Surprise CCJ (ParkingEye)

FinleyBob

Hi all,

Yet another surprise CCJ story here.

I looked at my credit report for the first time in ages at the start of this year to find that I have a CCJ against my name relating to a fine of £197. Having spoken with CCBC I discovered that this was due to a Parking Penalty raised by ParkingEye on 24/04/2017. Obviously, this was the first time I was aware of the parking infringement but quite quickly assumed this was because all correspondence had been sent to my previous address (most likely because I was late in updating my V5 with DVLA - bad, I know!).

Much like many of the other posters in this forum, I'm very worried about the long term impact on my credit rating so I'm looking to set aside the CCJ. And so here I am, looking for guidance and advice as I attempt to set aside this CCJ!

I have been reading the newbie posts and some of the success stories to understand the process of getting a CCJ set aside, but am a little overwhelmed by the volume of information on offer.

A little added context:
The parking incident itself
- The penalty refers to a 1 hour stay at a hotel (Holiday Inn Guildford) near my workplace, which is frequently used for corporate events by my employer - a few every month. In this case I was attending one of these corporate events. It's so long ago now I can't remember why I wouldn't have bought a ticket, I'm guessing there was an assumption that complimentary parking was provided those attending the event?

Why were Parking Eye unable to trace me?
- So I was one of those naughty people that didn't update the DVLA in a timely manner following a house move. As such, the address on my V5 was incorrect at the time of the parking infringement.
- Around September time of the same year, however, I received a letter at my new address from a Debt Collector regarding an outstanding Vehicle Tax payment. So in this case the claimant, DVLA, was able to track me down. Following this I updated my V5 and have kept on top of it since, with another house move occurring at the start of last year. It was approx. 6 months between the parking infringement occurring and my address being updated with DVLA - does all correspondence for such parking matters typically occur within 6 months? If not, should Parking Eye have been made aware of my new address?

What have I done so far?
- Spoke with the Holiday Inn to challenge the parking fine/complain given the frequency of our business with them. They, as expected, explained that the fine is now at the CCJ stage it cannot be cancelled by them or Parking Eye. I am still in talks with them to establish whether they would have otherwise cancelled the parking fine if this were caught sooner.
- Viewed the evidence on the Parking Eye portal which includes my car reg, the date and time, the cost and 2 photos which now simply show "Image note found".

At this stage, my biggest concern is rescuing my credit rating, even if I have to pay the setting aside fee and/or the parking fine.

As such my questions, right now, are:
1. What should I do first? Send a SAR to ParkingEye or fill out the N244 form first?
2. Should I continue my talks with Holiday Inn to understand whether they would have otherwise cancelled the fine?
3. With regards to the set aside process, I'm under the assumption that there 2 possible "successful" outcomes - either the CCJ is wiped entirely along with the parking fine or the CCJ is set aside and Parking Eye raise the PCN again but now to the correct address, at whihc point I could pay or challenge? Is that correct?

Many thanks for any help in advance!

Le_Kirk

Now that you know about the CCJ, you should apply for a set aside in a timely manner, courts do not like it if you prevaricate.

Coupon-mad

The penalty refers to a 1 hour stay at a hotel (Holiday Inn Guildford) near my workplace, which is frequently used for corporate events by my employer - a few every month. In this case I was attending one of these corporate events. It's so long ago now I can't remember why I wouldn't have bought a ticket, I'm guessing there was an assumption that complimentary parking was provided those attending the event?

Is it a pay & display car park then? Or one where you just give your VRN at reception for free parking, and Holiday Inn failed to upload it to PE?

As such my questions, right now, are:
1. What should I do first? Send a SAR to ParkingEye or fill out the N244 form first?

First, research the 2 types of set aside, as there is the 'with consent' (£100 court fee plus pay PE off in full) version and PE do that usually, if asked.

If it were me I'd pay the £255 to get it set aside then defend it, but that's just me and I enjoy helping Defendants beat baseless scam claims from bullyboys.

2. Should I continue my talks with Holiday Inn to understand whether they would have otherwise cancelled the fine?

No, we know they could have done, had you asked. It doesn't much help your situation now.

