Help with getting ParkingEye CCJ set aside please

drewbie1234

Hello everyone,

I'm looking for a bit of advice on getting a CCJ set aside successfully either by myself or using a solicitor. I would be happy to pay solicitor fees if it improves my chances even slightly.

Case

The CCJ is for an amount of £197.00 issue by ParkingEye for an unpaid ticket for a parking event that took place on 10th December 2018.

I only became aware of the CCJ after signing up to experian and checking my file on 23rd September 2019 . Over the next few days I panicked and hastily payed the full amount on 26th September 2019, without using the repayment as leverage to get a consent to set aside letter. I again have proof of my experian account payment starting on date mentioned.

A biggest weakness in my case is that I am terrible at getting all my addresses changed over when I move and didn't get my licence changed well into 2019 and probably a lot of my other accounts (bank, phone etc).

The car I have sold and am about to send of ownership/address change documents.

Below are extracts from a recent email with PE from after paying the fine which explain how they tried to contact me ;

- In this instance, 4 letters were issued to the address provided by the DVLA but unfortunately, ParkingEye received no response.

- As no response was received to the letters issued, we also contacted you further at an alternative address provided to ParkingEye by a Credit Reference Agency. We also attached a copy of the original Parking Charge Notice to this letter and reiterated the opportunity to appeal.

- ParkingEye thereafter issued a county court claim on 15/04/2019 to recover the outstanding amount. However, as no defence was filed, nor was full payment received within the applicable time frame, the court granted a default judgment in ParkingEye’s favour.

I am now looking to get the judgement set aside on the grounds that I was completely unaware that there was case going against me and that when I found out, I payed it off immediately.

Note: I have had a CCJ in the past and have most definitely understand the negative effects they can have. Having finally cleared of my record a few years ago, I was looking forward to soon being able to get a mortgage and buy a house. Now I feel very deflated at the possibility of not being able to get a remotely reasonable offer or not at all.

Defence (help)

My Car and Driving Licence were registered to an address I moved out of in Aug 2018, several months before the ticket was issued - Not good, don't know dates I did change licence (2019 sometime)

However, the address on the CCJ record is form somewhere I lived over 3 years ago! Not sure how or why that happened!! They do mention that they sent letters to 2 addresses, one requested from the DVLA and one from a credit agency so I think they sent letters to a very old address and my previous address but obviously not my current.

The flat I left was owned by a friends mother and as such the only proof I have for me leaving is an email dated 17th August 2018 and quite informal, only mentioning that she has received my final payment and that it is for me to leave a few bits there for a while as long as I left her a bottle of wine for when she was passing through on 8th or 13th September. - She would also provide a witness statement if necessary

The new property I moved into also belonged to a friend and as such the tenancy agreement was mainly verbal but I would have proof of rent going into his bank - . - He would also provide a witness statement if necessary

There is a linked address entry on my credit file between my previous and current addresses on the 9th December 2019 (the day before the event) - Could this help?

I have also requested copies of correspondence PE sent me and copies of requests they made to the credit agency and DVLA for my contact details, showing the date of the request - Unsure whether they will provide this but was hoping there might be an obvious error made which shows they did not attempt to contact in the required way or that there was a long gap between them requesting my addresses and filing for the CCJ.

Advice

So I'm a bit uncertain as to where I should start with to try and fight this CCJ, if anyone could provide some advice on whether I should take this to a solicitor and if you think I stand a chance of ridding myself of the horrible record - all because I left my car in the wrong place! - that would be great?

I'm trying to figure what documents and evidence I need to gather before possibly approaching a solicitor as I want to do as much of the leg work as possible?

What actions I need to start taking now to start the process off?

Thank you in advance for any help given :-)

twhitehousescat

details were supplied by the DVLA on info from V5 , not licence and normally within 14 days (anpr)

as you have paid it now , no set aside , just marked as paid

you should have asked for set aside with consent BEFORE paying them

drewbie1234

So there is no course of action to get this removed from my record?


I don't dispute that I owe them the money just that the CCJ was issued in an unfair way.

twhitehousescat

thank maggie may , she promised to stop credit clamping , but like most statements by her , chip wrapping paper

KeithP

drewbie1234 wrote: »

I don't dispute that I owe them the money just that the CCJ was issued in an unfair way.

I fear that sentence will be your downfall.

If you don't dispute the alleged debt, then why are you considering a set aside?

Having already paid the alleged debt, the reason for seeking a set aside can only be to clean your credit record.

Generally speaking, the courts do not look too kindly on credit cleansing.

A biggest weakness in my case is that I am terrible at getting all my addresses changed over when I move...

And as you know, that is why you are in this predicament.

