Help - parking eye ccj dismissed

addim

First time posting here and I am seeking some advice.

On July 1st 2016 I overstayed in a car park for 11 minutes.

I was unaware of this at the time and all correspondence from Parking Eye was sent to the address where the car was registered, my parents'. I never received these letters as I was staying with my girlfriend and, having been a student for 3 years, my Mum bins any post addressed to me as it is usually junk.

After performing a credit check in July 2017, I became aware that Parking Eye had issued a CCJ in November 2016.

I completed the N244 form and paid £255 to get the CCJ set aside.

I have appeared in court today and the District Judge has dismissed the application on the grounds that I did not live at the address the vehicle was registered and I can't blame my mother for binning my post.

I don't disagree with the District Judge, as I was naive to not register the car at the address I was temporarily living and I should have told my Mum to forward all my post rather than bin it. Although, I do feel it is terribly unfair.

I still have the £197 to pay to settle the CCJ and then the claim will be marked as satisfied,

QUESTION TIME!

I understand I have 6 years of terrible credit to look forward to. However, did this begin in November 2016 when the judgement was issued or will the 6 years begin when I settle the claim?

Also, does any one have any advice? Is there anything more I can do!?

Thanks!

Coupon-mad

That was £255 down the toilet.

IMHO, you could have won that case and had the CCJ set aside, IMHO, had you come here first and prepared for this better. You could have shown that this was through no fault of yours, and that the onus lay with the claimant to trace you, as the Government and the Courts Service has already said (and preparations are in hand to require claimants to do more to find Defendants to avoid such unfair CCJs). Sounds like lack of preparation, this was do-able!

Eleven minutes overstay' is an 'outrageous scam' (Hansard) and would have been easy to win at POPLA and defendable in court, too. Absolute shame for you.

Email ParkingEye:

enforcement@parkingeye.co.uk

... and ask if they will consent to the CCJ being set aside, if you pay them in full. Find a Consent Order in another thread, by searching 'ParkingEye consent CCJ'.

If PE say yes, choose a different court area to put this new Consent Set Aside application through, £100 court fee, a COMPLETELY different County/area so you avoid the same Judge being the one to sign it off. Does Mum live in a completely different county? Lodge it at that area using her address this time and explain the paperwork was thrown away unbeknown to you when away as a student (which is true).