Very Old Parking Eye CCJ

henrykrinkle

I recently checked my TransUnion credit score on Credit Karma for the first time and noticed I had a County Court Judgement against me from October 2017. After emailing the court I found out that it was for 3 parking "tickets" issued by Parking Eye between May 2017 and July 2017.
I haven't lived at the address on the CCJ since March 2016 and so didn't receive any letters (or any other form of communication) about the issue. I've looked up all the charges on the Parking Eye website and none of them have any image evidence, there's just placeholder images that say "Image Not Found". I contacted the court and they sent me the following "particulars" of the claim:

CLAIM FOR MONIES OUTSTANDING FROM THE DEFENDANT, AS REGISTERED KEEPER, IN RELATION TO 3 PARKING CHARGES, ISSUED BETWEEN XX/05/2017 AND XX/07/2017, FOR PARKING ON PRIVATE LAND IN BREACH OF THE T+C'S (THE CONTRACT). PARKINGEYE'S ANPR SYSTEM, MONITORING RHEIDOL RETAIL PARK, ABERYSTWYTH, ABERYSTWYTH, DYFED, SY23 1LL, CAPTURED VEHICLE XXXX XXX ENTERING AND LEAVING THE CAR PARK, OVERSTAYING THE MAX STAY TIME. THE SIGNAGE, CLEARLY DISPLAYED AT THE ENTRANCE TO AND THROUGHOUT THE CAR PARK, STATES THAT THIS IS PRIVATE LAND, IS MANAGED BY PARKINGEYE LTD, AND IS A MAX STAY SITE, ALONG WITH OTHER T+C'S BY WHICH THOSE WHO PARK IN THE SITE AGREE TO BE BOUND. IN ACCORDANCE WITH THE T+C'S SET OUT IN THE SIGNAGE, THE PARKING CHARGES BECAME PAYABLE. NOTICE UNDER THE PROTECTION OF FREEDOMS ACT 2012 HAS BEEN GIVEN UNDER SCH 4, MAKING THE KEEPER LIABLE. THIS CLAIM IS IN REFERENCE TO PARKING CHARGE(S) XXXXXX/XXXXXX / XXXXXX/XXXXXX / XXXXXX/XXXXXX

To those people with experience and knowledge of these things, what course of action would you suggest? My wife and I were hoping to get a mortgage soon but I guess I can forget about that until this is sorted.
Any help and advice would be greatly appreciated. I've been reading through the sticky and the forum in general but feel like I'm drowning in information.

Thanks.

henrik777

It's very unlikely you could win an argument that they served you incorrectly given the relatively small time between date(s) of parking and the date of claim.

Therefore, as it appears your goal is to have it removed as it's a problem to you, i'd email parking eye and ask them if they'll consent to a set aside. They will probably only do so if you agree to pay the court fees and the amount of each claim.

You may be able to "win" a set aside but it's a retail park (Beavis) and what you'd "win" was a set aside and a tricky job to win in court. Not worth it.

Coupon-mad

Hi, three things:
1.  Read the NEWBIES THREAD 2nd post which, after the stuff about how to defend a court claim, has a section about setting aside a CCJ.
2.  Read any posts by @henrik777 the forum's set aside expert.  There are CCJ threads he has posted on right here on page one and two. YOU WILL GET IT SET ASIDE.
3.  Do this and get angry about it, even if you only have time to do the MHCLG Q&A that only takes 30 mins:

24 hours left - An urgent task – deadline is MONDAY!

Please now make a real difference:
The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED :

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

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

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

 

 

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!

There is a discussion about PAS submissions and what the pages look like, here:

https://forums.moneysavingexpert.com/discussion/6195417/am-i-doing-something-wrong/p1

 

 

 

henrykrinkle

henrik777 said:

Therefore, as it appears your goal is to have it removed as it's a problem to you, i'd email parking eye and ask them if they'll consent to a set aside. They will probably only do so if you agree to pay the court fees and the amount of each claim.

Thank you for the info. Do you have any advice on how to approach them to maximise the chance that they'll agree? Assuming they do agree, do you have any pointers on how to go through the process of getting it set aside? I'm assuming that, like all these kind of things, it isn't straightforward. Again, thanks for taking the time to respond.

Coupon-mad

You just need to click on henrik's username and read his posts, as all will be revealed as I said already, it's been done to death and reading henrik's posts WILL find other exact same ParkingEye cases.   

 But here is ParkingEye's legal team email:

enforcement@parkingeye.co.uk

But consultation answers first, please.

nosferatu1001

You will be expected to pay in full, the total judgement amount, and you will pay the fee for applying to the court (£100)
As long as they get their money they dont care
DO NOT PAY UNTIL YOU HAVE THIS AGREEEMENT. Should be an obvious thing to say, but bitter experience suggests otherwise...

D_P_Dance

When did you inform the DVLA of your change of address?

henrykrinkle

D_P_Dance said:

When did you inform the DVLA of your change of address?

I passed my test around the same time as moving house and remember going out of my way to make sure the address on my license was the new house, but I've since been told that it's the address in the car log book that they use, which is much more likely to have been incorrect.

Redx

Correct , you should have done both , each can carry a fine if up to £1000 for not doing so , because it's an offence in each case

You are lucky it's not council or police Penalties or prosecutions , which could have been much worse !!

Try for a with consent set aside , pay all the monies , including the £100 set aside fee , after reading all those set aside posts to get up to speed, but you require written consent first

henrykrinkle

Well I emailed them last October and I still haven't even received a response, so it looks like a set-aside by consent isn't possible. I've spoken to a lawyer and they said it was "likely" that the court would set aside the judgement (but they're also quoting me £400-500 to use them to handle the matter), but the replies in this thread seem to indicate that I'd have little to no chance. I'm extremely confused.

I can't really afford to spend over £200 on something that has a low chance of succeeding. This being the case, am I right that the best course of action is to just wait another 2-3 years for the CCJ to get removed from my credit record?

Coupon-mad

Yes, if you can live with that. 

If you'd not left it five months before replying here again you may have been able to get a discretionary set aside but now, you haven't acted promptly.