But you knew that was important back in 2016...

drewbie1234 wrote: »

I have just checked and my V5 also has the incorrect address on it

[Deleted User]

You do know it’s illegal to not change addresses on your license and v5 form etc as soon as you relocate?

waamo

Parking Eye might agree to a set aside with consent if you contact them. There again they may well ignore you.

If they do agree you might get a judge to agree to it. It's a massive long shot though and frankly I don't rate your chances at all.

At this point you have nothing to lose in contacting Parking Eye and seeing if they agree.

If they don't you have no hope whatsoever.

Coupon-mad

I agree, try emailing to ask politely re a set aside with consent as you paid in full.

enforcement@parkingeye.co.uk

That's the 'Legal' Team's email addy and they DO draw up consent documents. So keep asking politely and hope they are reasonable about this. P/eye might be.

Then you would need to submit the document with proof of the wrong address use for service, and a completed N244 form, and £100 fee, to your local court and hope there is no problem with a Judge allowing this on the basis that the claim was served to an old address and that you did not receive it.

DO NOT admit to not updating your address or saying you want to 'clean up your credit file' as neither of those phrases are what a Judge wants to hear, and they might refuse if they think it's just a CCJ removal/clean up exercise.

The Judge needs to be satisfied that the claim was served to an address that was not your address for service, and you can show that you were 'there to be found' (e.g. were on the voter's roll public document and registered for Council tax and utilities at the right address, maybe?).

Show that sort of proof that a basic search would have found your correct address.

henrik777

Well i think it looks promising for a MANDATORY set aside.

The CCJ is for an amount of £197.00 issue by ParkingEye for an unpaid ticket for a parking event that took place on 10th December 2018.

ParkingEye thereafter issued a county court claim on 15/04/2019

However, the address on the CCJ record is form somewhere I lived over 3 years ago!

Below are extracts from a recent email with PE from after paying the fine which explain how they tried to contact me ;

- In this instance, 4 letters were issued to the address provided by the DVLA but unfortunately, ParkingEye received no response.

- As no response was received to the letters issued, we also contacted you further at an alternative address provided to ParkingEye by a Credit Reference Agency. We also attached a copy of the original Parking Charge Notice to this letter and reiterated the opportunity to appeal.

- ParkingEye thereafter issued a county court claim on 15/04/2019 to recover the outstanding amount. However, as no defence was filed, nor was full payment received within the applicable time frame, the court granted a default judgment in ParkingEye’s favour.

So, you need to find out if that 3 year old address is where service of the claim form was attempted.

Further what was your V5 document address at the time of the incident ?

If Parking Eye have used the address from 3 years ago, ask them why.


As for paying, i don't see that it makes much of a difference.

drewbie1234

I have asked PE nicely if they would send me copies of all correspondence that they mentioned in the email so I can find this out. The address on CCJ record is 100% the address from 3 years ago so I presume that came from the credit agency and where the service of the claim form was attempted (surely it can only be made to one address?)


I'm wondering what how the credit agency selects the address?


My V5 document was registered at the my previous address, the one I left in the Aug prior to the parking event in Dec.


So to be clear, my only option is to get a consent to set aside letter? There's no point submitting N244 without it?


I payed thinking that would be the best thing to do as I certainly wouldn't want to owe PE for any longer. Very frustrating as I was a civil servant at the time working at a site that had thousands less parking spaces than employees and was known to cause "overflow" issues with people parking in the surrounding areas. I got desperate one day and parked in what turned out to be a holiday inn/pub carpark, didn't get a notice on the window and obviously didn't see any of the letters.

henrik777

I have asked PE nicely if they would send me copies of all correspondence that they mentioned in the email so I can find this out. The address on CCJ record is 100% the address from 3 years ago so I presume that came from the credit agency and where the service of the claim form was attempted (surely it can only be made to one address?)

Confirm with the court that this address was where the original court form was sent.

My V5 document was registered at the my previous address, the one I left in the Aug prior to the parking event in Dec.

But different to the one the court sent the claim form to ?

So to be clear, my only option is to get a consent to set aside letter?

No. You should always approach the opponent to get it done by consent but consent/non consent only makes a difference to how much it costs and whether you're going to have to win the argument.

There's no point submitting N244 without it?

When the facts become clear you can decide that, but i'd heavily lean towards you having a strong mandatory set aside application. If service is defective, you're going to win barring a judge who wishes to lose on appeal (or thinks you won't appeal and doesn't like you).

I payed thinking that would be the best thing to do as I certainly wouldn't want to owe PE for any longer.

I don't see that hindering you. In fact a judge might be more minded to be less obstructive to someone who isn't just trying to frustrate matters as they can't pay. By paying up front you MIGHT evade any debtor prejudice a judge could have.