Parking Eye Appeal - N244 has been sent off.

tar101

Hi All,

I have recently been made aware of a CCJ on my credit file from parking on the DW Gym carpark so i could attend a medical....inside the DW Gym. The gym has free parking for anyone using the facilities.

On arrival i was asked if i had was in a car after i answered yes the receptionist took my car registration. (Not sure what the receptionist did with it)

I received a fine through the door which i went straight onto the parking eye website and appealed...showing my appointment letter showing that exact date and time on etc...stating i handed my reg in as instructed which was rejected!! with not much detail as to why they rejected the appeal

The same day of appealing i also rang DW and said i have received a fine, they sent the email off to parking eye with my reference number and said CLEAR THIS FINE - MEMBER OF FACILITY. After this i moved house. this was the first and last letter i received from parking eye.

This was ignored by parking eye and i ended up with a ccj i had no knowledge about.

(stupid to appeal as well as call DW, i know!)

i have paid £255 and gathered all this information, the above email from DW reception, email from the doctor saying i was in the building at this date and time etc, letters even from the salon in the DW gym explaining that parking is free if you are using a facility in the gym etc. The only thing i haven't give evidence for was moving out in may which i am now regretting...should i try to add this evidence to my case? its been 4 weeks today since i sent all this off.

i also called the county court business center and asked for more information around the CCJ, to see what parking eye has give to them and they have put the wrong date down (24th) rather than the 18th.. they also sent the County court judgement in September (i moved out in May), never received.

I asked for this to be done WITHOUT an hearing as i can literally have no time off work to do this until January.

The letter i sent to the judge;

Dear Sir/Madam

I the defendant XXXX am writing to request that the CCJ made against myself is removed due to the following circumstances. The car parking ticket in question was initially wrongly issued by Parking Eye.

On 1X/0X/17 at 9:X5am, I attended the medical centre at DW Gym fitness centre, (please see evidence attached of my scheduled appointment). I performed all actions required of myself by providing the DW staff at reception with my car registration therefore, this is clearly not a mistake made on my behalf. In addition to this, I also have evidence provided by the doctor showing that I was in the building on 1X/0X/17 at 9:X5am and confirming that parking is free when you are utilizing the facilities (please see attached).

I informed DW when I initially received the fine on the 01/0X/2017. DW then provided Parking Eye with a reference number which would essentially abolish the fine in question. The evidence provided to Parking Eye, by DW, clearly demonstrated that the fine was incorrectly issued, as I had not breached any of the proposed conditions.

I have personally contacted the court requiring further information on this matter. Mrs S Begum-Mukim based at the County Court business center has provided me with the notes surrounding the CCJ where the date is inaccurately documented showing the X4/0X/17 rather than the 1X/02/17. I believe this clearly shows a further failure in communication and displays how the chain of events have manifested over again, false information. Mrs S Begurn Mukim also explained that the county court judgement letter was sent to my previous address in September 2017. I moved out from that address in May 2017.

It has only recently come to my awareness that there is a CCJ against myself as to the best of my knowledge, this matter was settled. I may have missed warnings (if any), which outlined and addressed the potential CCJ due to a move in address. The CCJ has clearly been issued due to a communication error from Parking Eye, who failed to acknowledge the email from DW. I am requesting the unfair CCJ is set aside.

I have also gathered a little more than needed information from the salon in the facilities in regards to the parking situation. I ask you to please look at the evidence and see that this CCJ is utterly excessive.

I apologise for the inconvenience and hope all the above can be considered.

Yours faithfully,

XXXXX


Will the judge accept this? also should i try to get my evidence of me moving address onto this case? or is this enough?

Coupon-mad

The only thing i haven't give evidence for was moving out in may which i am now regretting...should i try to add this evidence to my case? its been 4 weeks today since i sent all this off.

should i try to get my evidence of me moving address onto this case? or is this enough?

I would send that evidence as well, and ask that it be added to the papers and include a draft order, that your £255 be refunded by ParkingEye if they discontinue or do not proceed with the claim, after the SSJ is set aside.

Search the forum for set aside draft order discontinue £255

tar101

Weirdly enough, i got home to a court date today. not sure why as i said Without a hearing. They have given me 20 minutes for the hearing.

Im going to try to get myself out of work and down to the court somehow.

What can i expect? Will somebody from parking eye be there? what will they have against me? etc

Although it would be nice to have the £255 back, i just want this CCJ off my file and forgotten about, im just bothered that if i start asking for money back etc parking eye will take it further and try there best to keep it on.

Thanks

Coupon-mad

Oh good - TBH you do need a quick hearing for a set aside, IMHO.

