CCJ Set-Aside

87Thursday

Quentin wrote: »

Why not wait their stated response time?

(They are very busy people!!)

I may well have to but was trying to avoid any delay as I need to start my first mortgage application next month.

87Thursday

The_Deep wrote: »

Get your MP on side, they are well aware of the MO of this company and are about to impose proper regulation.

On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Thank-you, that's really useful information. I will do this.

Quentin

87Thursday wrote: »

I may well have to but was trying to avoid any delay as I need to start my first mortgage application next month.

This won't be resolved by the end of next month!

87Thursday

Thank-you for your help so far.

Regarding the SAR, PE responded stating, "This case was archived in line with our retention policy and therefore we no longer hold a copy of any correspondence/images in relation to the same." I asked for clarification on whether the data had been archived (and is accessible) or lost/destroyed. PE responded, "The correspondence and images pertaining to the above referenced Parking Charge are no longer accessible."

I had a separate response stating PE is "willing to consent to the setting aside of the judgment in default." They attached a proposed Consent Order which I have pasted below. Your advice would be appreciated.

IN THE COUNTY COURT BUSINESS CENTRE

CLAIM NO. XXXXXXXX BETWEEN: PARKINGEYE LTD. Claimant v. XXX Defendant

_____________________ CONSENT ORDER _____________________

Upon the Defendant informing the Claimant that they no longer lived at the address that was provided to ParkingEye by the DVLA;

BY CONSENT IT IS ORDERED THAT:

1. The Judgment entered against the Defendant on XXX is hereby set aside.
2. The claim stands dismissed.
3. There shall be no order as to costs.

Signed ………………………………. Signed …………………………..
Dated ……………………………….. Dated …………………………….

ParkingEye Ltd, 40 Eaton Avenue, Matrix Business Park, Buckshaw Village, Chorley, PR7 7NA. Defendant

My name, my current address (with spelling error). Claimant

Le_Kirk

That looks good, it cost less to have a set aside by consent (£100 I believe).

Umkomaas

PE, unlike the vast majority of PPCs, have their own in-house professional solicitors.

You can be pretty certain that any legal document has been drafted in a legally accurate manner.

87Thursday

Thanks, I did wonder about the relevance of PE no longer having any copies of the photographs of the alleged parking contravention, nor any evidence of letters sent. I wondered if this might mean a set-aside (without consent) would be made any easier. I do want to have this resolved as quickly, and with as little stress, as possible. I am (begrudgingly) willing to pay the £100 plus the amount PE say I owe them but, obviously, I would rather not. Perhaps this is not relevant at all?

Coupon-mad

I wondered if this might mean a set-aside (without consent) would be made any easier.

My thoughts exactly. Yes.

Your choice, but yes, how can they then continue with the claim once set aside, with no evidence of the PCN, photos, etc.

Umkomaas

87Thursday wrote: »

Thanks, I did wonder about the relevance of PE no longer having any copies of the photographs of the alleged parking contravention, nor any evidence of letters sent. I wondered if this might mean a set-aside (without consent) would be made any easier. I do want to have this resolved as quickly, and with as little stress, as possible. I am (begrudgingly) willing to pay the £100 plus the amount PE say I owe them but, obviously, I would rather not. Perhaps this is not relevant at all?

You raise a very interesting point that should you go for the full set aside whether PE would have any evidence at all to pursue their case against you should the Judge order a further hearing.

Game of poker I guess.

87Thursday

What are the likely implications on me forming a defence for a full set-aside? I was expecting to use the information gathered from the SAR to inform my witness statement but they have nothing to give me!