is understandable in text form

---

The debt was paid by my wife not me!! In panic when she saw a debt letter
I don't believe I owe Parkingeye a penny but just for an easy life if it removes the CCJ quickest I will accept the debt is paid now
If I get the CCJ removed and have to fight the original claim I will and I will win because I was using the car park as a customer----and the signage is inadequate form Grosvenor and Parkingeye ....
I didn't receive any court papers so have not had at any stage any chance to defend this claim...
Originally I thought Parkingeye was a scam and this was backed up by reports I read on the Internet to ignore the letters ....
Thanks