PArking CCJ over 10 in a car park

deshulina

Good afternoon everyone,
Thank you for stopping by to read my post.


So this is how it all started , last Friday my partner and I decided to open a joint bank account an error occurred and the lady at the bank said that it was on my said. Confused by her statement I logged on to experian and was shocked on how my credit rating has gone down upon researching I found out i was issued a CCJ.


I called the court and figured out it was Parking eye that had filled the CCJ against me. I rang them up and got to the bottom of the matter:


On the 27th of January I parked at a car park in London, discovered I have no change and no debit card I left the car in the car park with the hazard lights on to find a place to get change from, however was reluctant so returned to the car park after 10 minutes and drove my car off.*

Couple of days after I received a parking ticket for illegally parking at the same car park mentioned above, I challenged the fine explaining the circumstances and got a letter with rejection.*

At the time we were moving house while I was going serious medical issues there forward this completely slip my mind until couple of days ago when i discovered the CCJ because of it.*


( The rejection letter from parking eye was send 15th of February.

(We moved house on the 06th of March.

My license was changed on the 15th of March. (changed to the new address)

The papers of the V5 were send off 15th of April (changed to the new address)

Received on the 3rd of May (with the new address)


However non of this was reflected and all the papers were send to the old address.



I contacted parking eye today the 1st of September and spoke with a very rude lady on the other side of the phone which informed me that there is nothing they can do I need to file a N244 form and pray for the best !


I read that you could email parking eye and ask them if they would be prepared to sign a consent order if I paid the charges in full. However I am struggling to find their legal teams email and to structure this right.



I know there is many people how are going through this and i highly appreciate any assistance, I only want the CCJ set aside. I don't mind paying I just want the CCJ removed.I beg you for any advice and help I will be very grateful .


Thank you !

DoaM

Search this forum for Set Aside ... lots of people in your same situation.

waamo

It looks like you've done some research which is good. If you wish to make an offer do it in your own words. There is no particular legalese you need to use at this stage.

Personally I think if you use your own words rather than a template it looks a bit more sincere and less like advice from an internet site that they despise.

Coupon-mad

Read the NEWBIES sticky, post #2 of it has a whole section and links about set asides.

ParkingEye sometimes agree to a set aside 'with consent' (all explained in the sticky thread).

deshulina

Just a quick update, I have a scan of the initial letter but I'm finding it hard to post it.

waamo

You need to host it on an external site. You can't post links so change http to hxxp in a link to it. A regular will convert it to a live link.

deshulina

Thank you @waamo, will do !
I believe i have grounds to file a case as I was previously worried that I have nothing against them.

This is the letter:
hxxps.dropbox.com/s/vlcvu9ldlvydxjc/Scan_20170907.jpg?dl=0
This is the car park in question :
hxxp.dailymail.co.uk/news/article-2991369/Tiny-car-park-west-London-market-4MILLION

KeithP

Your vehicle reg no appears in the text of that letter you have posted - and on the pictures in that letter.

I would also blot out the precise times on that letter, otherwise your incident is easily identified.
Entry and exit times are both there at least three times each.

deshulina

Thank you very much, much appreciated !

deshulina

Hi guys,
I called the court today and awas adviced to make a payment over the phone of the £255.00 fee and to send my N244 form online.
I have filled in most of the form however struggling with the statement letter.I feel like I need more information but want to word it right. this is what I have so far :


I am XXXX XXXX and I am the Defendant in this matter. This my supporting Statement in support of my application dated XX May 2017 to:
1. Set aside the Default Judgement dated 30th of May 2017 as it was not properly served at my current address and order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
2. Order for the original claim to be heard at a re-hearing.


1. Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in May 2017. I am aware that the Claimant is X, represented by X and that the claim is in respect of an unpaid Penalty Charge Notice from the xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx. I further contest this charge for the reasons outlined in Part 2 of this defence.
1.2. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 25th of August 2017. I understand that this Claim was served at X. However, I moved to a new address at, X on the 06th of March 2016. In support of this I can provide a scanned copy of the vehicle’s V5C log book which shows the details of the registered keeper, a confirmation from X Council showing my updated details for the purposes of paying Council tax and my updated driving licence. All of which attached at Annex X.
1.3. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s correct contact details at the time of the claim. They have used information that was at the time two months out of date.
1.4. According to publicly available information my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.
1.5. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.
1.6. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.


2. Order for the original claim to be heard at a re-hearing
I am aware that the claim is for an unpaid Penalty Charge Notice (PCN). I contend that I am not liable for the parking charge and the grounds for this are laid out below in in further detail, and in summary are:
• Unclear, ambiguous, inadequate and lack of International Parking Community (IPC) compliant signage
• No contractual agreement with the driver
2.1. I was, at the relevant date, the registered keeper of the vehicle in question registration number XXXXXXX. Below is a summary of my version of the events:
2.1.1. I entered the carpark and waited for an other motorist to reverse so I was able to park my vehicle.
2.1.2. The car park had a sign at the entrance which was hard to read from the high of a vehicle so I had to park my vehicle and then walk back to the entrance to read the information at the entrance.
2.1.3. Once I realised that the car park doesn't take notes but only coin and card payment I realised that I have to go back to my vehicle parked at the bottom of the car park ( 7 meters ) from the entrance I've google it to fetch my debit card in order to make a payment.
2.1.4. Upon returning to the car I realised that my debit card was absent so I had to try and find change in order to be able to pay for the amount of time I was planning to leave my vehicle for. Realising that I wasn't able to pay for the parking and unwilling to abuse the car park I got back into my vehicle and drove off as I was unable to pay for my parking.

2.1.5. I subsequently received a Notice to Keeper from the Claimant, alleging that a charge of £100 was due to them. I did send an appeal to the Claimant and appealed the parking charge on the bases stated above. And received the rejection stating that the

(We are writing to advise you that your recent appeal has been unsuccessful and that you
have now reached the end of our internal appeals procedure. Our records confirm that no
parking was purchased on the date of the parking event, despite there being payment
methods available on the day in question. Please be advised )


I am really struggling to work this right, and to write the rest of my statement, could you please have a look and give me so guidance.

deshulina

What I want to mention is that :

1. They have issued the fine but it's not clearly stated for exactly what bases ?!?
2. They have never stated that this is due because of so and so and there is no actual charge !
3. If the matter (which I can only presume about) is that I have parked at the car park for 12 minutes without paying which isn't true as in the matter of 12 minutes I had to walk out to the entrance to read the sings.


My only problem is how do I word it so it seems eligible enough if that makes sense.