CCJ from Parking Eye Please Help

simia2019

Hi All,
So I'm pretty nervous as I type this, my mum asked me to check her credit scoring online so i did and realised she's got a CCJ since october 2018 this was a shock as no letters were ever sent to us regarding this.

I paid trust online and got details of the CCJ and called called county court business centre where I learnt that this is for a car park fine dated may 2018 for parking at leisure court as the parking is only available for customers.

We never received any letters from parking eye except one that threatened to be taken to court to which I responded online stating that I was in fact a customer there and even sent a proof of my receipt.

I never heard from them after, so I was under the impression that its all been cleared, only to find out online while checking the credit score that she has a CCJ ( I was driving the car thats registered under her name)

I feel very guilty and I'm not sure what to do as it wasn't even her driving, but also because I was actually a customer there so the fine was wrong to begin with.

I'm not quite sure what to do? Can anyone please help me?

Le_Kirk

You will now (well your Mum with your help) have to apply for a set aside. Check this link and scroll right to the bottom where it explains the process.

You will see this at the bottom of post # 2.

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

Here's how - DO NOT ring the parking firm up...and do not just pay them:

The_Deep

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

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 Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 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.

Umkomaas

How is it that you had no correspondence on this before the court hearing? Is the vehicle registered to your current address? Please check (don't guess) the vehicle's V5C (logbook). Is a former address involved?

Unless there is a very similar reason for non-receipt, a set aside will cost you £255 - and is likely to be rejected, with your £255 lost and the CCJ still in place.

simia2019

Le_Kirk, Thank you so much have been reading up on the post and building my appeal email,
just wanted to confirm one thing,

Do I say on my mums behalf that she wasn't driving and they should provide a proof of who the driver was?
Or do I provide the receipt of being a customer at the place and leaving well within my time therefore making the claim invalid.

Sorry very new to this so wanted to make sure I've included the right information in the form.

Really appreciate the help

peter_the_piper

You never answered post 4 regarding where the vehicle was registered at the time of the so called ""Offence""

Coupon-mad

have been reading up on the post and building my appeal email,

Eh? your Mum is not doing any 'appeal email'. Far too late to appeal, this is not LBC stage, this is post CCJ and needs a set aside so it can be properly defended, the CCJ set aside and the entire scam charge seen off for good.

FIRST: Check if your Mum qualifies on income grounds to avoid paying the £255 court fee. Many people qualify and you can apply online (in her name not yours, for all of this!).

just wanted to confirm one thing,

Do I say on my mums behalf that she wasn't driving and they should provide a proof of who the driver was?
Or do I provide the receipt of being a customer at the place and leaving well within my time therefore making the claim invalid.

No, because that's not the stage you are at!

You need to read the section on SET ASIDES. Not appeals.

Why not also search the forum to read recent set aside threads to see what your Mum must put in her WS and N244 form, and the draft order:

set aside 6 point draft order

are recommended search terms - change the advanced search to 'show results as posts'.

Le_Kirk

simia2019 wrote: »

Le_Kirk, Thank you so much have been reading up on the post and building my appeal email,
just wanted to confirm one thing,

Do I say on my mums behalf that she wasn't driving and they should provide a proof of who the driver was?
Or do I provide the receipt of being a customer at the place and leaving well within my time therefore making the claim invalid.

Sorry very new to this so wanted to make sure I've included the right information in the form.

Really appreciate the help

See reply from Coupon-mad, she beat me to it!

simia2019

Coupon-mad wrote: »

Eh? your Mum is not doing any 'appeal email'. Far too late to appeal, this is not LBC stage, this is post CCJ and needs a set aside so it can be properly defended, the CCJ set aside and the entire scam charge seen off for good.

FIRST: Check if your Mum qualifies on income grounds to avoid paying the £255 court fee. Many people qualify and you can apply online (in her name not yours, for all of this!).

No, because that's not the stage you are at!

You need to read the section on SET ASIDES. Not appeals.

Why not also search the forum to read recent set aside threads to see what your Mum must put in her WS and N244 form, and the draft order:

set aside 6 point draft order

are recommended search terms - change the advanced search to 'show results as posts'.

Thank you so much coupon-mad, after reading a number of helpful threads from the forum you suggested I've made the following draft order:

Date

DRAFT ORDER

IN THE COUNTY COURT AT: xxxxxx

CIVIL ENFORCEMENT LIMITED (Claimant)

And

MRS ********************* (Defendant)

CLAIM No:**********

IT IS ORDERED that:

1. The default judgment dated XX/XX/2018 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/18 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2018.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.

WITNESS STATEMENT

7. I am XXXX and I am the defendant in this matter. This is my supporting statement to my application dated XX August 2018 requesting to:

a. Set aside the default judgment dated XX October 2018 as it was defectively served to myself who was the registered keeper of the vehicle at the time but not the driver.

b. Order for the claimant to pay the defendant £255 as reimbursement for the set aside fee.

c. Order for the original claim to be dismissed.

