Unknown CCJ due to parking ticket

FenderJay

Hi everyone,

I hope you can help.

Around 3 months ago I found out I had a unknown CCJ against me (it came up on the credit check when I moved into a new rented house).

This dated back to September 2014. I stopped at a McDonalds for lunch and parked up in their carpark.

ParkingEye Ltd who run the carpark stated that I overstayed the maximum time allowed and issued a parking ticket. The problem has arose as I forgot to update my VC5 document (I know this is bad and accept responsibility for it) when I moved house so I didn't receive their mail. They sent more notices and eventually took it to court when they won a default CCJ against me for £190. I didn't receive any notifications of this

Here is where I am at:

1. I'm surprised I overstayed the maximum allowance as I have NEVER had a car parking ticket in my life. I even remember putting money in the machine and buying the maximum ticket. They are saying the maximum stay was 1 hour 15 minutes and I stayed 1 hour 58 minutes. They will not provide any proof of signage that backs up this 1 hour 15 minutes rule.

2. They have refused to provide any information under BPA Ltd AOS Code of Practice despite my 3 attempts to retrieve it.

3. They state that they cannot look into any appeal or provide me with any information relating to my case because the appeals process has been missed. My only choice is to pay the £190 fee.

4. I contacted McDonald's who own the land on which they operate the carpark. On explaining the issue they were happy to step in and cancel the fee (as I was a paying customer there for lunch afterall). ParkingEye Ltd refused this stating there can be no appeal and that I must pay the £190.

My big worry is that I'm looking to buy a house in early 2017, and I have a CCJ on my credit record. The £190 parking charge is not the issue anymore for me as this CCJ could greatly affect whether I can even get a mortgage or not. I run a business myself and I don't see how ParkingEye Ltd can refuse everything that is being asked of them. Essentially they have charged me, took it to court and won and have yet to provide any proof that the charges were rightful.

What options do I have guys in this scenario?

ps I haven't paid the £190 parking charge yet as I want to explore all options

beamerguy

Suggest you read this

Do you have a CCJ from ParkingEye? Casehub consider class action to help people who have CCJ from ParkingEye
http://parking-prankster.blogspot.co.uk/2016/05/do-you-have-ccj-from-parkingeye-casehub.html

Coupon-mad

Your best bet is to get this set aside because although it costs £255 in court fees, it removes the CCJ rather than just shows it as 'satisfied' which is what happens if you just pay PE. You have to attend a hearing to convince a Judge that you had reason not to have responded to the court papers (because you never saw them, is OK!) and that you have reasonable prospects of defending the claim (you need to be aware of ParkingEye v Beavis because you can't argue the charge was disproportionate or that there was no loss caused).

Read this:

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

and Google:

'Prankster guide to getting a ParkingEye CCJ set aside'

and read his Blog on it which is different from the more recent 'Casehub' link (both recommended, get yourself in the Casehub group).

nigelbb

Never mind forgetting to update the address on the V5C why on earth don't people set up postal redirection? It's only £59.99 for 12 months (£31.99 for 3 months). It's not just parking tickets that get forwarded but everything else you had forgotten about.

FenderJay

Thanks for the advice everyone. It's been a big help!