Yes, another CCJ Parking Eye thread (more interesting than most...)

themilkman

Hi - I've read these Forums many times, and have also had a good look through the Sticky threads, but I feel my situation is slightly unique.

I have only recently been aware of the CCJ that Parking Eye slapped on me in 2013, as I am currently trying to buy a house (which is very difficult).

I never received any letters from Parking Eye now tell me they sent to me, because I had moved address just a few days before the alleged parking incident. It is so long ago I have no idea whether I parked illegally, it isn't the type of thing I'd do but I'll have to assume it happened.

My main grievance is that I was unaware of this and therefore unaware to seek advice or appeal or just even pay the thing without getting a CCJ.

I have been in correspondence with Parking Eye, and I am now aware of the following timeline:

14/11/12 - moved house but did not immediately update my new address with the DVLA
18/11/12 - illegally parked in a Parking Eye car park (according to them)
23/11/12 - first letter sent by Parking Eye (according to them)
04/11/12 - second letter sent by Parking Eye (according to them)
09/01/13 - third letter sent by Parking Eye (according to them)
19/03/13 - I finally got around to changing my address with the DVLA to my new address
04/04/14 - final letter sent by Parking Eye TO MY PREVIOUS ADDRESS (they did not check to see that I had changed address), as confirmed by them in en email to me recently

I do not know what any of these letters contained, and whether they were summons to court etc.

I have the CCJ. There is no point paying their fine, as this won't get me anywhere. My only choice is to try and re-open this case and spend the money doing so - which I am happy to do - my question is purely whether I have a case to say that I never received these letters?

I have a tenancy agreement which proves I didn't live at the address they sent the letters to. Also, they sent the final letter to an address which I was not living at and did not check with the DVLA before sending it, so it is not possible that I was going to receive it.

I wonder whether it is worth keeping the lines of communication open with Parking Eye to see if they tell me what the letters contained.

Any legal eagles out there able to give me an idea on whether I have a case?

Also whether the fact that they sent the final letter to my old address means they didn't satisfy certain conditions in order to get a CCJ against me?

Thank you in advance!

Redx

there was nothing "illegal" in where you parked, wherever that may be , because parking eye do not make the laws nor enforce the laws , it is not a criminal offence and PE cannot say it is or it was

the driver may have contravened some made up rules on parking, therefore may have entered a CIVIL CONTRACT and may be deemed liable if PE have jumped through certain legal hoops

it may well be they can say the KEEPER is liable under POFA2012

its well known that this CCJ sc@m causes issues like yours, which is why TERESA MAY decided to launch an inquiry into it over 3 months ago

I suggest you read the threads and blogs about that inquiry

plus put search words like £255 set aside INTO THE FORUM SEARCH BOX and read about similar cases

and read parking pranksters blog about the class action group that Michael Green set up to fight back, perhaps joining that group

and check the BMPA website for advice too

you may have a good case although the question I would ask (and therefore a judge too) is why there was no redirect on your mail ?

PE are not obliged to check addresses, they can get the DVLA address once , which they say they did , within the POFA2012 timeframe , it is the lack of subsequent adequate checks before court proceedings that is the basis of the class action and the government inquiry

pappa_golf

you now know the importance of updating your docs promptly , I wonder how may speeding tickets and counsil type parking offences you committed between 14/11/12 and 19/03/13?

you could pay and ask for a setaside (£255) , however much of the blame for not recieving info was due to you failing to update the DVLA
or pay for mail fowarding


at the beginning of your post you say CCJ in 2013 , however PE would not have started court action untill 14/28 days from that final letter , and you would have had several weeks to reply to the court , so I suspect your default ccj is actually about july 2014

put buying a house on the back burner untill july 2020 , or pay for a setaside and fight them

themilkman

pappa_golf wrote: »

you now know the importance of updating your docs promptly , I wonder how may speeding tickets and counsil type parking offences you committed between 14/11/12 and 19/03/13?

you could pay and ask for a setaside (£255) , however much of the blame for not recieving info was due to you failing to update the DVLA
or pay for mail fowarding


at the beginning of your post you say CCJ in 2013 , however PE would not have started court action untill 14/28 days from that final letter , and you would have had several weeks to reply to the court , so I suspect your default ccj is actually about july 2014

put buying a house on the back burner untill july 2020 , or pay for a setaside and fight them

Hi Pappa - the answer to your initial question is none! Why would getting one parking ticket mean I was speeding in the months after this? Is there positive correlation between the two?

Also, I did update my DVLA address and they continued to send to my old address.

Finally, the CCJ was actually July 2013, not sure how you got to July 2014. The alleged offence was 2012 so although it takes them 14/28 days, it didn't take them 2 years.

