Ccj - parking eye

Betts83

Hi

I am looking for any help or advice. We applied for a mortgage on Monday and we're turned down due to CCJ. After contacting the court we were informed it was from parking eye. Parking eye confirmed it is from the 25th March this year at an Aldi car park and we overstayed by 7 minutes. I know everyone has the same story, but we never received any mail from parking eye and the court admitted that they outsource all their mail to a third party and there have been issues. So now we have a CCJ on what was an impeccable credit history and no idea what to do next. I don't want the CCJ to show as satisfied I want it off, has anyone ever had any experience with this?
Any help would be greatly appreciated we are devastated by this.

Betts83

We have contacted parking eye as we didn't know what or when it was from amd they have informed us verbally o the date, location and how long we were over. Does anyone know what the next step would be in order to get the CCJ removed.
I have spoken to Aldi customer sevices and was advised that even though they sympathise with our situation, there is nothing they can do as parking eye is employed by a management company on that particular site.

Umkomaas

So this wasn't an exclusive Aldi car park where PE were contracted by Aldi. No Aldi car park 'infringer' has been served court papers as we believe Aldi have denied PE the option to take their customers to court.

Have you moved house recently and not updated the DVLA of the change of address on both your driver's licence and your V5C (log book) separately?

You've got to try to get this set aside (£255 for the 'pleasure' of doing so, less if you're on benefits) as well as complaining to Heald and May and registering on Casehub as per Coupon-mad's advice on the thread you first posted on.

Setting aside a CCJ.

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

Ivor_Pecheque

Concentrate on your appeal.

If you do have time, you may wish to get in touch with this investigative journalist, who is looking into the misery caused by this so called "credit clamping" paul.bentley@dailymail.co.uk

Betts83

Thank you for your responses. Has anyone successfully appealed the parking notice after having the judgement set as side?

Coupon-mad

Yes, they have but it is not 'appeal' but 'defence' at court stage.

A seven minute overstay should NOT be enforced because it breaches the 'grace periods' requirement in the BPA Code of Practice.

Was it a Pay & Display car park where the driver also took some minutes BEFORE paying, then seven minutes after? How many minutes before paying, according to the PCN, or have you no clue because you've not seen a PCN?

Umkomaas

To get this set aside you will need to persuade a judge first off that you have a very good reason why you never dealt with the court papers when they were dispatched to you.

Saying you never received them, probably won't be enough - you have to try to determine and argue why you didn't receive them, hence my question about moving house in the past few years.

Court papers aren't sent by the PPC, but by the County Court central handling service in Northampton, so there's no vested interest in you not receiving them.

Betts83

Hi

We have not seen any paperwork. We have just been told verbally over the phone how long we were over. This car park has recently changed from a 90 minute to an 80 minute stay as well. It is a free for this time period and not pay and display. I presume there are camera up.
The courts have already admitted to us that their mail is outsources to a third party so he was unable to confirm the exact date the court letter was sent.
We have lived at the same address for 10 years, I have spoken to parking eye and requested the original paperwork to be sent so I will see if it turns up over the next couple of days.
I have been told you can get parking eye to do a set aside by consent and then you don't have to pay the £255 but this is normally under the condition that you pay the original notice. Is that true?

Betts83

Also can someone explain why you shouldn't have any contact with parking eye? I have seen a couple of posts regarding this now. As we had not received any correspondence from them I spoke to them to gain further information about the CCJ. Should I not of done this?

Coupon-mad

Betts83 wrote: »

Also can someone explain why you shouldn't have any contact with parking eye? I have seen a couple of posts regarding this now. As we had not received any correspondence from them I spoke to them to gain further information about the CCJ. Should I not of done this?

It's the fact that people think picking up the phone is a good idea...

I can't understand why you would think of talking to a predator firm like PE, they don't have any 'customer service' Department; this is not a normal industry. They want money...money...and more money. It's all these firms do, leach money from people day in day out, for no service to any consumer whatsoever. They are not involved in any parking 'management' (e.g. they don't bother with helping people find spaces or properly policing disabled bays, if at all).

Contacting PE should have been on a formal footing, by letter or email, not having a chat like they would back down & sort it out.

Have you joined casehub now?

Betts83

I did follow up with an email but have been told it can take up to 10 working days for a response.
Yes we have joined casehub.