No-one from PE will be there, and I doubt they will allocate a rep for a 20 min set aside hearing that you are likely to win. If they do, stick to your facts.

The good thing is, you can take all your proof with you that you wanted to add.

KeithP

tar101 wrote: »

What can i expect?

At a general level, this video will help you understand what to expect:

https://www.youtube.com/watch?v=n93eoaxhzpU

tar101

Thanks everyone,

hoping parking eye stay away then, so if they dont turn up, what evidence does the judge see from parking eye? just the notes they gave to the court when issuing a CCJ against me? which is below....which even has the incorrect date on? ...

CLAIM FOR MONIES OUTSTANDING FROM THE DEFENDANT, IN RELATION TO A PARKING CHARGE, ISSUED 2X/X2/20X7, FOR PARKING ON PRIVATE LAND IN BREACH OF THE TERMS AND CONDITIONS (THE CONTRACT). PARKINGEYE'S AUTOMATED NUMBERPLATE RECOGNITION SYSTEM, MONITORING DW SPORTS WIXAX PAY AND DISPLAY, STADIUM WAY, WIXAX, LANCASHIRE, WNX 0XN, CAPTURED VEHICLE CLXXUXA ENTERING AND LEAVING THE CAR PARK, PARKING WITHOUT PURCHASING A VALID PAID PARKING TICKET. THE SIGNAGE, WHICH IS CLEARLYDISPLAYED AT THE ENTRANCE AND THROUGHOUT THE SITE, STATES THIS IS PRIVATE LAND, IS MANAGEDBY PARKINGEYE, AND IS A PAID PARKING SITE, ALONG WITH OTHER T+C'S BY WHICH THOSE WHO PARK ON SITE AGREE TO BE BOUND. IN ACCORDANCEWITH THE T+C'S SET OUT IN THE SIGNAGE, THE PARKING CHARGE BECAME PAYABLE.THIS CLAIM IS IN REFERENCE TO PARKING CHARGE(S) XXXXXX/XXXXXX

Coupon-mad

Yes that's all.

So you need to convince the Judge of 2 things:

1. That you did not receive the claim form and had no opportunity to defend.

2. That you have reasonable prospects of successfully defending it (be very careful here, this is ParkingEye and some Judges might think you have no hope, due to the Beavis case. Read it and know how your case differs in facts, in case you get a Judge who thinks all PE PCNs are like the one in Beavis and have no chance of defence (that's wrong, but you mustn't be complacent on that point because Beavis is a Supreme Court decision a Judge MUST consider).

and hopefully a third thing:

3. That PE should be ordered to refund your £255 fee, or that those costs and your expenses for attending the hearing (travel, time off work, parking) be 'reserved' and payable by the Claimant if they discontinue, fail to proceed, or lose the claim.

tar101

Thanks coupon mad! Will defiantly have a read up on beavis.

Say i was to win and i ordered for the £255 refund and the judge accepts.. is this now over and they have to refund me?

Or could they refuse and literally have me back in court going through the whole process again?

I just dont want to end up with the CCJ still there over 255

Coupon-mad

Say i was to win and i ordered for the £255 refund and the judge accepts.. is this now over and they have to refund me?

No. If the Judge orders the to pay the £255 this early it would be rare, because this stage only sets aside the CCJ.

The case is then free to continue, hence why I say they are more likely to reserve your costs - but YOU MUST ASK at the set aside hearing, if he Judge agrees to the set aside, ask for your costs to be refunded, or reserved.

There is a chance the Judge might not agree to the set aside, which would be the worst case scenario - you out of pocket by £255 and no set aside of the CCJ.

That's why you need to be completely au fait with the ParkingEye v Beavis case and how it differs in facts, from your own case, and how PE have no 'legitimate interest' in obtaining this charge from you, or how there was no agreed contract (maybe if it was too dark to see signs, or the car was only there minutes - not parked - or a tariff was paid all along, etc.).

What was the situation in your case? What sort of car park, what contravention?

tar101

This was a car park what was monitored by parking eye and has a pay and display on the DW Gym.

I was parked on there for 14 minutes whilst i had a medical in the DW Gym.

The car park is completely FREE if you are using the gym facilities such as the medical centre, the hairdressers, the cafe, the shop, the gym. i did everything as intersectednstructed, handed my reg in behind reception on arrival..all this should of been over at this point.

NeilCr

Who owns the car park?

Is it used by people other than gym users?

It sounds a bit like ours where we can park free with a permit displayed - which you get from the gym.

But the car park, itself, is council owned.