Think I'll go for the set-aside and hope you're not the judge.

themilkman

Redx wrote: »

there was nothing "illegal" in where you parked, wherever that may be , because parking eye do not make the laws nor enforce the laws , it is not a criminal offence and PE cannot say it is or it was

the driver may have contravened some made up rules on parking, therefore may have entered a CIVIL CONTRACT and may be deemed liable if PE have jumped through certain legal hoops

it may well be they can say the KEEPER is liable under POFA2012

its well known that this CCJ sc@m causes issues like yours, which is why TERESA MAY decided to launch an inquiry into it over 3 months ago

I suggest you read the threads and blogs about that inquiry

plus put search words like £255 set aside INTO THE FORUM SEARCH BOX and read about similar cases

and read parking pranksters blog about the class action group that Michael Green set up to fight back, perhaps joining that group

and check the BMPA website for advice too

you may have a good case although the question I would ask (and therefore a judge too) is why there was no redirect on your mail ?

PE are not obliged to check addresses, they can get the DVLA address once , which they say they did , within the POFA2012 timeframe , it is the lack of subsequent adequate checks before court proceedings that is the basis of the class action and the government inquiry

Hi Redx, thanks for this, really helpful. I've done some reading around it and I think I'd be able to get this set-aside no problem - I then have to think whether I'd pay this scum any money or try and take them on, probably the latter.

pappa_golf

themilkman wrote: »

Hi Pappa - the answer to your initial question is none! Why would getting one parking ticket mean I was speeding in the months after this? Is there positive correlation between the two?

Also, I did update my DVLA address and they continued to send to my old address.

Finally, the CCJ was actually July 2013, not sure how you got to July 2014. The alleged offence was 2012 so although it takes them 14/28 days, it didn't take them 2 years.

Think I'll go for the set-aside and hope you're not the judge.

under the currant law , the parking Co are only able to access the DVLA database once , and once only , in the case of PE this would have been within 14 days of the offence , several cases of set asides not being allowed due to not bothering to set up mail fowarding , so don,t think of this as a walk in the park

good luck

themilkman

pappa_golf wrote: »

under the currant law , the parking Co are only able to access the DVLA database once , and once only , in the case of PE this would have been within 14 days of the offence , several cases of set asides not being allowed due to not bothering to set up mail fowarding , so don,t think of this as a walk in the park

good luck

OK thanks for that, I didn't realise that and I just suppose it's another bonkers law that doesn't take logic into consideration.

PE claim to have sent me a letter only 9 days after I moved house (5 days after the event) - which although it's good to change address details as quickly as possible, those timeframes are quite unlikely when you are moving houses/jobs etc. I will keep doing my research and I hope to be the next Mr H.

Redx

themilkman wrote: »

OK thanks for that, I didn't realise that and I just suppose it's another bonkers law that doesn't take logic into consideration.

.

this was why Teresa May set up the recent inquiry after pressure by the press and some MP,s etc

the point is that there should be a system in place that makes people like PE do up to date further checks prior to a court claim, which the MCOL system does not require at the moment

ie:- its an abuse of the MCOL system that leads to default CCJ,s such as yours , perhaps you should make them aware of this problem first hand once you know which MP is dealing with it

pappa golf and beamer guy have mentioned this numerous times, plus parking prankster too

the laws surrounding DVLA KADOE access just the once are not the same as wanting or requiring a further check to be made prior to any court claim , plus the MCOL system is not set up just to deal with parking issues, its there for other claims but has been sidetracked into being the bully boy for the parking industry , which is a recent development compared to the small claims system which was set up in 1973 , so forty four years ago , which predates electronic access and was the "paper age"

pappa_golf

themilkman wrote: »

OK thanks for that, I didn't realise that and I just suppose it's another bonkers law that doesn't take logic into consideration.

PE claim to have sent me a letter only 9 days after I moved house (5 days after the event) - which although it's good to change address details as quickly as possible, those timeframes are quite unlikely when you are moving houses/jobs etc. I will keep doing my research and I hope to be the next Mr H.

in a state of trying to look good to the voters "maggie may" promised to do something and do it quickly , september last year http://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

this was shortly after the MOJ had increased the setaside cost to £255 ,, ker chung , are they bothered , not whist all those £255 are rolling in


in the eyes of the law , PE have done no wrong , they have sent court papers to the last known address , backed up by the KADOE/DVLA rules that state info can only be obtained once

so its the law that stinks , and needs changing

Redx

agreed , it used to be £155 (I think) so had the OP known about this a year or more ago they could have paid £155 instead of £255 (I think)

it was also noted on here recently that a great deal of current civil court cases were set asides

nigelbb

themilkman wrote: »

OK thanks for that, I didn't realise that and I just suppose it's another bonkers law that doesn't take logic into consideration.

PE claim to have sent me a letter only 9 days after I moved house (5 days after the event) - which although it's good to change address details as quickly as possible, those timeframes are quite unlikely when you are moving houses/jobs etc. I will keep doing my research and I hope to be the next Mr H.

A prudent person would set up postal redirection for at least a year (£62.99) to pick up not only parking charges & speeding tickets but Xmas cards from friends & relatives & all the other people who you forget to update with your new address (or they forget to update).