DEFAULT JUDGMENT

8. I understand that the claimant obtained a default judgment against me on XX November 2017. However, I was not aware of the county court judgment until a check on my credit file uncovered it on xxx Prior to that I had not received any communication regarding the court judgement.

9. I have never received any correspondence from the claimant, therefore I was never able to challenge the original charge nor the judgment.

10. I have never received any correspondence and at no point prior to XX June 2018 did I have any contact with the claimant.

11. I believe the claimant has behaved unreasonably by not ensuring who the driver was at the time and used my contact details instead. Claimant’s persistent failure to use correct and current addresses results in an unnecessary burden for individuals and the justice system.

13. The claimant sent a threatening letter to make me aware of the money owed but only after such time that a CCJ had been passed. Prior to this no communication was made by the claimant.

14. Considering the above I was unable to defend this claim. Therefore, I believe that the default judgment against me was irregular and I respectfully request it is set aside.

ORDER DISMISSING THE CLAIM

15. I further believe that the original parking charge notice has no merit and should thus be dismissed. The claimant is a parking company which seeks to claim for parking charge notices which the claimant believes are due as a result of an alleged breach of contract for parking by a driver.

16. The claimant has obtained details of the vehicle for which the defendant was the registered keeper and used those details to raise a parking charge notice. I dispute this charge in its entirety as I do not know the wording of the contract nor do I know the means by which the contract was alleged to have come into force.

17. If the claimant can evidence that the alleged incident relates to the vehicle XXXX XXX any notice to keeper issued by the claimant must comply with Schedule 4 of the Protection of Freedoms Act 2012. Otherwise, the claimant is required to prove the driver of the vehicle they claim was involved in the alleged incident. I submit that the claimant cannot provide such evidence and further submit that the claimant does not include Protection of Freedoms Act 2012 ; wording on the parking charge notices they issue and therefore cannot hold the registered keeper of the vehicle automatically liable.

18. A requirement of the Protection of Freedoms Act 2012 is that any notice to keeper must be served within 14 days of the date of the alleged incident. Since I have not received any documentation I submit the claimant has not complied with the requirements of the Act and thus cannot claim this charge against me as the registered keeper in any case.

19. I further submit that the parking charge notice is without merit due to substantial issues in law. This is for the following reasons:

a. Lack of Standing by Claimant: The claimant is not the landowner of the car park in question and will have no proprietary interest in it. This means that the claimant, as a matter of law, will have no locus standing to litigate in their own name. Any consideration will have been provided by the landholder and only they would have been able claim for any damages or trespass.

c. The Charge is an Unenforceable Penalty: I further submit that the parking charge is nothing but an unenforceable penalty as it is not based on any loss suffered due to the alleged infraction.

d. No Contract with the Claimant: Any contract must have offer, acceptance, and consideration both ways. There would not have been consideration from the claimant to the driver. Therefore, there is no consideration from the driver to Civil Enforcement Ltd.

20. On this basis I believe that the claimant has not provided any reasonable cause of action and thus the claim should be dismissed in its entirety.

21. In order to make informed decisions and statements in my defence as former keeper of the vehicle I will require copies of all paperwork and pictures of all signs from the claimant.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.


I've used posts from other threads as a template and tried to adapt it to our situation as much as I could. Does it look okay ??

Sorry for any silly mistakes, I have been reading all the newbies posts but because every situation is very different it difficult to adapt it to my situation, apologies again for any obvious mistakes.
All your help is much appreciated.

simia2019

Umkomaas wrote: »

How is it that you had no correspondence on this before the court hearing? Is the vehicle registered to your current address? Please check (don't guess) the vehicle's V5C (logbook). Is a former address involved?

Unless there is a very similar reason for non-receipt, a set aside will cost you £255 - and is likely to be rejected, with your £255 lost and the CCJ still in place.

Apologies missed this, I am not sure why previous letters ( if they were ever sent) were never received.
The only other letter received in between was a letter from a claim company asking for stupid money or threatening to take to court for this incident. I did respond to that letter promptly explaining I hadn't received any previous letters and also proving my reason to park in the car park that day, but I never heard back from them.

Redx

hmmmmmmmm, you still have not answered the simple questions about the V5C

1) was the correct name and address on the V5C on the date the pcn was incurred ? - yes or no

2) has that name and/or address changed between then and now ? yes or no

3) is the correct name and address on the V5C correct today ? yes or no

the CCBC send out the forms to the address the claimant provides them with , so this is why its important to track down the reason for the non-delivery , because you cannot say that the CCBC has failed as its very unlikely (but not unknown)