Parking eye obtained CCJ for a parking fine against me (2017). Only just found out- what can I do?

littlebitstuck

Hey there

Posting here on the advice of some very kind people over on the Legal Advice UK subreddit (and also a separate MSE forum that advised I'd be better off here).

Long story short, I have a CCJ issued to me by Parking Eye from early 2017 (April), but only actually found out about this 6 months ago when I moved in to a new flat and almost lost out on the tenancy because of a failed credit check.

Since then, I've been trying to contact them about it so that I can discuss the possibility of having it set aside with consent, which based on my research would allow me to pay off the CCJ and have it removed from my credit file.

Unfortunately Parking Eye have yet to acknowledge a single email or email from me regarding the CCJ. They literally just blank me. I've tried calling, but the reps have told me that they don't know who I'd speak to and just bounce me between different departments.

To be honest, I'm not happy about the damn thing existing in the first place because I was never notified of the CCJ (they must have sent the notice to an incorrect address, but after speaking with several people about this it's almost impossible for me to prove that that's not my fault).

That being said, I just want to pay off the CCJ so that I can move on with my life. If they say I'm at fault, I'm prepared to accept liability, but I can't even pay the debt if they won't acknowledge my attempts to contact them.

The CCJ was issued by CCBC and I've tried contacting them as well, only to have them point me straight in Parking Eye's direction (it's a fun little merry-go-round).

My main reason for wanting it gone is that it won't come off my file until 2023, and that leaves me in a really rough spot if I ever lose my current tenancy.

I've considered having it set aside without contacting Parking Eye, but I've been told that it's highly unlikely that this would work and I'd just end up right back at square 1 after having paid £255+ for the privilege of being told to go away and deal with it.

Is there anything I can do here legally speaking or am I just utterly without hope until they decide to contact me back? They've made zero attempts to even collect the debt as well so there's not even a bailiff or a collection agency I can speak to.

CCBC have been incredibly helpful, but as far as I can see there's very little else they can do to help me. They've provided me with the particulars of the claim, in addition to the contact information for PE, but so far I've yet to receive a single response from PE and this is really starting to worry me - with Covid and everything else going on, if my landlord were to decide to cancel my tenancy or kick me out (not by choice - he's a great bloke really), I'd quite literally be homeless. I have nobody to guarantor for me for a private let, and I don't have any friends or family that could bail me out with a place to stay either.

This is my first time posting here so if I've missed anything please let me know.

TL;DR - got slapped with a CCJ. Didn't know about it until 3 years later. Trying to contact creditor to arrange set aside with consent. Creditor is ignoring my attempts to pay the debt.

nosferatu1001

If they wont set aside with consent, then you set aside without consent
Full info is in the newbeis thread, and in the dozensof set aside threads. 

littlebitstuck

Thanks for that. Is there a particular way for me to work it when asking the company to set aside with consent? They've actually responded today after almost 3 months with the below:

Thank you for your correspondence received in relation to the above referenced Parking Charge, which was issued following a parking event that took place on 10/12/2020 at <removed because personal information> car park.

In order for us to send the relevant information please provide an active address of service.

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, 3 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.

ParkingEye thereafter issued a county court claim on 06/03/2017 to recover the outstanding amount. However, as no defence was filed, nor was full payment received within the applicable time frame, the court granted a default judgment in ParkingEye’s favour. At this late stage, ParkingEye would be unable to accept an appeal and we require payment of the full outstanding amount.

We can confirm that £197 remains outstanding. Please find our payment information below.

If you wish to apply to have the judgment set aside then you can do so by filing an N244 form. Please note that such an application will require the payment of a court fee of £255 (payable to the court) and that there is no guarantee that the judgment will be set aside. This will also involve a hearing in front of a Judge.

Payment can be made by telephoning our offices on <removed> or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.

I'm very wary of applying to have it set aside without consent as, to be honest, I feel I'll lose based on what I've heard and end up no better off and £255 poorer. I cannot prove that I didn't receive their letters (even though I didn't as I was between addresses at the time) and I'm not in a financial situation where I can risk losing £255...then again it's also a rock and a hard place because if it isn't removed I'm in a tough spot as well.

Coupon-mad

So reply, giving your address for service and telling them to erase all old addresses and only deal with you by email and/or by letter to the correct address, which is (give it in full).  Tell them that you will be applying for a set aside and is it their final answer that they will not consent and reduce their potential exposure to your costs, taking it to £100?

Attach proof that you moved to the new address and tel them they failed to take any 'reasonable steps' to find you in 2017 so this seems to be a mandatory set aside situation (quote the CPRs about it so they know you've researched it).

GIVE THEM SEVEN DAYS TO REPLY AND IF THEY WON'T CONSENT THEN CONTINUE AND PAY £255 BECAUSE YOU ARE NOT GETTING IT, THIS IS NOT ABOUT DEFENDING THE PCN YET, THIS IS ABOUT SETTING ASIDE A DEFECTIVELY SERVED CLAIM AND REMOVING THE CCJ.   ]

YOU CANNOT JUST PAY IT OFF.  THAT DOES NOT REMOVE THE CCJ.

Read posts by @henrik777 to understand why a claim that was sent to an old address is defectively served if a C failed to check the address again (they can't just assume the DVLA address is still correct, months later).  

AND - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

1505grandad

".............a parking event that took place on 10/12/2020 at <removed because personal information> car park."

Is that your typo re date?

littlebitstuck

@Coupon-mad thank you very much for highlighting exactly what I need to do. I'll respond this evening in line with what you've advised to say to them. Thank you!
@1505grandad it's not my typo. Copy-pasted. It made me laugh also. Takes them 3 months to respond and they can't even type a date correctly...good to know time travel is in my future though.

KeithP

In this instance, 3 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.

ParkingEye thereafter issued a county court claim on 06/03/2017 to recover the outstanding amount.

After writing three letters and receiving no response at all they issued a County Court Claim to the exact same address that they had used earlier. Idiots.

Certainly very helpful to you that they have written that down.

Look after that letter.

D_P_Dance

Have you read this?  It may be useful if they take you to court.

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