Hotel offering to pay CCJ - what next?

thosethatknow

Hello All,

I took the last advice given on this forum (many thanks btw) and contacted the hotel, whose car park is run by parking eye fine.

They agreed that the fine was unreasonable and they would get it cancelled. They knew that I had a county court date impending and kept on telling me not to worry, it would be all sorted.

Well, I was convicted in my absence and after many emails it turned out that Parking Eye had made an offer to the hotel but the employee in charge of my case had left the company and his mail wasn't forwarded.

The hotel have now offered to pay the £255 to have the CCJ set aside but I'm looking for some advice, to make sure that this goes correctly and smoothly.

Thanks in advance.

pappa_golf

you do not want the CCJ marking as satisfied , that will affect your credit for 6 yrs , you need to get a set aside , this will cancell the CCJ and put you back where you were before , if PE wish to retry , then the hotel will back you up

on what date was the CCJ issued , and did you recieve the relivent court papers to your home address

Coupon-mad

Search the forum for 'set aside' and read what's involved. Other people have posted about it. Unless you can get PE to agree not to contest a set aside, there will be a hearing and you will have to explain to the court why you didn't answer to the court claim. Terrible to have ignored it, you might find the Judge won't agree to set it aside because it was a CCJ due to your inaction (sorry). Relying on a third party = big mistake.

But read other posts about it. A poster starting with 'd' posted about his 'set aside' which was successful.

You could also email Parking|Eye and explain the circs and ask if they will allow the set aside without contest, under the circs (explain and prove in detail what the Hotel have said). You will need to do that today, I would suggest, or Christmas will foul this up with a delay:

enforcement@parkingeye.co.uk


HTH

nigelbb

Accept the hotel's offer. You have evidence that PE were ordered to cancel the charge so they had no cause to take you to court so are bound to win.

I'm not sure how you could be ' convicted in my absence'. Did you move & not have mail forwarded?

The good news is that the hotel are acknowledging that you have suffered through the actions of their agent & are trying to put it right. Their offer of paying the £255 set aside fee is unprecedented but is an acknowledgment that they screwed up with their employer leaving & your case falling through the cracks. TBH this is such a balls up on the part of the hotel that I would be pressing them to pay for a solicitor to sort it all out for you so you don't have to worry about this at all.

thosethatknow

Thanks for the quick response.

It was issued on the 2nd of August and was sent to my home address.

thosethatknow

I didn't ignore it, I asked for an extension hoping that this whole mess would be sorted between the hotel and Parking Eye before I'd ever have to attend.

Coupon-mad

thosethatknow wrote: »

I didn't ignore it, I asked for an extension hoping that this whole mess would be sorted between the hotel and Parking Eye before I'd ever have to attend.

Yes but then the case was heard and you didn't attend.

Either way, email PE as advised, explaining and proving the Hotel involvement and ask for them not to contest your set aside.

thosethatknow

Probably a bad turn of phrase, I applied for an extension hoping that the claim would be cancelled and that would be it.

The hotel were telling me not to worry, it happens all the time, etc.

Coupon-mad

I know - like I said:

Relying on a third party = big mistake.

thosethatknow

The hotel chains director of operations has asked for my details so he can contact the PE legal team, once my application has been submitted.

That's good, right?

Any advice on creating the application?

pappa_golf

I suspect with the threat of loosing all the hotel chains contracts , PE will not object

however the director of the hotel chain should now listen to your comments that a stupid ANPR system is not fit for ,,,,,,,,,,,,, and has caused this problem , with a sugestion that PE put a body on the ground if they wish to continue with the contract