CCJ from parking Eye Help!!

jo6677

Hi all

We returned from a weekend away to a letter from Equita demanding money and threatening bailiffs. We had absolutely no idea what this was about, initially thinking it was a scam. Anyhow we rang them first thing Monday morning to find out my partner was being chased for a CCJ and bailiff fees. This was a total shock. It turns out it was for overstaying in a car park for 45 mins in April 2017 (a legitimate reason as friend had had a hypo and couldn't be left but as he didn't get a ticket on the car he didn't think twice about it). Anyway, the letter was received from Equita January 19th 2018. The CCJ was applied in August 2017. We received no correspondence from parking Eye. This was because we moved in December 2016 and did not update the V5 document. It was a genuine mistake as it completely slipped our mind due to the property we purchased needing updating and we lived between my parents and sisters house until may/june 2017. My partner payed the fine the following day as Equita said they would let him off the Bailiffs fees if he did.

I'm wondering where we might stand with the CCJ, whether we can apply to get it removed given that we never received any communication. We still don't know which court it was with or have a case number. Of course had we received the letters we would have dealt with it immediately. This is causing my partner a lot of stress. It seems unfair that it can mar your records for 6 years. The time frame between the Parking infringement and the CCJ doesn't seem long either for them to have made several attempts to contact us i.e. Parking infringement April 3rd to CCJ August 20th or am I clutching at straws. Also to note I have contacted parking on 3 occasions to ask for copies of all previous communications to be forwarded to our new address to make sure they followed procedure and they are yet to comply.
Any advice will be greatly appreciated. Thank you!!

Coupon-mad

My partner payed the fine the following day as Equita said they would let him off the Bailiffs fees if he did.

So do a set aside with consent, like on the other similar threads.

Search:

ParkingEye set aside consent order

jo6677

Thank you, Ive been reading quite a lot of the statements for set asides but wasn't sure that we could apply as we had paid. Defiantly worth a try.

Coupon-mad

There was a thread only last week, days ago, about paying £100 court fee and getting a consent order to lift a PE CCJ.

jo6677

Coupon-mad wrote: »

There was a thread only last week, days ago, about paying £100 court fee and getting a consent order to lift a PE CCJ.

Please could you have a quick read of this and tell me if it is ok to request a set aside with consent?

To Parking Eye,

I am writing regarding the above claim number. I received a letter from Equita on ********.
Unfortunately prior to this I had received no other communication so it came as a surprise. After some investigating I found out what this related to, an overstay in a carpark in Stockton-on-Tee’s in April 2017. This was due to a medical emergency as my friend had had a diabetic hypo and could not be left until he had stabilised so I could not leave to top up the meter. We moved house in 2017 and because it required asbestos removal and refurbishment we lived between friends until we moved in, in the early summer. Unfortunately this meant a delay in updating our V5 document, a genuine mistake and therefor I did not get an opportunity to respond to the claim or defend our position. I appreciate however that this was due to my error and as such, as soon as I was aware, I promptly paid the debt off in full. If I had received any of the letters I would have had the opportunity to appeal and I would have paid sooner.

I am therefore kindly requesting that you would please agree to a set aside with consent and have the CCJ removed with the understanding of me bearing the cost. I have also attached a witness statement.

The_Deep

This is precisely why thr HoC are trying put this company out of business, watch this

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP.

jo6677

This was very interesting. They are bas***ds, I contacted them from the outset after overstaying as we have been caught before and as i didnt hear anything thought no more of it.
However when I emailed them this again they replied saying IF i had contacted them the letter would have been handed to the correct person basically saying i was lying.

jo6677

anyone :-) ?

Ralph-y

just be patient ... the forum is busy

Ralph

Coupon-mad

I would have this at the top, not at the end, so you get to the point straight away (but remove the 'kindly' because they have breached the Equality Act by charging for an 'overstay' when the situation was caused by a diabetic hypo - whether they knew it or not, they've broken the law, by way of INDIRECT discrimination):

I am requesting that you would please agree to a set aside with consent and have the CCJ removed with the understanding of me bearing the cost. I have also attached a witness statement.

I assume you have searched & found the other £100 consent case from last week and have seen how to word the Consent Order you want them to sign. If not, search the forum for the obvious keywords 'consent ParkingEye set aside'.

jo6677

Thank you for that suggestion. Interesting point raised about the discrimination. I have a statement from our friend who suffered the hypo. He has in fact had a transplant since that event. Yes I found the consent form, it is tomorrow's project. Am I right in thinking I send the following off to parking eye: consent to set aside request letter, consent form, statement from my friend, a cheque for £100, an SAE. Do I need to send a draft of a witness statement as well?