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

TidyMax

henrik777 said:

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.

Aready have done, all correspondance comes to my house. I've got a myriad of other fines through just fine and dandy. Even if some weird blip had happened and the letters went to our old address my mum still lives there and brings me any post which has still gone that way. We have been registered at this property for over 6 years and this was sorted immediately with DVLA and any other agencies/ businesses! Very very bizarre! We are on great terms with our postman also, same guy all the time, gladly hides packages for us etc.Personally i dont think the correspondance was ever sent, i can't think of any other reason why we wouldn't have had the letters. Unless parking eye conceal them in Toolstation/Screwfix envelopes that is!

henrik777

Your opinion about what happened and why is about as useful as mine.

You need to check. Checking is the ONLY way to find out what has happened and why. Furthermore it is the evidence produced by these checks which you'll need in order to assist get this sorted.

One thing i will say, It is highly unlikely court papers were not sent. It's more likely they went to the wrong pace than got lost.

TidyMax

Who do i check with?
The DVLA have the vehicle registered to my house. Parking Eye use the information off the DVLA, County Court uses information off Parking Eye.

Redx

TidyMax said:

henrik777 said:

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.

Aready have done, all correspondance comes to my house. .

Personally i dont think the correspondance was ever sent, i can't think of any other reason why we wouldn't have had the letters.

Unless parking eye conceal them in Toolstation/Screwfix envelopes that is!

Personally I do believe the papers were sent out

sent out by the CCBC in Northampton, after PE paid for them to do so

the papers do not come from PE in Chorley, they come from the CCBC in Northampton , so they definitely were not in Screwfix envelopes, its official government papers from a government office , same as the DVLA or DWP , or HMRC

so as Henrik has pointed out, both he and I believe the papers WERE sent out by the CCBC, especially as its clear that the CCJ also was sent out to the same address and was eventually paid

prrof of sending is not proof of delivery , but the documents are deemed to have been received 2 days later , even by normal post

you are asking PE to consent to a with consent set aside where you do all the work and you submit the documents and you pay the £100 fee, a paper excercise, where all they do is rubber stamp your set aside application by agreeing to it (hence why its called , with consent)

henrik777

Reverse engineer it. The problem lies at your end, you didn't appear to receive. 

Who sent it to you ? The court service. Where did they send the papers to ? When ?

etc

Until you find the problem. If the last step, court to you is correct,then it's probably a lost in post issue. that's a nightmare scenario as lost post is a frequent occurrence but most folk won't believe it happened if it suits you. 

Le_Kirk

Why do you have so many "fines", surely if you have been "fined" once, that would be enough to make every effort to abide by the rules of parking.  Not being a harbinger of doom, just genuinely interested.

TidyMax

Le_Kirk said:

Why do you have so many "fines", surely if you have been "fined" once, that would be enough to make every effort to abide by the rules of parking.  Not being a harbinger of doom, just genuinely interested.

90% of the fines are incorrect. ANPR systems that haven't logged the vehicle either entering or leaving. All payments are made via ringo, justpark etc. But many slip through the net. If i'm working in London and travelling from Bolton we might do a couple of toll roads. and 4 different pay and displays in a day. Roll this out over 7 days a week and 5 years in business. Lots of places its cheaper for us to get a fine rather than pay for parking. I currently have 2 projects on the go in Glasgow and my parking tickets come to £30 a day, but it costs me £18 to park for 2 hours at the job and then i have to move the vehicle to another space. Its easier and cheaper to get the £30 fine, have no down time on the job, and its less than the price to park. We had 20 fines from the Black something tunnel in London this year. A fortnight of working away, roadworks outside the tunnel which were blocking the sign saying no vans. 2 trips a day through the tunnel. Hey presto 20 fines. TFL are the worst, we have a dd set up with those for any lads working in London, when we set the system up we clarified with them that we were paid up to date and moving forward all payments were automatic. They clarified this. We then received debt collection letters for tickets that were unpaid AFTER the date of the direct debits being set up. 'Because that's how their system works', we argued back and forth, i submitted requests from the phone conversations, but ultimately we just had to pay the debt collectors. And, the amount of fines we get is irrelevant as anything we receive gets paid immediately if its correct. The problem with this whole saga is, we never received anything. Id argue the fact that we pay SO MANY fines goes in our favor if anything, why would we NOT pay a single fine from months back. It makes no sense.

Redx

but the ones that went "missing" have caused untold grief, you are lucky that its just the one pcn (hopefully)

a SAR to the DPO at PE will obtain the documents you say never arrived (NTK , REMINDERS , LBCCC etc) , I dont know if the CCBC will let you have copies of their paperwork including a copy of the MCOL but you can ask

henrik777

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05#5.4B

Supply of documents to a party from court records

5.4B

(1) A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of any document listed in paragraph 4.2A of Practice Direction 5A.

(2) A party to proceedings may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party or communication between the court and a party or another person.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part05/pd_part05a#4A.1

4.2A A party to proceedings may, unless the court orders otherwise, obtain from the records of the court a copy of –

(a) a certificate of suitability of a litigation friend;

(b) a notice of funding;

(c) a claim form or other statement of case together with any documents filed with or attached to or intended by the claimant to be served with such claim form;

(d) an acknowledgment of service together with any documents filed with or attached to or intended by the party acknowledging service to be served with such acknowledgement of service;

(e) a certificate of service, other than a certificate of service of an application notice or order in relation to a type of application mentioned in sub-paragraph (h)(i) or (ii);

(f) a notice of non-service;

(g) a directions questionnaire;

(h) an application notice, other than in relation to –

(i) an application by a solicitor for an order declaring that he has ceased to be the solicitor acting for a party; or

(ii) an application for an order that the identity of a party or witness should not be disclosed;

(i) any written evidence filed in relation to an application, other than a type of application mentioned in sub-paragraph (h)(i) or (ii);

(j) a judgment or order given or made in public (whether made at a hearing or without a hearing);

(k) a statement of costs;

(l) a list of documents;

(m) a notice of payment into court;

(n) a notice of discontinuance;

(o) a notice of change; or

(p) an appellant's or respondent's notice of appeal.

Le_Kirk

TidyMax said:

Le_Kirk said:

Why do you have so many "fines", surely if you have been "fined" once, that would be enough to make every effort to abide by the rules of parking.  Not being a harbinger of doom, just genuinely interested.

90% of the fines are incorrect. 

Well, I only asked!  Thanks for the explanation.