Set aside with consent - Parking Eye

KeithP

AliceNich said:

KeithP said:

AliceNich said:

I know I should have updated my V5C so appreciate not receiving the letters could be seen as my fault. 

Alternatively, because ParkingEye received absolutely no response to letters sent to your old address, they should've checked to make sure that they had a good address for you.

Thank you. This is how I feel but I’m doubtful that this would hold up in front of a judge as legally they only have to send info to your last known address as recorded by the DVLA.  

No, that's not true.

Civil Procedure Rules state otherwise.

CPR 6.13(3)&(4) states:

(3) Where the applicant has reason to believe that the respondent no longer resides at his usual or last known address, the applicant must take reasonable steps to ascertain the current address of the respondent.
(4) Where, having taken the reasonable steps required by paragraph (3), the applicant –
(a) ascertains the respondent's current address, the application must be served at that address; or
(b) is unable to ascertain the respondent's current address, the applicant must consider whether there is –
(i) an alternative place where; or
(ii) an alternative method by which,
service may be effected.

So, if the Claimant has 'reason to believe' the Defendant no longer lives at their last know address - which would surely be the case if no response was ever received - then the Claimant must take 'reasonable steps' to find out their current address.

Of course, those 'reasonable steps' might be to search all those places you mention - "my licence, council tax, transferred utilities, billing address, car insurance, joined the electoral role etc".

AliceNich

KeithP said:

AliceNich said:

KeithP said:

AliceNich said:

I know I should have updated my V5C so appreciate not receiving the letters could be seen as my fault. 

Alternatively, because ParkingEye received absolutely no response to letters sent to your old address, they should've checked to make sure that they had a good address for you.

Thank you. This is how I feel but I’m doubtful that this would hold up in front of a judge as legally they only have to send info to your last known address as recorded by the DVLA.  

No, that's not true.

Civil Procedure Rules state otherwise.

states:

(3) Where the applicant has reason to believe that the respondent no longer resides at his usual or last known address, the applicant must take reasonable steps to ascertain the current address of the respondent.
(4) Where, having taken the reasonable steps required by paragraph (3), the applicant –
(a) ascertains the respondent's current address, the application must be served at that address; or
(b) is unable to ascertain the respondent's current address, the applicant must consider whether there is –
(i) an alternative place where; or
(ii) an alternative method by which,
service may be effected.

So, if the Claimant has 'reason to believe' the Defendant no longer lives at their last know address - which would surely be the case if no response was ever received - then the Claimant must take 'reasonable steps' to find out their current address.

Of course, those 'reasonable steps' might be to search all those places you mention - "my licence, council tax, transferred utilities, billing address, car insurance, joined the electoral role etc".

Thank you! You’ve all been amazingly helpful. Honestly, I think I’m going to ask for a set aside with consent as I need this to go away as soon as possible so I can be approved for a mortgage without having to renew my tenancy for another 12 months. Should I include this information in my request for consent from ParkingEye to set aside? I’m unsure whether this would help my situation (get them to grant it) or just !!!!!! them off? 

AliceNich

By the above, I mean include info about them making reasonable checks, not about me needing to get a mortgage approved! 

Coupon-mad

That's not Parking Cowboys - stop reading their stuff  (website and 'advice' there is out of date). 

My link was not to them, and never is.  It was to the Prankster's Blog and the press release was what you were meant to read, to see that what your specialist said was b0ll0cks. 

Don't ring people like the National Debtline!  Out of interest, what other rubbish did they say?

Were_Doomed

AliceNich said:

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. 

And by the time the SAR data comes back you'll be out of time for an uncontested set aside! They have 30 days (I think) within which to service a SAR and return data ... an uncontested set aside needs to be applied for within 2-3 weeks of discovering the CCJ.

AliceNich

Sorry, @Coupon-mad. I did mean to say Pranksters (I’m sat with a toddler on my knee and posted without checking what I’d said). 

Ah really? They basically told me that I would lose if I applied for a set aside via a hearing and advised to pay it off in instalments if I can’t afford it and add a notice of correction to my credit file. As you know, neither of these will remove the CCJ from my credit file so they were completely unhelpful. I was also on hold for 3 hours. 

Coupon-mad

That was pretty terrible advice. Find out what you can by emailing P/Eye's enforcement team and you will then know more.

nosferatu1001

That's rubbish
if you have an uncontested set aside there is no hesring, for a start. And we've never seen a with consent turned aside

AliceNich

Is anyone free to check this over for me? It’s just a draft. 

To Whom It May Concern, 

 

This week I discovered, when checking my credit report, that a County Court Judgement has been issued against me relating to an unpaid parking ticket from ParkingEye. On Tuesday (10.11.2020), I contacted Northampton County Court Business Centre and was advised that this CCJ had been issued on 24.02.2020 and totalled £197. 

 

Having moved address on 29.08. 2019, I did not receive a Notice to Keeper from yourselves or any other documentation from ParkingEye or Northampton County Court; I can now only presume that this is because this information had been sent to my previous address in Liverpool. For this reason I am unable to supply a PCN reference number, though I am confident you will be able to identify me from the information provided at the top of this email. 

 

Civil Procedure Rules state that, ‘(3) Where the applicant has reason to believe that the respondent no longer resides at his usual or last known address, the applicant must take reasonable steps to ascertain the current address of the respondent. (4) Where, having taken the reasonable stepsrequired by paragraph (3), the applicant – (a) ascertains the respondent’s current address, the application must be served at that address; or (b) is unable to ascertain the respondent’s current address, the applicant must consider whether there is – (i) an alternative place where; or (ii) an alternative method by which, a service may be effected’. 

 

As I had updated my driving licence, utilities, council tax, vehicle tax, car insurance policy, car finance agreement and billing address to reflect my new address and joined the electoral roll in my new city, all of which I can evidence, this indicates that ParkingEye did not take ‘reasonable steps’, as required by the above, to ascertain my current place of residence and instead relied solely on V5C information held by the DVLA. 

 

However, at this stage, the purpose of this communication is not to dispute the £197, but rather request that ParkingEye consents to the set aside of the CCJ. I acknowledge that I would bear the £100 cost of the Court application to do so and that I would be required to pay the £197 in full if and whenthe set aside is granted. 

 

Please can you remove the address noted at the top of this email from your records as, as mentioned, I no longer live there and so will not receive any further communication sent to this address. 

 

I look forward to your reply. 

Yours Sincerely, 

 

Coupon-mad

However, at this stage, the purpose of this communication is to request that ParkingEye narrow the issues and:
(a) provides me with a copy of the PCN and other letters
(b) explains the reason for the parking charge and the contract terms that you allege was breached, and 
(c) advises me of the terms under which your company would consent to the set aside of the CCJ, should (a) and (b) be established to my satisfaction. At the moment, I cannot make an informed decision about the parking charge and even if it is shown to be valid, I need to know whether you are prepared to consider a settlement, for example the £60 reduced sum that would have been on offer, had I known about your charge. 
I acknowledge that - unless the CCJ has ben issued in error (e.g. due to ANPR error, such as a double visit) I would bear the £100 cost of the Court application to do so.   and that I would be required to pay the £197 in full if and when the set aside is granted. 

 

Remove that last line above because you are asking THEM what they would accept to settle it, not assuming it's £197!

Also you MUST give your new address if requiring them to erase the old one:

Please can you remove the address noted at the top of this email from your records as, as mentioned, I no longer live there and so will not receive any further communication sent to this address. My new address for service is:
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