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Parking ticket now a ccj advice please

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Parking ticket now a ccj advice please

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
32 replies 1.1K views
CrebagCrebag Forumite
16 posts
edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
Hi Guys/Gals. My 1st post so apologies in advance if this is the wrong place, I'm looking for some advice, My car was issued a parking fine last year (think they was called parking eye) whilst my Ex girlfriend was using my car, when I received the fine I basically passed this on to her and asked her to deal with it, basically she never paid, even though she told me she would do it, when I got the second reminder I again asked her and her reply was she paid a few days before.
Now, after having major building work done on our home and major problems with post and deliveries being undelivered, delivered to the wrong address, and even in one instance the temporary post box I put out for the postman (who couldn't get to my front door due to building work) was stolen! Anyway, I got an email from Experian saying your credit rating has changed please log in to see.....
Anyway I got around to logging in today to see to my horror that I have had a CCJ on my credit record due to this said unpaid parking fine. I have spent most of my savings on my house renovations in which I live with my 2 young children of whom I have custody of due to there mother having alcohol issues. before this drama I was thinking of maybe taking some equity out of our home to pay for the final bits and bobs to finish off our home to make it nice for the girls and now after doing some online research this CCJ could make it very difficult to release any equity. I'm aware I can request a "set aside" on the ruling but my heads spinning and I wouldnt have a clue where to start or any idea if it would be sucessful. Any advice would be greatly appreciated. Thanks in advance. John
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Replies

  • Coupon-madCoupon-mad Forumite
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    I'm aware I can request a "set aside" on the ruling but my heads spinning and I wouldnt have a clue where to start or any idea if it would be successful.
    Yep, set aside is the way forward, and we now see every set aside case succeed against parking firms, as long as you can satisfy the Judge with evidence about what you've said, such that the Judge agrees the Claim was never actually served to you, and that you had no opportunity to enter a defence.

    You will also need to have an idea of the defence you might need to put forward, if you choose to do a set aside WITHOUT consent (£255 court fee, and a hearing). Because that then wipes the CCJ and resets the case, and P/Eye will then proceed to a hearing for the claim, and you will need to defend it, and NOT just pay P/Eye!

    The other option is 'set aside with consent' by emailing ParkingEye with the PCN number and claim number in the subject line and asking them for a draft consent order, and how much they need you to pay them to clear the CCJ. That is likely to be about £190ish, to ParkingEye, plus then when they've signed the consent order, you have to apply to the court (no hearing, £100 court fee) to set aside with consent.

    The two set aside options are spelt out in the NEWBIES thread, top of this forum, post #2, under all the stuff about witness statements.

    ParkingEye can be reasonable about set asides with consent, so email them if that's your preferred route, but DO NOT pay them until you have had agreement that they WILL sign a consent order to set the CCJ aside:

    [email protected]

    HTH - read the NEWBIES thread and think about it for a couple of days but don't hang about, as with set asides, a Judge will expect you to act promptly.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • CrebagCrebag Forumite
    16 posts
    Wow thanks for the detailed fast reply Coupon - mad. In your opinion, which is the best and most straight forward method? I'm saying its parking eye but I'm not certain, but I do know exactly where the pcn was given so will check tomorrow. I do have this email address [email protected] does it ring any bells? Kind Regards. John

    ps I dont have the PCN number, is there anyway I can find this out?
  • Coupon-madCoupon-mad Forumite
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    A completely different company then! ParkingEye is a company name.

    You said:
    (think they was called parking eye)

    ??

    So was it in fact Vehicle Control Services?

    Personally I would NOT trust that bunch, if it was VCS, to sign a consent order, but their cases can be easier to defend if you choose the £255 'without consent' option using the N244 court form you can download and take to your local court with a Witness Statement and Draft Order (see all the other set aside threads so far this year - search the forum & copy what they did). That would need a hearing and VCS might try to contest it.

    Which location, exact car park name?

    Pay & display, or permit car park?

    Exact parking firm name?

    And do you recall the contravention alleged?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • CrebagCrebag Forumite
    16 posts
    It was myparkingcharge that the pcn directed us too my ex says. It was basically parking in a taxi bay while she collected some food from Nandos in Salford Quays.

    Dont know the Contravention unfortunately is this important?
    Can find exact name and type of car park in the morning and post it here. Thanks again for your help. The idea of having a CCJ on my credit rating is horrible.
  • Coupon-madCoupon-mad Forumite
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    This is VCS then. Not ParkingEye.

    They use myparkingcharge red cards that in fact say 'this is not a PCN'.

    So, you need to email VCS's Data Protection Officer (Google for their PRIVACY PAGE for that email contact) a Subject Access Request (SAR) giving them your name as registered keeper, and the VRN (and attach a copy of your log book to prove who you are) and state that you do not know the PCN number but have discovered a CCJ and require full disclosure of all data, all photos and all letters purportedly sent regarding any/all parking events relating to your car, plus the claim number and Particulars of Claim. Tell them a copy of the claim form plus all photos and all letters, plus any other data held electronically or otherwise, is needed and time is of the essence.

    DO NOT MENTION SET ASIDE and DO NOT just use the email addy you had.

