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Parking Eye unknown CCJ set aside help

Good Morning,

I Am looking for some advice regarding a newly found CCJ issued to a past address. Last week i performed a credit check after being told i wpuld not be accepted for a credit card. Having had no issues before i quickly found that i had a CCJ against my name that i had no idea about. I contacted Northampton and received the details last Monday 23rd. The Parking ticket relates to a hotel car park where i was on business with a number of others on the 29/01/19. Having checked with one of the other colleagues they received a Parking charge notice but had this overturned as we were customers at the hotel having a meeting

I did not receive any of the correspondence as i had moved out of the address. We briefly moved in with my partners parents before moving into our new permanent address in March. My vehicle log book was not updated until August of 2019 due to an error on my part , i did however update my driving license (not sure if that's at all relevant)

Having read the newbies thread i want to get this set aside , but i am wondering where i stand as i didn't update the log book. However the fine was not justified and i never received any documentation from Parking Eye or court documents. Any help would be greatly appreciated

Many Thanks
«134567

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Having read the newbies thread i want to get this set aside , but i am wondering where i stand as i didn't update the log book.
    That's the same as EVERY CCJ set aside thread.  Literally all of them.  Everyone gets a set aside.

    The Parking ticket relates to a hotel car park where i was on business with a number of others on the 29/01/19. Having checked with one of the other colleagues they received a Parking charge notice but had this overturned as we were customers at the hotel having a meeting.

    URGENTLY email:
    (a) the Hotel and ask them to email ParkingEye now, confirming that you were a patron and that the CCJ must be set aside.

    (b) ParkingEye enforcement team to tell them the above and ask that they consent to set aside the CCJ.   They will.

    enforcement@parkingeye.co.uk



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  • Thanks Coupon Mad - I have contacted Parking eye to ask for the set aside and will contact the hotel - can i ask is it assumed if they set aside by consent that I will pay the fine?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
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    Not necessarily and that is why you must urgently get the Hotel to email ParkingEye, to confirm you were a patron who they do not support being penalised.  P/Eye either offer to settle for £60, or cancel PCNs altogether, when the landowner asks.  You need that email and ask to be copied in yourself - don't just leave it with the Hotel and trust them to email P/Eye or you could wait too long.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • frew198
    frew198 Posts: 26 Forumite
    10 Posts Name Dropper
    Hi , 
    The hotel spoke to parking eye who essentially said it was my issue to pick up with he court . The hotel have agreed to email me confirmation that i was a patron of the hotel using the car park at that time - will this be of use? Would you suggest i contact Parking eye again with this email?

    Thanks
  • frew198
    frew198 Posts: 26 Forumite
    10 Posts Name Dropper
    Parking eyes response after asking for the claim to be set aside by consent below - seems they have ignored where i asked about consent - i have obviously emailed them again. Also received email confirmation from the hotel that i was using their premises at the time while parking. The fee they mention below is also not the fee lodged in the CCJ which is £197

    hank you for your correspondence received in relation to the above referenced Parking Charge, which was issued following a parking event that took place on 29/01/2019 at Cedar Court Hotel, Huddersfield car park.

     

    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, 4 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 07/05/2019 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 £267 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.

     


  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 30 November 2020 at 5:39PM
    Looks like you will have to pay the £255 for a contested set aside , then fight the original court claim afterwards , so 2 hearings

    In other words , they have not consented to a £100 with consent set aside , nor agreed to pay for a set aside

    So the landowner confirmation is crucial here

    The ball is back in your court
  • frew198
    frew198 Posts: 26 Forumite
    10 Posts Name Dropper
    Thanks Red i assume here i am arguing 1. I didn't receive any correspondence as I had moved address and 2. I was a patron at the hotel and should not have received the notice i.e i have a reasonable case for a defence?

    I'm sorry to ask but the newbies thread links to legal beagles template which i cannot get to work after signing up over there . Are there any templates that I could look at or am i doing something wrong here?

    Many thanks
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 30 November 2020 at 7:21PM
    I suggest you read a dozen recent set aside CCJ threads where the grounds have been discussed to death , especially reading posts by henrik777 etc

    My experience is that complainants regarding links etc are invariably doing something wrong , possibly on their devices or through a lack of IT skills , or both , so normally it's user error

    Use a laptop to check links , never use a phone
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 30 November 2020 at 7:22PM
    frew198 said:
    I'm sorry to ask but the newbies thread links to legal beagles template which i cannot get to work after signing up over there . Are there any templates that I could look at or am i doing something wrong here?

    You appear to be doing something wrong. 

    Click on that link in the NEWBIES thread and you will instantly see the SAR template. No need to sign up over there.

    Copy and paste the template into your favourite word processor and adjust to suit.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 30 November 2020 at 7:31PM
    Email ParkingEye again, obviously, showing them the new information about the Hotel confirming that you were a patron all along and that other people had theirs cancelled that day.  Which you would have done, had you known about it but it is a fact that P/Eyes letters and claim were defectively served so you are asking again, for those two reasons, will they consider consenting to set aside the CCJ because you are otherwise going to apply to the court, pay £255 and ask that ParkingEye are ordered to refund that, due to their part in this debacle. 

    Remind them that a defectively served claim, where a Claimant made no attempt to double check the (well known to be unreliable) DVLA address, falls within the CPRs as a mandatory set aside and that they have a duty under CPR1 to observe the overriding objective.  So you ask that they come back to you within seven days about the terms under which they will consent to this set aside, given you have not only got evidence for the court of defective service but also, evidence that you should have been exempted all along so the PCN had no merit from the outset. 

    It was ParkingEye's system between them and the hotel that suffered from a breakdown in communication and a lack of signs indoors at the Hotel that a guests would be 'bound to see'.  In this respect, and due to the lack of legitimate interest, the claim is clearly defendable and without any cause of action or merit, and the ParkingEye v Beavis case is fully distinguished.
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