civil enforcement parking

simpywimpy

I parked for approx. 10mins on a pay and display without a ticket as there was a market on it that day. My husband is diabetic and needed something to eat so I pulled in.

We received a notice which I appealed with them by email on the above basis. I didn't get a response and presumed that was an end/forgot about it. I even offered to pay for the 10 mins I was there.

This was over a year ago and on checking my file randomly saw a CCJ had been issued for £364 by them. They were less than helpful but I had to pay as it was just 3 days short of the 30 day limit for it to drop off your file.

What happened was I moved addresses. As I had emailed them, I expected an email response in return which I didn't get. They continued to write to my old address and issued proceedings etc which I didn't receive.

Does anyone think I would have a chance with a POPLA appeal at this late stage?

Fruitcake

You are a year too late for PoPLA. The only chance of getting this reversed now is to apply for a set aside on the grounds that you didn't receive the court claim, then fighting the original PCN in court. This will cost you £255 or thereabouts, but you will get it back if you win the new court case.
You would have to ensure you have a good chance of winning in order to be able to get a set aside granted.

It's a shame you didn't come here last year as this could have been killed with a two stage appeal before it got to court, but not using the arguments you used in you initial appeal.

Whatever you do, please complain to your MP and Sir Greg Knight MP about this unregulated scam.

These are some of the comments made by the MPs in Parliament concerning the unregulated parking industry (Feb 2018):

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

''Rip-offs from car park Cowboys must stop''; unfair treatment; signage deliberately confusing to ensure a PCN is issued; ''years of abuse by rogue parking companies''; bloodsuckers; ''the current system of regulation is hopeless, like putting Dracula in charge of the blood-bank''; extortionate fines; rogue operators; ''sense of injustice''; unfair charges and notices; wilfully misleading; signage is a deliberate act to deceive or mislead; ''confusing signs are often deliberate, to trap innocent drivers''; unreasonable; a curse; harassing; operating in a disgusting way; appeals service is no guarantee of a fair hearing; loathed; outrageous scam; dodgy practice; outrageous abuse; unscrupulous practices; ''the British Parking Association is as much use as a multi-storey car park in the Gobi desert''; and finally, by way of unanimous conclusion: ''we need to crack down on these rogue companies. They are an absolute disgrace to this country. Ordinary motorists and ordinary residents should not have to put up with this''.

These are the exact words used, so you should quote them to your MP in a complaint and ask him/her to contact Sir Greg Knight MP if he wants further information about this scam.

Umkomaas

What happened was I moved addresses.

Have you since then updated the DVLA with your new address? You have to send two separate notifications, one for your driver's licence and one for your V5C (logbook). If you don't notify, there's a £1,000 fine looming, to add to your £364.

As I had emailed them, I expected an email response in return which I didn't get. They continued to write to my old address and issued proceedings etc which I didn't receive.

If their appeals process required the keeper to provide a name and postal address for service, many parking companies terminate communication on the basis that the keeper did not follow the appeal requirements, teeing you up perfectly for what has now happened - a default judgment against you.

In terms of a set-aside, you have to act quickly, once you are aware of the default judgment. Depending on how long before the parking incident you changed address, court papers going to a former address is one where set-asides are often granted, and you might have the prospect of a set-aside. However, you having paid the judgment might cause some difficulty (but you'll need someone more informed on this than me to comment more authoritatively on this).

The one point to make is that where a set-aside is requested, CEL do not challenge it, nor do they issue a subsequent second claim for the original parking incident, even when encouraged by the Judge.

But it's a gamble for you. You've paid £364, do you write it down to experience and move on, or do you risk a further £255 which, if the set-aside is not granted, you don't get it back?

But I think you having already paid the judgment might be the fly in the ointment here - so await further advice on this.

simpywimpy

I was faced with making a decision to either pay the set aside fee and risk having the judgment stay on my file with satisfied if I lost or paying the full amount and having it removed completely. Because I noticed the CCJ on my file just 4 days before the 30 day limit I decided not to gamble as the clean credit file is essential for me.

Looks like I will have to chalk it down to experience.

Umkomaas

Because I noticed the CCJ on my file just 4 days before the 30 day limit I decided not to gamble as the clean credit file is essential for me.

It's the very business model that CEL adopt. They use the courts and default CCJs as their debt collection procedure. And much cheaper than using a DCA like Debt Recovery Plus - £25 court filing fee vs £60 DRP fee.