Urgent help needed! Parking Eye & County Court Business Centre

fishy1990

Hi

I'm writing on behalf of my partner. We overstayed at a Parking Eye car park by 11 minutes apparently, although we could have sworn we were back in time.

He has aspergers and has ignored all the received letters. Then had some County Court claim form come through, which he tried to appeal using the info provided on the papers but was unable to log in. He emailed the court asking for advice and they still just pointed him towards the website to fill in the paperwork. (Edit: I've just read the email myself and it does give a postal address and email address to reply to)

As you can guess, this wasn't done. He did try to log in but gave up and again put it to the back of his mind. I guess he didn't realise it would get any worse.

Now he has received 'Judgment for Claimant (in default)' for the amount of £197.

What do we / can we do.

He already stated to the court in the email (when he received the papers) that he was autistic and was having problems with the site.

Can we do anything? This is clearly an unreasonable amount to pay for 11 minutes overstay.

Help much needed and appreciated.

Marktheshark

You have a CCJ, that does not mean you have to pay until they take other action.
If you can hold your nerve, they wont get a penny, CCJ or no CCJ.

fishy1990

Is there anything we can do to appeal this? We have paperwork for his disorder, he doesn't understand certain things like 'average' people do and thought it would all go away if he ignored it and said nothing. Is there anyway they take these things into consideration? Or is this judgment final?

Quentin

Read up on "set aside" and maybe seek legal advice on whether he would have any chance of winning a set aside based on his mental condition.


Otherwise it is "final". He can stop it affecting his credit status by paying it in full within 30 days from the date of the judgement

fishy1990

I'll look into the set aside thing i think - maybe try to go back to Parking Eye and the court to try to reduce the amount or something if i explain the situation - or maybe threaten going to the papers! He is very reluctant to pay them £197 for a 10 minute overstay! He's actually adamant that he'd prefer to have bailiffs at the door than pay the parking people a penny!

Quentin

fishy1990 wrote: »

..... He's actually adamant that he'd prefer to have bailiffs at the door than pay the parking people a penny!

Bear in mind that if they decide to use bailiffs to enforce the judgement, then they can only come if they get the courts consent, and all the costs involved in this gets added to the amount owed.

Coupon-mad

http://parking-prankster.blogspot.co.uk/2014/11/prankster-guide-to-getting-parkingeye.html

http://casehub.com/cases/parking-eye-ccj-fines

HTH

The_Deep

As this condition has been documented, your partner will almost certainly enjoy protected characteristics under the Equality Act, and the Court Service are required fo make reasonable adjustment to allow for this. There may also be help with court fees.

Do not bother with PE, concentrate on the Court, but first familiarise yourself with the Act. From now on, do not trust your partner to progress this, deal with it yourself, or engage a solicitor who specialises in disability discrimination, a CCJ is far too important to treat casually.

Marktheshark

what are the circumstances of this ?
WHY WHAT WHEN < WHERE