CCJ - Parking eye help (wrong address)

Dfrancis

Hi All.


I was reviewing my credit report and noticed a CCJ.

I emailed Northampton Court as it was listed with them and it has just come back to me.

This is for a parking eye fine. Initially, this fine was sent to my address. Being honest, I ignored it as I presumed it was not enforceable.


I heard nothing else until I noticed it on report. The judgement has been sent to an address I was at over 4 years ago. The address the car was registered to was up to date with the DVLA and has NEVER been registered to the address the judgement was sent too. I am also on the electoral role at my address.

This seems completely out of hand and unfair. I really do not want to have a CCJ for the next 6 years I did not know about. Not only that, as Northampton took 2.5 weeks to respond, I could not even pay it inside 1 month to remove it as I never knew what it was for.

Any advice?

I have attached the particulars of the claim below:




The particulars of the claim are: CLAIM FOR MONIES OUTSTANDING FROM THE DEFENDANT, AS REGISTERED KEEPER, IN RELATION TO A PARKING CHARGE, ISSUED 07/04/2017, FOR PARKING ON PRIVATE LAND IN BREACH OF THE T+C'S (THE CONTRACT). PARKINGEYE'S ANPR SYSTEM, MONITORING HOLIDAY INN GUILDFORD, EGERTON RD, GUILDFORD, GU2 7XZ, CAPTURED VEHICLE OUXX XXX ENTERING AND LEAVING THE SITE, WITHOUT A VALID PARKING TICKET. THE SIGNAGE, CLEARLY DISPLAYED AT THE ENTRANCE TOAND THROUGHOUT THE SITE, STATES THAT THIS IS PRIVATE LAND, MANAGED BY PARKINGEYE LTD, AND IS A PAID PARKING SITE, ALONG WITH OTHER T+C'S BY WHICH THOSE WHO PARK AGREE TO BE BOUND. IN ACCORDANCE WITH THE T+C'S, THE PARKING CHARGE BECAME PAYABLE. NOTICE HAS BEEN GIVEN UNDER SCH 4 OF THE PROTECTION OF FREEDOMS ACT 2012, MAKING THE KEEPER LIABLE. FAILURE TO UPDATE KEEPER DETAILS WITH THE DVLA RESULTED IN THE RE-ISSUANCE OF CORRESPONDENCE, PERMITTING REDUCED PAYMENT. THIS CLAIM IS IN REFERENCE TO PARKING CHARGE(S)


In regards to the 'failure to update details' they are talking rubbish! The car has always been registered to my address.

Please Help!

pappa_golf

ok look up set aside , there aqre several live cases on view at the moment

however something puzzles me

. Initially, this fine was sent to my address. Being honest, I ignored it as I presumed it was not enforceable.

The address the car was registered to was up to date with the DVLA and has NEVER been registered to the address the judgement was sent too.


was the initial letters from PE sent to the same address as the address on the judgment , if not , have you any relationship with the judgement address?

Dfrancis

Hi Pappa Golf, thanks for replying.

Yes, the initial parking eye fine was sent to my current home address where my car has always been registered.

All legal documents it seems have been sent to another address. I lived at this address for 6 months 4 years ago. However, I never had the car the PCN is attached when I lived at this address, and it has only ever been registered to the address I am at now, where the PCN was sent originally.

Does that help?

pappa_golf

so they have used a tracking company that has failed them , you might like to know that they use (i think its) expedion (might be wrong)m who are like PE a crapita owned company , you need to do a set aside not only on those grounds , but you must also add that if papers were correctly sent , you had a good chance of winning the case

Dfrancis

I am just about to start the N244.

Just as a brief update, I was checking through my details and my drivers licence is still registered at another address ( although not the one the judgement was sent to still). However, as I said, the car is registered at my current address (and was during time of PCN), and I am on the electoral role, council tax bill etc. May this affect the set aside?


In regards to if the set aside is successful. My appeal will be based on the following. Is this likely to be strong enough?

> I have been parking at the hotel for over 8 months as I worked in a role training staff there once a month or so. It has always been free to park.

> On the day of the PCN, the parking eye had been in place for 3 weeks. It was very dark there is no lights on the main signage. The entrance sign is off to the side of the road (to the left) without a light and at a place where you would be following the road to the right. (attached). It is very easy to drive into the car park, park, and walk into the entrance without ever having a sign in front of you. This is especially difficult in the dark. I plan on filming this to show how easy it would be to miss all signage.


> The hotel state that free parking is available if you spend over £10 on facilities. The PCN occurred when attending an awards event that the team I coach on hosted. The cost was substantial and therefore this would qualify me for free parking. I have a copy of the invoice for this. Therefore I would have no reason to simply not pay as it was never going to cost me anything anyway. Also by account of that, I owe no money and surely can refuse the invoice?

Do these grounds seem suitable for appeal?

Thanks for the help. Really appreciate people given up their time to help others.

Arch19

Dfrancis
Can you confirm pe accepted dvla detials they bought were incorrect and allowed you an opportunity to pay the reduced amount??

This was not offered to me so the first heard they sending ccbc letters. I informed them straight away but seem to be pushing to take me to court. Any help appreciated.

waamo

Arch19 wrote: »

Dfrancis
Can you confirm pe accepted dvla detials they bought were incorrect and allowed you an opportunity to pay the reduced amount??

This was not offered to me so the first heard they sending ccbc letters. I informed them straight away but seem to be pushing to take me to court. Any help appreciated.

If there is the possibility of going to court you really need to start your own thread for advice.