Advice Wanted on whether to go to court of just settle a Parking fine CCJ

Traintracks80

Hi, 
First post on any forum, ever - so please excuse me if i make any faux pas - but i could really do with some urgent help and advice. 
I was issues a parking ticket by Parking Eye at welcome break Winchester in May last year, for overstaying the time limit.
I was driving back from glasgow to london that day - and stopped for the final push and a lav break. Unfortunately the car wouldn't restart!
So i spent 4 long hours in the welcome break and on the phone to the RAC. 
 This resulted in me being issued said ticket. (i didnt see the sign, and really didnt think about that at the time if im honest).  
Parking Eye then proceeded to send any/all correspondence to my old address - which i hadn't lived at for over a year.
The first i knew about it was when i went to re-mortgage, to find that i had a CCJ against my name. 
This has meant i was not able to get the best deal, so has cost me around £2k in interest for the next couple of years. So, obviously i am extremely vexed and am considering asking a court to set aside the judgment to "have my day in court". 
In reality, its £255 and i may not win and then have to pay a further £250 to the parking company. 
I have explained the whole situation to both parking eye and welcome break but both have refused to answer my question: would you give a ticket to someone who was making purchases across 4 hours and was broken down? which seems a reasonable question to me.
I can evidence the calls to the RAC, receipts for purchases made across the stay (including jump cables!). 
I can also evidence my address was updated on the electoral role, and updated my driving licence details over a year prior (but maybe not the registered keep address - i kind of assumed the DVLA would do both at the same time).  
My question i guess - is do i have any chance at getting this set aside? Or should i just accept defeat, pay it and have a "settled" judgment for the next 6 years. 
 It really infuriates me that they can mess with my life about something like this.
any advice much appreciated. 
thanks
 

Redx

Most set asides are granted if valid reasons are given

Then it's argue the case as a court case , defending yourself

So 2 issues , a set aside based on PE not tracing the correct address , the second being about your court case and PCN

It's either go with a with consent set aside , or a £255 contested set aside , the argue the court case

So yes you have a good chance at a set aside , most people do

Altering your driving licence is irrelevant , both have to be done separately , doing one doesn't do the other

Ps , as mentioned below , paying the CCJ won't repair your credit rating , so you need a set aside if you wish to repair your credit rating , hence the choice of , with consent , or without consent in a contested set aside , so one or the other

Umkomaas

Or should i just accept defeat, pay it and have a "settled" judgment for the next 6 years. 

That won't repair your credit record. Don't knee-jerk into doing that. 

D_P_Dance

ParkingEye's signs leave much to be desired, read this

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

This It is not a fine, it is an invoice from an ex-clamper to compensate them for the alleged harm they suffered when you did what you did. We call it a scam. Pay them not a penny unless a judge so orders it.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

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

bargepole

Traintracks80 said:

I can also evidence my address was updated on the electoral role, and updated my driving licence details over a year prior (but maybe not the registered keep address - i kind of assumed the DVLA would do both at the same time).  
My question i guess - is do i have any chance at getting this set aside? Or should i just accept defeat, pay it and have a "settled" judgment for the next 6 years. 
 

The above was an incredibly expensive mistake.

The DVLA maintains two completely separate databases - one for drivers, and one for vehicles - that's why there is a D and V in their name. A few minutes' research on this or various other forums would have informed you that two separate notifications are required for a change of address.

Would a Judge grant a set aside in these circumstances? Some might take the view that you made an innocent mistake, others may say that you committed a technical offence (failing to update the V5C), so on yer bike, pal.

henrik777

bargepole said:

Traintracks80 said:

I can also evidence my address was updated on the electoral role, and updated my driving licence details over a year prior (but maybe not the registered keep address - i kind of assumed the DVLA would do both at the same time).  
My question i guess - is do i have any chance at getting this set aside? Or should i just accept defeat, pay it and have a "settled" judgment for the next 6 years. 
 

The above was an incredibly expensive mistake.

The DVLA maintains two completely separate databases - one for drivers, and one for vehicles - that's why there is a D and V in their name. A few minutes' research on this or various other forums would have informed you that two separate notifications are required for a change of address.

Would a Judge grant a set aside in these circumstances? Some might take the view that you made an innocent mistake, others may say that you committed a technical offence (failing to update the V5C), so on yer bike, pal.

Others take the view that serving a claim form, often many many months (even years), after obtaining an address from a source which cannot advise if the data you received is altered subsequently, without any basic checks or indeed any reply to correspondence, is a complete failure to follow the rules of the court.


An address obtained via DVLA is essentially perishable. A bit like an old can of beer, the only real way to see if it's any good is to taste it. Sometimes it's drinkable, sometimes it rancid.

Coupon-mad

Email enforcement@parkingeye.co.uk and ask if they will consent to set aside, and give the circumstances and proof of breakdown again.  The enforcement team is not who you have been dealing with yet (I assume) and they have not yet seen your evidence and they are the people you need to ask if they will 'consent to set aside'.

Add that you have complained to Welcome Break but it is too late for them to step in, but you would certainly have asked them to cancel the PCN at the time, had you ever received it.  But you didn't, and you didn't get the claim form because an old address was used and you only discovered the CCJ on xx/xx/2020.  Given those facts, can they please consider consent to your set aside application to avoid a hearing during lockdown and to minimise costs for a driver of a car that was simply broken down.

Consent to set aside means the N244 fee would 'only' be £100 and there would be no hearing.  It woudl be up to P/Eye whether they also want their piece of flesh at this stage or if they will hear your story and agree to not stand in the way of your N244.

Traintracks80

Thanks all for the advice. totally agree error on my part about the V5, though a simple ER check would have identified it. 
Ok, so i will contact PE with my evidence and ask for consent to set aside and see where we go from here. 
Really useful, thank you for taking the time to reply and pointing me where i need to go - there is a tonne of really useful information on the "stickies", it can be a bit of a rabbit hole!!