3. With regards to the set aside process, I'm under the assumption that there 2 possible "successful" outcomes - either the CCJ is wiped entirely along with the parking fine or the CCJ is set aside and Parking Eye raise the PCN again but now to the correct address, at which point I could pay or challenge? Is that correct?

Yes, or the third (very rare) outcome that a Judge refuses to set it aside...Almost unheard of on this forum, I can remember only one refused case in about 3 years.

FinleyBob

Coupon-mad wrote: »

Is it a pay & display car park then? Or one where you just give your VRN at reception for free parking, and Holiday Inn failed to upload it to PE?

Having reviewed with my employer it sounds like the VRN gets provided at reception. This would have been the step that I missed, however I recall entering the reception and asking for directions to the corporate event and I was not prompted for VRN then.

Coupon-mad wrote: »

First, research the 2 types of set aside, as there is the 'with consent' (£100 court fee plus pay PE off in full) version and PE do that usually, if asked.

If it were me I'd pay the £255 to get it set aside then defend it, but that's just me and I enjoy helping Defendants beat baseless scam claims from bullyboys.

Having spoken with my employer I now know that complimentary parking was indeed provided on the day. As such I'll be going down the £255 route to challenge the claim. Should I now send a SAR to Parking Eye while completing my N244 form in parallel? Also, does the fact that I forgot to provide my VRN at the time hamper my case?

Le_Kirk wrote: »

Now that you know about the CCJ, you should apply for a set aside in a timely manner, courts do not like it if you prevaricate.

I will be completing my N244 application today, are there any templates I should look to use for completing the application?

Many thanks for your help both.

Le_Kirk

I will be completing my N244 application today, are there any templates I should look to use for completing the application?

Search the Forum for Set Aside 6-point order and adapt one of those.


I found one by StanString, search for the post by user name, read and learn from it but do not just blindly copy it, you must adapt for your own particular circumstances.

Go here for the form and guidance notes.

FinleyBob

Le_Kirk wrote: »

Search the Forum for Set Aside 6-point order and adapt one of those.


I found one by StanString, search for the post by user name, read and learn from it but do not just blindly copy it, you must adapt for your own particular circumstances.

StanString's thread is very useful, I'll make use of that. I can see that post #16 in that thread coupon-mad suggests completing a SAR to Parking Eye first to understand what information they have, before completing a N244. I presume this is because StanString was unsure whether they had a defence? In my case, I believe I do have a defence (confirmed complimentary parking for corporate event attendees and wasn't prompted by receptionist to provide VRN) so is there any need for a SAR?

Redx

I would ALWAYS do the SAR, just so you get all their data on you, no question about it, even if its not useful at this moment in time

Umkomaas

You need to get your set aside application in pronto. PE have a whole month to respond to the SAR. Judges like set aside applications to be made swiftly once the CCJ is discovered; I wouldn't risk taking a chance on a Judge's view of a 1-month delay.

The_Deep

They have wasted your time, waste theirs, get your MP on board.

It is the will of Parliament that these scammers be put out of business.

Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

FinleyBob

Will send the SAR now - should I wait for a response from this before then sending off the N244?

My drafted SAR message:

---

Dear Sir/Madam,

In reference to the above parking charge notice I request the following information so that I may assess my options for getting the corresponding CCJ set aside:

• All photos taken at the time of the event
• A close up of the signs on the day in question
• Evidence that a debt collector has been paid
• Clarification whether £60 has been added to the PCN
• All letters sent regarding this PCN
• All data held on this PCN, including data relating to the VRN and driver.
• All evidence that will be relied upon
• A full copy of the PCN, NTK
• A list of all PCNs you consider are outstanding against me and/or this VRN

I would also like to take this opportunity to update my address on your system, it is now:

XXXXXX

Could I kindly request that any other addresses associated with me are erased.

Regards,
XXXX

---

Anything I've missed?

Redx

FinleyBob wrote: »

Will send the SAR now - should I wait for a response from this before then sending off the N244?

read post #8 again , time is of the essence here