Parking Eye CCJ Set Aside Appeal

enfield_freddy

yes they did contact you and offer not to give you a CCJ , it was the letter telling you to pay up or appeal , hell it even gave you information of an independent appeals service , this letter said do the above by "x" date or we will "call in the dogs"


but you disregarded this (and other) letters


your biggest !!!! up was allowing your other half to pay it , this is seconded by the fact that your dog must have eaten 2 lots of court papers , "bad dog benjy"


good luck but I think you are **** against the wind

Nodding_Donkey

One days time it was quite easy to get rid of a ccj, get it set aside, pay the creditor and shazaam! One clear credit record. But the courts got wise to this.

To stop this abuse of the system it is now a lot harder to get the set aside in the first place. Can you not see, OP, how this looks like what you are trying to do?

Quentin

Clive81 wrote: »

If I get the CCJ removed and have to fight the original claim I will and I will win.....
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

So why are you arguing here?


Get on with your set aside application.


(But your last paragraph seems to be saying you actually were aware of the court action against you!)

enfield_freddy

Originally I thought Parkingeye was a scam and this was backed up by reports I read on the Internet to ignore the letters ....


and the letters clearly stated that if an appeal or payment was not made they would take legal action to recover it .




PS: internet reports also say that elvis is live and well and works in a fish n chip shop in Barnsley






stork time?


and fail

Clive81

Fast forward nearly two months....
BOOOOOOOOOOOOOOOOOOMMMM!!

I can with great pleasure announce I have had my CCJ...set-aside!!!! Get in!

Unfortunately most of the feedback on here was negative and really said that it wouldn't happen...bad advice. Shame on you guys, ill informed obviously.

However, I would like to massively thank Arabesque the ONE member who said it like it was...easy.

One I never recieved the court papers
Two Parking Eye stated that they would not oppose the set aside as the debt had been paid...all they wanted was their profit or greed you might say.
Shame on the one member on here who said they would oppose a set aside so I am made an example of...that's presuming it was on News at 10 right??

Anyway a few lessons learned
1 Don't ignore parking letters that demand £60 for a £1.20 fee( free in my case as using casino)
2 Don't listen to bad advice on the Internet
Firstly I got this on here saying ignore all parking eye letters they will go away!!!
Secondly again on here almost talking me out of paying £147 to have a chance at having a CCJ set aside!!

Okay rant over...
I am very pleased with the result I can move on with my life and future plans now.
This has caused no end of stress, depression and financial pain.

Anyway lesson learnt...albeit a £347 one!!!!

P.s Yes the judge I got was lovely.

DandelionPatrol

arabesque_101 wrote: »

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.

I agree. On that last, again, people seem to have skim read. It was OP's wife who had paid. Paying, I think does make the case for set aside weaker in general, but the wife paying goes some way to excusing that - although busybodying by third parties does tend to queer the pitch somewhat for a set aside.

For what it is worth, I think that the set aside would have been granted without PE's acquiescence, because the available evidence in post #1 indicates a fair prospect of OP mounting a successful defence.

Clive81

Thanks Dandelion patrol it's been a roller coaster ride and quite an unnecessary sequence of events!
I notice all the doom mongers are keeping quiet now!!
Especially Mr Elvis works in a chippy...Enfield Freddy if I remember correctly!!
I'll keep checking these forums and offer any advice to anybody going through the same or similar.

enfield_freddy

Clive81 wrote: »

Thanks Dandelion patrol it's been a roller coaster ride and quite an unnecessary sequence of events!
I notice all the doom mongers are keeping quiet now!!
Especially Mr Elvis works in a chippy...Enfield Freddy if I remember correctly!!
I'll keep checking these forums and offer any advice to anybody going through the same or similar.

I got you PM , but chose not to reply ,


seems you got the CCJ lifted , AT A COST , PE are not bothered about a ccj , hell they got paid


your biggest mistake was by simply sticking your head in the sand when paperwork from PE arrived , and by allowing them to get a default.


as you state in your first post " continued by saying that if I had brought the parking letter in to them they would have contacted parking eye and wrote the fine off!!!!" , so why did you not contact them after the ticket? why stick your head in the sand and read old posts? PE have brought 30306 cases to court last year ,


if you were so adamant that your parking was legal , and that the casino would have got the charges dropped , why not go full blast into them , get it stayed , re tried and a refund from them.


I think todays posting by you are simply "willy waving" , and under your breath you know you have been an idiot for reading postings that were probably pre 2012.

Clive81

Haha Willy waving good expression! Quite possible so but then again I have good reason to 'wave my Willy' as you so put it. I made the decision to oppose a CCJ and made the right decision as it has been set aside...which was juxtapose to your advice and expert opinion saying it will be £155 wasted!

Once again I feel your missing the point(perhaps skim reading again eh?)
I'll concede I was an idiot of course...I ignored the parkingeye letters and sought out old advice...idiotic and a lesson learned.
However, my point was what should I do having got myself into that hole? Could I bring myself back from the brink. This came about by asking the question what chance will I have by paying £155 to possibly have the CCJ removed.

Of course my primary defence was that I didn't receive vital court papers. Which if recieved would have given me a chance of defending myself or paying the debt.

I'm not having a go at just you...but so called Forum experts/veterans quite clearly have poor advice in saying don't contest the judgement to have it set aside.

It may be paranoia but it makes you wonder if everyone is legit here and not working for a Parking firm...maybe one or two ��

enfield_freddy

NO I did not skim read , I went thru the 3 pages carefully before making my posting , I actually made a posting (which you thanked me for) showing the amount of set asides that parking eye were facing .


PE are not bothered about a CCJ , in the odd case , yes a person pays up and accepts a lesser "satisfied"


PE are a sham , and they will bring the UK CC system to its knees soon , if things continue.


some would say that PE like CCJs , so that they can brag , however they hav,nt even updated their website for 2 yrs https://www.parkingeye.co.uk/motorist-information/parkingeye-win-over-90-of-county-court-hearings/


today , you did not win , you did not even wound them.


with the info you posted , you should have gone in and got the CASE dropped , not just the CCJ , and then returned for a re match and fought them with the knowledge you learnt from here .


I still think you are "willy waving" , after they handed back the CCJ without even getting a bruise .