CCJ issued 3rd party driver

DaveMustaine

Hi I have spent the last 3 hours going through the forums and can't find a thread of similar circumstance to myself thread, whether this is because I am very stressed at the moment, So I do apologise and I am not looking to be spoon fed so a nudge in the right direction would be greatly appreciated, thank you.

I play in a band and performed a show at a pub that was controlled by Paring Eye parking, I gave the pub my van reg and as far as the van goes no ticket etc all good! later on the evening my wife came to the pub in my car which is registered to me (she is a named driver and legal to drive said car) about 10:00 pm as she was at a prior event paid for parking for 2 hours and when she was in the pub informed she was with band and the bar staff said that our car would be added to their database and not to worry about paying any more parking. I left the pub in my van at about 12:30 and my wife followed me in my car at the same time and we believed that parking fees we all sorted.

So a few months later we received a few letters asking us to cough up x amount for the additional parking on my car, I ignored the letter and carried on about my way as I had read previously not to respond to any letters from private companies. However after a few more letters etc we received what looked like a pretend court letter and claim form which again I ignored as I did not believe it to be true. Yesterday I had a letter come through stating that I had a CCJ issued against me again I thought It to be dodgy but upon checking my credit file it had been issued and is pending as I have up until the end of February to cough up £197.00

I sent parking eye a message explaining that 1 I was not driving and that I was driving another vehicle, 2, that we had given the registration of my car to the pub. To which I received a reply stating "

It is clearly stated on our signs that failure to adhere to parking regulations will result in enforcement action being taken and vehicle keeper details being requested from the DVLA to enable this. The DVLA release the name and address details of a vehicle keeper to registered companies, such as ParkingEye, if ‘reasonable cause’ can be demonstrated; i.e. a breach of parking regulations.
In this instance, 4 letters were issued prior to legal action but unfortunately, ParkingEye received no response. Our original notices outlined the appeals procedure offered by ParkingEye and provided a period of 28 days from the date of our initial correspondence to send any documentation you believe would aid an appeal to us directly. ParkingEye run a dedicated appeals team who consider each appeal on a case by case basis but we note that in this instance, no such appeal was lodged."

I also did reply stating that parking rules were adhered to as my wife had paid for parking and given the registration to the pub and was told the registration had been added to their database.

Thanks in advance.

Le_Kirk

Without reading all that, I would say, you do not have a case that is any different to any other issue posted on this forum. The advice in the first instance is always the same - complain to the landowner/retailer or, in your case the PUB. It is their stupid system that has put you in this nasty situation.

Redx

Your biggest issue here is ignoring the ntk ,ignoring the court claim and then expecting to unravel it now

You won't get a set aside based on the above and as registered keeper you were responsible if Parking Eye followed POFA , not being the driver is irrelevant

If the CCJ was recent (less than one month). Pay it off , in full , to avoid credit rating issues for the next 6 years

In future , do not ignore parking tickets and never ignore court claim paperwork

Umkomaas

If you've ignored the court claim and related paperwork you need to pay this by the deadline to avoid a credit crunching train crash. I can't see any option to now successfully fight this. Sorry!

Maybe you can get the pub to refund you after you've paid?

The_Deep

Parking eye signs leave much to be desired and many judges are throwing cases out because of it, read this,

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

In my opinion they would be foolish to take this to court.

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

waamo

Sadly ignoring letters has cost you £197. Make sure you get proof of payment otherwise you might not get the ccj removed

nosferatu1001

Youve messed up, as you ignored a COURT CLAIM FORM and jsut hoped it would go away. That isnt how courts work.
WHoever you got advice from needs shooting. Theyre 8 years out of date.

What is the DATE OF JUDGEMENT? If you are within 1 month of that, usually, if you pay IN FULL, with no bloody complaints, the CCJ will at least be removed. Get a receipt and send it to the court as proof.

Umkomaas

The_Deep wrote: »

Parking eye signs leave much to be desired and many judges are throwing cases out because of it, read this,

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

In my opinion they would be foolish to take this to court.

@TD - are you reading this stuff before firing the C&P gun? Your opinion in this case has been well preceded by events (as posted in the first post) as this has been to court, the OP ignored everything and now has a judgment in default and CCJ, which he will find impossible to unravel, short of paying it pronto.

DaveMustaine

Thank you all for your opinions and advice, I'm just going to pay it and put it down to experience, would I be able to pay the court instead of Parking Eye?

Umkomaas

DaveMustaine wrote: »

Thank you all for your opinions and advice, I'm just going to pay it and put it down to experience, would I be able to pay the court instead of Parking Eye?

You must pay the claimant, not the court.

DaveMustaine

Thanks Umkomaas just paid it