CCJ - please help

yorky11

Hi all
Seeking urgent help getting a CCJ set aside.
Following a credit check as part of the tenant referencing process, I found a CCJ against my file from Parking Eye Ltd on 03 January 2019.
Following investigations with the court and a little correspondence with Parking Eye Ltd., I found this to be for an alleged parking incident in April 2018, with the CCJ applied by default in October 2018.

Some detail for context and the story so far…

ADDRESS MOVES
• Address 1 (mum’s address, though they moved mid-2017)
• Address 2 (rental where I lived Feb 2017 – March 2018)
• Address 3 (rental where I lived March 2018 – September 2018)
• Address 4 (Dad’s address, lived here throughout)
The registered address of my car was address 1 which I didn’t update until December 2018 to address 4. Complete oversight on my part, as I thought it was registered at my Dad’s throughout (alongside my driver’s license). The CCJ was applied against address 2 – no idea why. Council tax, bank accounts etc. documents were always kept up to date.
Because of all of these moves I never received any notification of the parking charge nor court summons.

PARTICULARS OF CLAIM
The Particulars of Claim state the CCJ is “in relation to a parking charge issued ##DATE## for parking on private land in breach of the T+C’s (The Contract).” I know for sure I was not at the address on this date, but may have been a few days before. Can this help?
I have also been in contact with the site owners who I have requested cancel the fine. I haven’t heard back yet – they had to contact Parking Eye first – but remain hopeful.

CONTACT WITH PARKING EYE
Following finding the CCJ on my credit report I sent an email to Parking Eye requesting detail of what the CCJ was for, including photographic evidence. They replied within 24 hours with a Parking Charge number and stated 4 letters were sent to an address provided by DVLA (assume address 1) and a further letter sent to an address provided by a credit agency (I can see no such check on my credit report across any of the credit agencies, must be address 2), and requested I pay the £197 debt.
I replied again requesting details of the alleged offence, including photographs of entry / exit, and copies of the letters sent so I could build a timeline of events. They again replied within 24 hours stating they would be unable to accept an appeal, the debt remains outstanding, and the parking charge has been passed on to Equita and all communications should be sent to them.
Because the CCJ has impacted me a huge amount (unable to get new tenancy agreement, had to tell work as I am a consultant which requires background checks each time I move project – now unable to change projects and will put my job at risk if it stays on file), I decided the best way forward would be for Parking Eye to consent the set aside. I therefore replied with an offer outlined below:
1. Parking Eye to agree to consent to set aside
2. Myself to pay outstanding debt but with no liability for the charge as PE have not provided any evidence of the alleged offence, I have not received any of the communications in relation to the alleged offence, and I was not at the address where the alleged offence occurred on the date shown on the Particulars of Claim
3. Recognition that I have acted quickly as soon as I have become aware of the alleged offence
I attached a draft Tomlin order to the email which they could sign and return. This was sent 12 days ago and I’ve not heard a thing. The 10 working days response time they have on their automatic replies will be up on Wednesday afternoon.
I thought they’d jump at this as they get their money (I know, poor form from me but I need to get this removed per above) with no risk or cost of going to court but I am getting very very worried as no response yet.

NEXT STEPS
If I have not heard back by the end of Wednesday what does the forum suggest I do as next steps? Should I continue to follow up and hope for a response or submit the N244 as soon possible? I have seen a few times on the forum that courts like to see this submitted within 28 days of finding the CCJ so I’ve only 10 days remaining…. But also very keen for the consent route to ensure this the set aside is successful. Also why won’t they send me the evidence relating to the alleged offence?
If it does go to court do people generally employ a solicitor?

Genuinely cannot believe how much a parking ticket can impact your life. Any help in getting this set aside will be very much appreciated.

Thanks all in advance.

nosferatu1001

You found out about the CCJ on the 3rd Jan?

Then you may already be too late.

Credit checks - address checks dont leave trails, so you will be unaware theyve used them.

You will pay it but take no liabioltiy? What on earth does tjhat even mean?
I would personally call them, today, and get hold of them if you are truly wanting to get a set aside WITH consent

Its not 28 days. Its "fast". 21 days can be too slow.
If you have never been associated with that address, then you have a VERY good chance of a set aside WITHOUT consent AND of course tehn costign them £255.

yorky11

How do you call them? I only seem to get through to an automated number? Any direct phone numbers would be great.

waamo

Email them use enforcement@ as the prefix.

yorky11

That's what I've been using for contact so far, but no response in the last 12 days despite a couple of chaser emails. Not sure if they are considering the negotiation or flat out ignoring me!

waamo

They've been ignoring a few people recently. PE have changed hands and the new owners are doing things differently from the looks of things.

Coupon-mad

I'd say as long as you get on with a set aside - without consent, £255 fee unless you qualify for help with court fees as many people do - by next week (still in January) you are not too late.

That's pretty quick, and the 3 weeks can be explained by fruitless attempts to contact PE to do a set aside with consent. So crack on; one or the other.

The_Deep

The whole industry is a scam, relying on threats of court, and public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

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.