    Meanwhile, at the weekend then download a N244 and read a load of set aside threads here, as you have to act promptly to do a set aside WITHOUT consent (with a hearing to follow at your local court).

    You will have to press ahead with the N244 and WS & 'Draft Order' (see other threads...) & £255 fee, if VCS are slow about the SAR which can take 30 days (hopefully they will be quicker). You will need the CLAIM NUMBER though, for your N244 form, and may have to ring the CCBC in Northampton to find that out, if VCS drag their heels.

    You cannot wait 30 days but get that SAR emailed right now to the DPO. An example of a SAR is shown in the NEWBIES thread, search it for 'SAR'. And I told you above specifically what to ask for, as in your case, you need the claim form as well as photos & letters.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • CrebagCrebag Forumite
    16 posts
    Ive applied for the SAR (Thanks for the info) I'm just filling out the N244 form Coupon mad and it says "it is not necessary to complete questions 4-9a"
    So should I leave these blank? Do I attach anything with this form ie Defence or anything else or is this just to book a date for a hearing? I have tried looking for over an hour on the newbies thread but its very confusing and I'm scared to death I might mess it up. Should I enter anything in section 10? I'm really panicking Kind Regards. John
  • Coupon-madCoupon-mad Forumite
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    "it is not necessary to complete questions 4-9a"
    So should I leave these blank?
    Yes.
    Do I attach anything with this form
    Yes, as I said:
    press ahead with the N244 and WS & 'Draft Order' (see other threads...) & £255 fee,
    See other set aside threads and copy them, I advised. i.e. search the forum.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • CrebagCrebag Forumite
    16 posts
    1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.so I would like the county court judgment set aside.

    2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was not driving the car on the date of the alleged offence
    2.1. It is denied that a 'charge notice' ('CN') was affixed to the car on the material date given in the Particulars. This Claimant is known to routinely affix misleading pieces of paper in a yellow/black envelope impersonating authority, bearing the legend 'this is NOT a Parking Charge Notice'. It is reasonable to conclude, from the date of the premature Notice to Keeper ('NTK') that was posted, that the hybrid note that the Claimant asserts was a 'CN' was no such thing, and therefore the driver was not served with a document that created any liability for any charge whatsoever. The Claimant is put to strict proof.


    2. The Particulars of Claim does not state whether they believe the Defendant was the registered keeper and/or the driver of the vehicle. These assertions indicate that the Claimant has failed to identify a Cause of Action, and is simply offering a menu of choices. As such, the Claim fails to comply with Civil Procedure Rule 16.4, or with Civil Practice Direction 16, paras. 7.3 to 7.5. Further, the particulars of the claim do not meet the requirements of Practice Direction 16 7.5 as there is nothing which specifies how the terms were breached.

    3. Due to the sparseness of the particulars, it is unclear as to what legal basis the claim is brought, whether for breach of contract, contractual liability, or trespass. However, it is denied that the Defendant, or any driver of the vehicle, entered into any contractual agreement with the Claimant, whether express, implied, or by conduct.


    5.. At best, parking without authorisation could be a matter for the landowner to pursue, in the event that damages were caused by a trespass. A parking charge cannot be dressed up by a non-landowner parking firm, as a fee, or a sum in damages owed to that firm for positively inviting and allowing a car to trespass. Not only is this a nonsense, but the Supreme Court decision in ParkingEye Ltd v Beavis [2015] UKSC 67, confirmed that ParkingEye could not have pursued a sum in damages or for trespass.

    5.1. County Court transcripts supporting the Defendant's position will be adduced, and in all respects, the Beavis case is distinguished.

    6. The Claimant is put to strict proof that it has suf ficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue pieces of paper that are not 'charge notices', and to pursue payment by means of litigation.

    6.1. It is suggested that this novel twist (unsupported by the Protection of Freedoms Act 2012, Schedule 4 - the 'POFA') of placing hybrid notes stating 'this is NOT a Parking Charge Notice' on cars, then ambushing the registered keeper with a premature postal NTK, well before the timeline set out in paragraph 8 of the POFA, is unlikely to have been in the contemplation of the Claimant's principal.

    6.2. It is averred that the landowner contract, if there is one that was in existence at the material time, is likely to define and provide that the Claimant can issue 'parking charge notices' (or CNs) to cars - following the procedure set out in paragraph 8 of the POFA - or alternatively, postal PCNs where there was no opportunity to serve a CN (e.g. in non-manned ANPR camera car parks, and as set out in paragraph 9 of the POFA). The Claimant is put to strict proof of its authority to issue hybrid non-CNs, which are neither one thing nor the other, and create no certainty of contract or charge whatsoever.

    7. The POFA, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

    8. In summary, it is the Defendant's position that the claim discloses no cause of action, is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.


    Would this be sufficient as a Draft order or WS?
  • Coupon-madCoupon-mad Forumite
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    Neither.

    You need to read specific SET ASIDE threads. One search needed for those words!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • The_DeepThe_Deep Forumite
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    Nine times out of ten these tickets are scams and will fail in court if properly defended, so complain to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

    Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.
    You never know how far you can go until you go too far.
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