NHS appointment ParkingEYE CCJ Default Judgement Address - Second Address

lostCCJ

Hi,

Thanks so much for this forum!

I did a routine check using ClearScore and I have CCJ from 2018.  I had no idea - as I moved from an address.  I am so grateful for the reassuring words in the "Newbies" section and in all of these forums but I have a question that I can't find the answer to.  The only information I have is from the parking eye website (I overstayed a parking ticket 21 minutes) and the County Courts Business Centre who gave me a statement of the original claim (full text below) which includes the line "S THE CLAIMANT RECEIVED NO RESPONSETO CORRESPONDENCE, NEW CONTACT DETAILS WERE OBTAINED FROM A CREDIT REFERENCE AGENCY FOR THE DEFENDANT. THIS CLAIM IS IN REFERENCE TO PARKING CHARGE(S) XXXXXXXXX".  I have made a SAR request and contacted the NHS with a complaint.

I am worried about this last sentence and the need to demonstrate the CCJ paperwork wasn't served.  I had not updated the V5 at the time of the alleged offence.  Indeed, I didn't realise it wasn't updated automatically until reading these forums and so have only just done so - oops - I have now.  I have lived at three addresses since.  I have at no point received any of the documentation from ParkinEye LTD.

In my witness statement drafted by using this forum (thanks so much again!) I have the usual clause about not receiving documents.  But am obviously concerned by the claim that they have looked for a second address.  Will this clause not work now?  the only thing I can think of is to change it to something like this:  "Above entails, as per CPR 6.9 (4), that proceedings were not validly served because claimant was incorrect in assuming that this was my last known address.  According to their original claim, non-response the first address did motivate the claimant to seek another address (which they didn’t reveal in the original claim or when asked since) but non-response from this address did not motivate the same seeking action: to seek (the correct) current address. Therefore, they did not take reasonable, nor self-consistent,  steps to ascertain the Defendant’s current address. This leads to no service and thus they were not entitled to judgment and the court must set aside the claim."

I do think there's a reasonable defence against this - in particular, the NHS parking guidelines apply (requires a grace period (here 20 minutes of my 21-minute stay; more likely fines shouldn't be issues if treatment unusually delayed - I'd been waiting 2h for an appointment and was presumably in that appointment as the parking ran out); also I paid digitally via an app, I think?, for the ticket but they didn't provide a means to pay for the overdue parking digitally - surely this is entirely unreasonable!

Out of interest have they claimed the right thing on the CCJ?  I paid for parking but it ran out - surely this isn't 'without a valid paid parking ticket' - and is rather tie elapsed or similar?  Can it be argued on those grounds or is that just leaglaese?

Any and all advice/reassurance would be appreciated

Thanks!

CLAIM FOR MONIES OUTSTANDING FROM THE DEFENDANT, AS REGISTERED KEEPER, IN RELATION TO A PARKING CHARGE, ISSUED XX/05/2018, FOR PARKING ON PRIVATE LAND IN BREACH OF THE TERMS AND CONDITIONS (THE CONTRACT). PARKINGEYE'S AUTOMATED NUMBER PLATE RECOGNITION SYSTEM, MONITORING NHS COVENTRY BYRON STREET, STONEY STANTON ROAD, COVENTRY, CV1 4FH, CAPTURED VEHICLE XXXXXXXX ENTERING AND LEAVING THE CAR PARK, PARKING WITHOUT A VALID PAID PARKING TICKET. 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 PAID PARKING SITE, ALONG WITH OTHER T+C'S BY WHICH THOSE WHO PARK ON SITE AGREE TO BE BOUND. IN ACCORDANCE WITH THE T+C'S SETOUT IN THE SIGNAGE, THE PARKING CHARGE BECAMEPAYABLE. AS THE CLAIMANT RECEIVED NO RESPONSETO CORRESPONDENCE, NEW CONTACT DETAILS WERE OBTAINED FROM A CREDIT REFERENCE AGENCY FOR THE DEFENDANT. THIS CLAIM IS IN REFERENCE TO PARKING CHARGE(S) XXXXXXXXX

lostCCJ

Also is it too ridiculous to suggest that they could have established that this was in fact a dead/valid address by sending something recorded delivery to it?!

D_P_Dance

Make a complaint to your MP, ISTR that rs ay promised to put a stop to this nonsense. 

Le_Kirk

D_P_Dance said:

Make a complaint to your MP, ISTR that rs ay promised to put a stop to this nonsense. 

Did you mean: -

Make a complaint to your MP, ISTR that rs ay Mrs May promised to put a stop to this nonsense. 

Le_Kirk

Therefore, they did not take reasonable, nor self-consistent,  steps to ascertain the Defendant’s current address.

What is this supposed to mean?  Just "consistent" would do it.

Redx

If you have a CCJ then at the moment the parking details and PCN and grace periods etc do not help you at all

Your priority is to focus on incorrect service of papers , no trace done to establish your correct address and you were there to be found. Until a set aside is granted you cannot defend the original PCN and claim

This has been covered numerous times in other threads on here about CCJ issues , read a dozen or more recent ones from 2020

Once you have a set aside , you can defend the original claim but you will need to draft a defence , a witness statement and any evidence for the set aside hearing , most are granted so afterwards the real work starts

Read the thread by Ferrybird

Ps , there was a recent Parking Eye case where parking eye complained about them not checking for a new address and admitted they hadn't done it , not there authority to complain about it , it's the DVLA that have that right , not Parking Eye !!

The fact is they should have initiated a trace , if they didn't , they failed , because it's a common and known issue they should have pre empted with a trace

Coupon-mad

It's fine, carry on and show that in fact you were at xxxxx address and were 'there to be found' so if the Claimant had carried out further steps beyond that sounds like a very basic financial trace carried out just once, they could have found your current address.

Why do patients have to pay to park at this NHS Centre?

lostCCJ

Thanks so much - I was worried about the claim of having sought a second address and that making it moot but I will read all the above!  I thought I had but thanks for the signposting - I appreciate it

I'll send an MP complaint
Coventry has always charged for its NHS car parks, alas!

lostCCJ

Redx said:

Read the thread by Ferrybird

Hi @Redx - thanks so much for this; I'd read Ferrybird before - it seems that in their case, they didn't get the mandatory set aside because the judge didn't accept the single address - here they're saying they tried to access two addresses - albeit no material was received so they must have been wrong!  I'll try and find the ParkingEye case you refer to and hope that applies.

lostCCJ

Coupon-mad said:

It's fine, carry on and show that in fact you were at xxxxx address and were 'there to be found' so if the Claimant had carried out further steps beyond that sounds like a very basic financial trace carried out just once, they could have found your current address.

Why do patients have to pay to park at this NHS Centre?

This is really helpful - thank you - I'll make sure that I make this argument; it seems that some people get by with these arguments and others don't!  Is it really just down to luck?!

Coupon-mad

The very fact they had two addresses meant they couldn't be certain which (if either of them) was correct, and shows they had not taken every step.

Also, if you don't get the mandatory set aside, if you show you have a reasonable prospect of defending the case you have the second chance at a set aside anyway.