CCJ, Addresses, parking eye and more advise needed please

Nanchild

Hi all,

I've had a good gander on the site but couldn't find my exact problem.

Long story short, Got a CCJ from overstaying in Lidl carpark back in 2015. I wasn't the person driving but the person who was did buy stuff in Lidl. I didn't get any correspondence from parking eye and am trying to determine if I updated my details to the DVLA. Can someone advise of my game plan either way? If I can't fight on the grounds that I didn't update DVLA, can I ask for the correspondence to be resent and try and get them on a technicality? What about the fact that it wasn't me that was driving, anything I can do there?

Cheers.

waamo

This problem actually crops up lots. At the top of this forum is a thread that tells Newbies to read it first. Post 2 in that thread goes through the court process.

What you need to do is apply for a set aside. Not receiving any paperwork is one of the most common reasons set asides are granted.

Nanchild

Thanks, Would this still be the case if I hadn't updated the DVLA in time?

waamo

Not updating the V5 is a separate issue entirely. Parking companies are supposed to try to ascertain the are issuing court papers to the correct address.

Nanchild

So either way I should try and have it set aside then?

waamo

I would. Read the Newbies thread thoroughly before you apply. Make sure you understand it first.

DoaM

Nanchild wrote: »

Thanks, Would this still be the case if I hadn't updated the DVLA in time?

Did you or didn't you?

When did you move?
When did the PCN event occur?
When did you notify DVLA of new address?

And ... Did you notify both vehicle and driver licence details to DVLA? (They are separate things and both need to be updated with DVLA).

Nanchild

My girlfriend is currently digging out the paper work for it so can't give exact dates at the moment hence why I need a plan for both outcomes. She thinks that we sold the car and sent the v5 away a couple months after the CCJ was issued. And I have only just update my license, naughty I know.

Nanchild

Hi all,

so it appears that i didnt update the DVLA promptly at all. it was a case of i thought my girlfriend had done it and she thought i had. ive sent a groveling email to ParkingEye with a order attached pleading with them to have it set aside mutually. Surprisingly, i got an email back asking for some amendments and for me to send it back.

i realise that i still have to convince a judge to set it aside, so my angle is that i wasnt the one driving in the first place-the camera pic from ParkingEye shows me relatively clearly in the passenger seat, the drivers face isnt shown but they have a distinctive top on which is also visible on the exit photo, they still have this top. i'm also pushing for lidl to state that we are 'valued customers, and retrospectively wouldn't have pursued the claim against them'-something like that.

do you think this would be enough for a judge to agree to set it aside?

Many thanks

Quentin

Proving you weren't driving is not the issue!


They have pursued you as the keeper (read up on POFA)


And read up on defending in the newbies faq

waamo

If PE are not contesting it that strengthens your hand somewhat. Have they asked for anything in return i.e. for the original ticket to be paid? That's their usual stand.