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Parking eye ccj etc....

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Hi....New to site, but would appreciate some clarity on the situation !!.

In March 2019 my wife incurred a PCN issued by Parking Eye at our local hospital. She did not pay on the day in question due to a number of factors, however, she paid 6 days later via card payment (of which we have online banking proof).
She subsequently appealed 15 days after receiving the PCN (dates on the PCN are conflicting !!) and the appeal was rejected.
Since that point in time she has ignored all further correspondence from them, but has received the following; letter before claim (ignored) and a judgement for claimant ccj (ignored).
She has now received a letter from Debt Recovery Plus requesting further payment on behalf of Parking Eye.
Could you please advise as to where she stands with all this and what she needs to do to move forward.

Kind regards.

Comments

  • Le_Kirk
    Le_Kirk Posts: 24,542 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Ask your wife to read the NEWBIE sticky post # 2 about CCJs and set-asides. To get a judgment in default, she must have also ignored real court papers! If the CCJ is less than a month ago, she could pay it off before the date set in the judgment. That way it won't appear on her credit record.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    If there is. CCJ then Parking Eye can enforce it , if necessary using bailiffs under a warrant of control

    If she ignored all the paperwork , especially the Court claim , then she has a CCJ against her

    Seems to me she should pay it , preferably trying to get a set aside by consent with Parking Eye

    The above advice is given based on the info you have given and if the CCJ is more than a month old
  • Hi again and thanks for info.
    It would appear she has a ccj, as when applying for car finance in Dec 19 she was turned down. She hasn't checked experian yet, so not 100% sure.
    The ccj was issued on 30.07.19 with a cost of £167, DRP are now requesting £267 on behalf of Parking Eye !!!.
    If it were to end up going to court (would it get that far ?) and can provide proof of payment (albeit 6 days after parking date) how will that stand, or is she in a no win situation due to ignoring the letter to claim and ccj notice ?.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    From what you say, it's already been to court! Read the DRP paperwork very carefully. (Can they add £100 debt collection charge?)

    It seems there's no option to get this set aside as she ignored court papers! :eek:
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Erm, yeah

    You would also have gotten a court claim form.
    WHY was a DEFAULT JUDGEMENT ignored?!
    You havent got a hope of getting a contested set aside, and your wifes credit is trashed for 6 years UNLESS you can get Parking Eye to CONSENT to a set asdie.
    You will need t pay PARKING EYE iN FULL *and* you will have to pay £100 to the court to apply for this set aside. There is absolutely no other way possible

    Also
    If the CCJ was found out about in December (because someone thoought a Judgement wawsnt a CCJ i would guess, sigh) then you have to get this sorted out by tomorrow. Seriously. You MUST act promptly for a set aside, if you dont, well guess what happens....

    The circumstances no longer matter. You are past that point. They are utterly, and totally, irrelevant. You cannot cosndier them atall any longer. You are now on a credit repair exercise.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    It's already been to court , hence the CCJ

    The CC is County Court , and the J is Judgment , hence CCJ

    If Parking Eye issue a warrant of control then bailiffs can be used , the costs will escalate even further

    A set aside by consent is the best option , where she pays all the money and fees , so I suggest she contacts the legal team at Parking Eye to do so

    So same as the last reply , it's a credit repair exercise and get the monkey off her back
  • The DRP letter states they are acting on behalf of PE who have successfully obtained a ccj against my wife relating to an unpaid PCN, and as a payment has not been made, it has been referred to them plus a £70 added charge as a result. This gives a total of £267 which needs to be paid by 21.01.2020 or they will recommend PE begin enforcement proceedings against my wife, which may resulti in enforcement fees being added !!.
    If it's paid in full she can apply to the register of judgements to mark it as satisfied, which will help with her credit rating.payment
    I take it she is past the point of no return and the advice on here is to pay in full ?.
    Thanks again for all help given.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 9 January 2020 at 2:03PM
    Even if it's paid in full and shows as satisfied , her credit rating remains trashed for 6 years , so paying off DRP only stops enforcement , it doesn't expunge the CCJ nor will her credit rating go back to normal

    You have been told how to repair it , so the previous advice stands

    A with consent set aside where she agrees to pay all charges ,fees etc and does so
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Youve been told, twice now, that the ONLY WAY to get a clean credit record is a SET ASIDE application to the court

    Contact Parking eye LEGAL TEAM. ANd tell your wife and yourself that ignoring a DEFAULT JUDGEMENT froma a court is a REALLY bad idea.
  • Coupon-mad
    Coupon-mad Posts: 151,665 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 January 2020 at 5:28PM
    If it's paid in full she can apply to the register of judgements to mark it as satisfied, which will help with her credit rating.payment
    DO NOT do that. Did she really ignore court papers in June/July? Surely not. Did she receive them?

    Did she manage to ignore everything after her first appeal, even though P/Eye ones are dead easy to get cancelled and avoid inevitable court claims from this monster, by complaint to the landowner as soon as you get a PCN?

    In this case, PALS would have cancelled it for a patient. We say this in our advice.

    As a family, learn from this but NEVER pay one, just get it right next time and sort this mess out.

    She needs to email PE and ask for their consent to set aside the CCJ:

    enforcement@parkingeye.co.uk

    NOT to mark it 'satisfied' NOT THAT. It WILL NOT repair her credit rating enough!

    This is already explained in the set aside section of post #2 of the NEWBIES FAQS.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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