Just discovered Parking Eye CCJ from 14 months ago...

KeithP

Max, you need to ask yourself why you never had any previous correspondence.

Who is the Registered Keeper of the vehicle and what is the address of the Registered Keeper on the vehicle's Registration Document (V5c)?
Please don't guess - check the document.

Scrapit

OP who is your fleet/transport Manager?

Redx

Judges don't allow credit cleansing for the sake of it

Even if you do try a £255 set aside it may not succeed

As for ringing a county court , none were involved , the CCBC in Northampton processes bulk claims and you are subject to the same deadlines that we all are , even if nobody likes it

It wasn't a threat of court , it was notice of a judgment as a default CCJ , issued by the CCBC , with a deadline date to pay it , which was received but wasn't paid in the time allowed

Bear in mind if you pay staff or accountants to do this for you, if they don't understand the topic and don't involve you either , you are left with the disastrous consequences, especially when the paperwork has your name on it

The CCBC is a government office like the DWP or DVLA , it's not a court

Your default CCJ was a lack of ground rules at your end about having priority mail (especially legal mail) passed for you to deal with personally , promptly

If you bone up on this topic you would understand who does what and where the failures lie but look at the failures at your own end first, because there would have been many letters with your name and address on them

Read the CPR,s to see what may be possible , but nobody who has replied can see a way out of this due to what you have said , plus this isn't a legal aid forum about MCOL , it's a parking invoice forum , nothing to do with courts or CCJ,s

Pay a lawyer if you want bespoke legal advice , that is what Martin Lewis would tell you to do

Meanwhile , it is what it is , warts and all , I cannot see a judge granting a set aside based on the story so far , however fair or unfair it may be , sorry to say (I am a realist , it can be a poor unfair system , but it is what it is)

henrik777

A set aside might pretty much be a formality or it might be a no hoper.

there's next to nothing to go on. It's parking eye so it's a parking ticket. That's all you've given to go on.

If there's a service issue then it may be you will win. You need to work out why no post was received. Until then it's all guess work.

Coupon-mad

What about emailing P/Eye to see if they will CONSENT to set aside, they may well do.

henrik777

Don't ask, don't get.

They are usually amenable when  they think they will get paid, however they've already been paid ......

Coupon-mad

P/Eye are more likely to agree to consent to a set aside than other PPCs, and certainly it's worth an email to:

enforcement@parkingeye.co.uk

bargepole

TidyMax said:

It seems crazy that i can miss a court appearance which we have received no notification for. How can they justify a court appearance if we haven't even been told about it!

There never was any court appearance. You would have received a Claim Form, which gave you 14 days to Acknowledge Service, and then up to 28 days to file a Defence. As you did neither, the Claimant applied for, and got, Judgment in Default against you, which is just a rubber stamp exercise in a back office, no hearing involved.

One of the requirements for a successful set aside, is that you act promptly. Paying the Judgment in full, and then making an application 14 months later, would not fit any definition of 'prompt'.

I wouldn't advise wasting £255 on this.

henrik777

bargepole said:

TidyMax said:

It seems crazy that i can miss a court appearance which we have received no notification for. How can they justify a court appearance if we haven't even been told about it!

There never was any court appearance. You would have received a Claim Form, which gave you 14 days to Acknowledge Service, and then up to 28 days to file a Defence. As you did neither, the Claimant applied for, and got, Judgment in Default against you, which is just a rubber stamp exercise in a back office, no hearing involved.

One of the requirements for a successful set aside, is that you act promptly. Paying the Judgment in full, and then making an application 14 months later, would not fit any definition of 'prompt'.

I wouldn't advise wasting £255 on this.

If it wasn't served, or 13.2 applies for any reason, there isn't a requirement to act promptly or to have a good reason/real prospect.

Cases where the court must set aside judgment entered under Part 12

13.2  The court must set aside a judgment entered under Part 12 if judgment was wrongly entered because–

(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;

(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or

(c) the whole of the claim was satisfied before judgment was entered.

As we do not know the circumstances we cannot know if the case fits 13.2.

TidyMax

KeithP said:

Max, you need to ask yourself why you never had any previous correspondence.

Who is the Registered Keeper of the vehicle and what is the address of the Registered Keeper on the vehicle's Registration Document (V5c)?
Please don't guess - check the document.

Definitely me, not even to my business premises. The company is still registered to my house as is the vehicle. FOR DEFINITE, i receive other fines here which all get paid on time ha!

Scrapit said:

OP who is your fleet/transport Manager?

Again, me! Only a very small business, sub contractors on the road, me on the road and office and a woman who does admin for us.

henrik777 said:

A set aside might pretty much be a formality or it might be a no hoper.

there's next to nothing to go on. It's parking eye so it's a parking ticket. That's all you've given to go on.

If there's a service issue then it may be you will win. You need to work out why no post was received. Until then it's all guess work.

Ill give that ago but i wont hold my breath!