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

Scrapit

TidyMax said:

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! 

If i were you id look into why you arent getting the notices.

Coupon-mad

As already said, the FIRST thing to do is simply to email the P/Eye enforcement team and point out the CCJ was paid and that you believed (wrongly) that this would set aside the CCJ.  GIven that it has not, you ask if P/Eye will please now consent to set the CCJ aside because you are about to fill in a N244 and want to minimise your costs, and have heard that ParkingEye might view the request reasonably and that they have a standard form of consent.

The reason is, in case the OP doesn't know, a set aside with consent needs no hearing and 'only' costs £100 court fee.  Not £255 (harder to argue and more expensive and needs a hearing).

If you are (or a member of your household is) an NHS or other keyworker please mention it in the email and ask for them to assist by not standing in the way of you setting aside this CCJ, because P/Eye's website is saying they will cancel PCNs for NHS workers, and clearly they are trying to come out of this smelling of roses compared to other PPCs.

TidyMax

Heres what i've written, once again, thanks for everyones help and advice, does the below come across okay?

Good Afternoon Parking Eye!

 

In the midst of all of the Corona saga I have been sorting finances for our business and I conducted a personal credit check at our accountants request. Much to my dismay it showed that we have a CCJ (E0FC66JW). In all honesty I wasn’t fully sure what a CCJ was and was advised to ring the County Court Judgement centre. They looked the case up and told me it was from you guys, Parking Eye.

 

The CCJ shows as being paid, but I have no recollection of this I have checked our fines paperwork and we have literally no letters off Parking Eye stating we are being taken to court. The admin staff member who sorts our paperwork confirms they have paid numerous fines this year however we don’t have a record of £197 being paid in February?

 

The CCJ shows it was from 08/01/19 and the court/debt collection ( I am unsure as to who it would have gone to!) were paid on 28/02/2020.

 

SO, we have a CCJ, yet we never received any documentation stating we had a fine, court appearance OR county court judgement. After speaking to the court the CCJ can’t be set aside automatically as it was paid longer than 1 month after the court date. Our only option is to pay £255 and fill out an N244 for a set aside, ask our solicitors to assess the situation re no paperwork received or try and arrange a solution? Personally I would like to avoid £255 or court as we generally pride ourselves on prompt payment, whether it’s a sub contractor, supplier or a fine everything is normally paid well within the allotted time frame and I have genuinely zero idea as to why this wasn’t paid. The only reason I can see is that we didn’t receive any correspondence regarding it. Would you be able to send us the proof of signature/delivery for the court documents?

 

Is there a possibility that Parking Eye could apply to set aside our CCJ? The CCJ is paid in full, and we will obviously cover any costs involved.

Coupon-mad

Is there a possibility that Parking Eye could apply to set aside our CCJ? 

NO, that is not what we said!  You are not asking them to APPLY, why should they?  

Redx

The documents are issued by the CCBC in Northampton , not by any court , no court was involved

They are sent by first class mail , not signed for , deemed delivered 2 days later , so there won't be any signatures and no court sent them in any case. I would aver that your local post person posted them through your letterbox same as the later CCJ that was delivered and eventually paid for. Many other documents would have preceded those CCBC letters

A set aside with consent where you are paying the £100 is more likely to be agreed where you are setting aside the CCJ , its your job, not their job

So alter your request accordingly , with facts not fiction

TidyMax

Yeah sorry guys i'm clearly not understanding this properly.
So i am asking PE for a response off them with consent for the set aside to go ahead, i then attach this to the N244 form and say i am applying for a set aside, bla bla bla, here is consent attached?

TidyMax

Coupon-mad said:

As already said, the FIRST thing to do is simply to email the P/Eye enforcement team and point out the CCJ was paid and that you believed (wrongly) that this would set aside the CCJ.  GIven that it has not, you ask if P/Eye will please now consent to set the CCJ aside because you are about to fill in a N244 and want to minimise your costs, and have heard that ParkingEye might view the request reasonably and that they have a standard form of consent.

The reason is, in case the OP doesn't know, a set aside with consent needs no hearing and 'only' costs £100 court fee.  Not £255 (harder to argue and more expensive and needs a hearing).

If you are (or a member of your household is) an NHS or other keyworker please mention it in the email and ask for them to assist by not standing in the way of you setting aside this CCJ, because P/Eye's website is saying they will cancel PCNs for NHS workers, and clearly they are trying to come out of this smelling of roses compared to other PPCs.

I've emailed them, i've mentioned the keyworker thing also, one of the reasons for the credit check was due to me trying to increase my machine count for PPE which we have been making. I didn't even think of mentioning it and tbh felt a little dirty doing so. But hey ho, if it works,
https://www.lancs.live/news/lancashire-news/icu-staff-told-theyve-no-18087459
That's one of the articles about our charity stuff so fingers crossed that will help with their decision.

Coupon-mad

I reckon it might!  See what they say and read the N244 form. It tells you about set asides with consent.  As does the NEWBIES thread that tells you about the £100 option and the £255 option. 

This is YOUR application, your N244 form, not ParkingEye's.  All you want from them is a form of consent.

TidyMax

Cheers. Ill update the thread with whatever outcome happens anyway. Thank you all for the help and sorry for missing that part of the newbies thread. 

henrik777

You still need to find out why the ccj slipped through the net in the first place. Contact the courts/dvla etc to see what transpires.