Set aside with consent - Parking Eye

AliceNich

Hello. Has anyone here successfully had a CCJ from ParkingEye set aside with consent? 

I have just found out that a CCJ has been granted against me in March this year. I had no knowledge of the PCN issued or Court summons as it was sent to an old address. I updated my driving licence when I moved but did not update my V5C so I don’t think I would be granted a set aside without the consent of Parking Eye due to the Court potentially seeing the papers being sent to an old address as my fault. 

I have sent a SAR to ParkingEye and, assuming they have followed processes correctly, I intend to ask them to consent to a set aside. 

I have read threads on here regarding how to go about this and costs involved, but I was wondering if many people have actually been successful in being granted the consent? Thank you! 

nosferatu1001

Yes. Enforcement@ to ask. 

When was the parking notice issued? When did they file the claim?

AliceNich

Thanks for the reply. I believe they first contact the Court on 29/10/2019 and a CCJ was granted on 24/02/2020. I have no details about the date of alleged parking contravention or when they sent out the first PCN notice as I didn’t receive them due to moving (requested this information via a SAR yesterday and awaiting a response from ParkingEye). Have you had them agree to consent? 

nosferatu1001

I've not had them but, from your searches on the forum, you'll have found out they accept consented set asides. Have you contacted them?

AliceNich

Yeah, they have been known to but I don’t know how often/likely this is. I have not yet asked them as I’m awaiting a response to the request for information so I can check correct procedures were followed (if they weren’t I may be able to contest the fine itself via a court hearing and achieve a set aside that way). 

nosferatu1001

You can't do that. You'll be out of time to set aside. Email them now asking about consent. 

You don't seem to know how set aside without consent works. You have to show either a failure to serve - which you can't, based on the above - or another good reason. Trouble is the second has strict time limits and waiting on a sar puts you outside this. 

AliceNich

Thanks for the comment. I have researched it quite extensively and I would not be out of time should I be able to prove that I have a reasonable chance of defending the claim (e.g. the initial PCN was sent after the 14 day window under keeper liability). There is not necessarily a time limit for this provided the CCJ remains active, though I am aware I would need a stronger defence based on how much time has passed. The purpose of the SAR is to obtain all information from ParkingEye relating to my PCN/CCJ so that I am informed on how to proceed.

 I appreciate that a set aside with consent will most likely be my best option and I posted simply to ask if anyone had any success with this. 

Le_Kirk

Check your research again, you need to apply for a set-aside promptly upon discovering it.

Coupon-mad

Loads of people have because ParkingEye do consent to set asides and they have their own form of consent.  

Use the enforcement@parkingeye.co.uk email address if this is really what you want to do, but if the parking event pre-dated your move then not updating the V5C would not have changed anything because parking firms can only ask once.

AliceNich

Le_Kirk said:

Check your research again, you need to apply for a set-aside promptly upon discovering it.

I only discovered it on Monday. I was not aware of it until I checked my credit score. 

AliceNich

Coupon-mad said:

Loads of people have because ParkingEye do consent to set asides and they have their own form of consent.  

Use the enforcement@parkingeye.co.uk email address if this is really what you want to do, but if the parking event pre-dated your move then not updating the V5C would not have changed anything because parking firms can only ask once.

Thanks for your reply. It definitely occurred after I moved because it allegedly relates to a street in my current city. I know I should have updated my V5C so appreciate not receiving the letters could be seen as my fault.