Ccj request set aside Parking Eye

muffintop885

Thanks for help to create my own thread.
I was driving insured as second driver a car in my sons name and parked it at hospital in Herts back over year and half ago. It was only me that used this vehicle and I was at the hospital that day and had my blue badge displayed and registered it previously at hospital front desk They say they have no record of this and won’t provide any logs of how many times my car has been in their car park which would have been extensive. Instead they wrote to an address we have not lived over a year and half ago and by Time I was advised of the paperwork and the fine it was too late the ccj had been issued.

I tried to appeal with parking eye
I paid the fine
I got written evidence from my sons employer he was at his place of work and wouldn’t have been driving or in charge of this vehicle
I have said I was driving it
I requested that the ccj case be set aside and have court hearing in 6/3 Hertford county court. Not my local court

The judge may say it’s my sons fault for not changing v5 even though we changed dvla license and our new owners of our house didn’t advise us of mail

I got three other fines from the hospital that had not gone to ccj and paid them immediately

I don’t see how my son can receive the ccj when I was driving and I don’t see how I can have ccj when I had registered my badge and the hospital cannot prove or disprove this

I want to represent my son in court or should I get a Solicitors

Please advise me

muffintop885

Brown Trout thanks for pm. Iv tried to reply but it will only let me post one msg per 70 mins which is odd as been member since 2017

KeithP

muffintop885 wrote: »

...which is odd as been member since 2017

But nothing posted before today. That too is odd.

Coupon-mad

They say they have no record of this and won’t provide any logs of how many times my car has been in their car park which would have been extensive.

Send a SAR to the NHS Trust, asking for all instances of your Blue Badge being registered between xx date and xx date, and tell them this is required under the GDPR. Say that you also require to see how and when your registration was communicated or shared with other parties, including ParkingEye, not on a general basis but date by date.

I would be considering a formal complaint to the NHS Trust for disability discrimination resulting in actual loss.

The_Deep

And complain to your MP.

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.

Half_way

Next question, why did you pay? Theses are not fines.
Next up, your said that you were driving your sons car, is your son the registered keeper?
Did the hospital inform your son (through its agents, parking eye) that you had visited the hospital on those dates?

There could be a breach of patient confidentiality here, as your son would have known you were driving on that day, however your whereabouts should be your own private affair, especially if they involved a hospital stay/visit.
Such breaches could have very serious implications in some cases that could even be life threatening depending on the cultural/social background of those involved

nosferatu1001

1) Your son has a CCJ becasue under the POFA2012, the keeper can be held liable for a drivers alleged breached contract
2) It IS your sons fault. Driving licence obviously has nothing to do with who registered the vehicle and what address that is at.
3) No idea why you havent got a hearing at your local court ,when you choose it yourself when applying...
4) "I paid the fine" - what do you mean, you paid it? Did you pay the judgement? Be precise. We cannot guess.

muffintop885

Thank you for your advice I did ask the hospital complaints department who deal with the parking for a freedom of information request for all the times my vehicle has been there, but they wouldn't interact with me and said the issue was with Parking Eye. The issue is with Barnet Hospital as they agreed that patients with blue badge who registered it at their concierge desk would be able to park in a bay there... But the PPI and contracts manager states that Parking Eye have responsibility for managing the parking and the issue I have is with them and not the hospital Trust. It goes on to say there is designated parking for blue badge holders if they register the badge at the main reception and because they cannot find a record of this being registered they wont accept that we were allowed to park there.


My argument tell me how many times my vehicle has been picked up at the hospital as I know if used It there regularly and then if my blue badge was not registered how is it I wasn't given parking ticket then? They refuse to liaise with me and state it is with Parking Eye.


Moving on the case is in court on 6/3 for the hearing of setting aside the ccj (it would be nice to get my 1,000) back too but I would settle for the CCJ to be written off as its in my sons name and I have evidence to show he could not have been driving that vehicle. Have I left it too late for the SAR with Parking Eye or can I ask the case is put back in order to obtain further evidence ie the SAR?


Iv tried to ring Parking Eye but they only have a number for payments does anyone have a number I can speak to their legal team on? please help Im at the end of my tether. xx

muffintop885

Sorry forgot to ask does someone have a thread link for a SAR for Parking Eye

Half_way

any chance of answering the questions above?

nosferatu1001

Already told you, him not dirving was completely irrelevant
Youre barking up the wrong tree. STop going that route. Have you even looked up what POFA2012 scheudle 4 even DOES yet, despite being pointed at it?