CCj without knowledge parking eye

rosemorton95

Hi all, just an update. Many thanks to everyone for their help on here!!!  I was granted a set aside on the CCJ which is a huge relief as I genuinely had no idea about it. But I still have to face the next hearing.   I was granted a set aside because I knew nothing of it and supplied lots of evidence of my move in addition to the fact  I did make some payments. Also the claimant's rep did not explain their case very well he got confused himself with the times and terms of the car park and how long I parked, which frustrated the judge.

 I feel this was extremely lucky now.  It seems reflecting on their evidence that although I paid I allegedly did not pay the correct amount and overstayed by hours,  so I will lose the case. I am trying to figure out what  the better options are financially/realistically if I can win now I know what I know.  If I lose , I will have to pay their £150 solicitor costs, the original £257 and the cost of the second hearing, which will be around £500. Is there any chance I could win when I paid, so acknowledged the terms and tried to comply but didn't get it right and allegedly overstayed a lot? Most of these are scams but seems not in my case.

 Is there an option where I can avoid taking it to the next hearing and incurring further costs, and just pay the original amount which is  half what I will end up paying? I am a key worker and there is no chance work will give me another day off. 

Most importantly can anyone reassure me that If I fight it and lose the CCJ will not be ruled against me again as long as I pay the costs given on the day? (most important question at the moment)

Any help, thanks so much again. Anyone can contact me for help with the documents / electronic bundle prep/ telephone hearing.

Le_Kirk

Well done on removing the dark shroud of the threat of CCJ hanging over your head. Now you need to concentrate on a defence for the underlying claim.  Start with the particulars of claim (POC) on your claim form coupled with any PCN/NTKs that you have received when you submitted your SAR (assuming you did) and then read the standard template defence and adapt paragraphs 2 & 3 to counter what is in the claim.  The CCJ is dead and gone, it cannot be used against you.  If you lose the underlying case and providing you pay what the judge states and within the timescales stipulated by the judge, no further CCJ will be issued.  The amount of any PCN can only be £100 and the claim adds (typically) filing fees, hearing fees and (sometimes) solicitor cost - MAXIUM £200.
Do you have a date by when you need to submit a defence?

rosemorton95

Many thanks for your reply, big relief about the CCJ. So if I fight this case the best I can and lose then a £200 max or £200 plus the £100 PCN? I was thinking it was going to be more as today they asked for me to pay the solicitor £170 pounds, which the judge said no to but also said no when I asked them to reimburse my £255 fee, and with the original being something daft like 260. I have 28 days to file. 

It is a parking eye ticket so I can't use the same defence others use? My defence is basically about poor signage and about their right to issue tickets regarding the landowner.  . But given I paid they argue I accepted the terms and understood them but just didn't pay enough and overstayed so my chances probably aren't great. 

Le_Kirk

It is £200 MAX and that includes the PCN.  OK, didn't note it was ParkingEye.  There are a couple of other defences in the NEWBIE sticky that you can use.  What did the judge say about the £255?  Were costs reserved?  ParkingEye tend not to add spurious charges on but if they have use the standard defence template.  Looks like you are going to have to rely on signage and no landowner authority and the good will of the judge at the hearing.

Coupon-mad

Are you sure, if the images are hours apart, are you sure this isn’t a typical Parking Eye double dip situation?  Why are you assuming you are in the wrong?

Two visits same day? 

https://www.google.co.uk/amp/s/www.examinerlive.co.uk/news/west-yorkshire-news/parking-firm-shamed-unfair-overnight-17640923.amp

https://forums.moneysavingexpert.com/discussion/5550336/double-dip-parking-list-of-cases/p1

rosemorton95

Thanks all definitely didn't visit twice. All the payments I made on the app show I clearly did make any further payments and stayed late. They have offered to settle for £100 which is what the original charge was and I feel as I definitely  overstayed this will work out cheaper. Also as a keyworker I can't have more time off. 

Anything I should know, I have the email saying  they will close the claim if I pay within 14days. But how can I ensure this is true? Would that stand up in court if they persued, it is a without prejudice email but I think I can show that in court if it is as proof of settlement? 

D_P_Dance

They have offered to settle for £100 which is what the original charge was 

It is probably more that a LA ticket would be.  Personally I would let them take me to court. their signs are pants, read this

https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading/p

Coupon-mad

rosemorton95 said:

Thanks all definitely didn't visit twice. All the payments I made on the app show I clearly did make any further payments and stayed late. They have offered to settle for £100 which is what the original charge was and I feel as I definitely  overstayed this will work out cheaper. Also as a keyworker I can't have more time off. 

Anything I should know, I have the email saying  they will close the claim if I pay within 14days. But how can I ensure this is true? Would that stand up in court if they persued, it is a without prejudice email but I think I can show that in court if it is as proof of settlement? 

Yes you are safe to accept this, if this is your decision for pragmatic reasons.

Just checking, have they agreed to provide a consent order so that you can then get the CCJ set aside (paying yet another £100 to the court along with your N244 application) or are you within the 30 days to wipe a very recent CCJ?

You need to be sure the CCJ will be wiped.  Paying it doesn't achieve that if it's over 30 days ago that the CCJ was applied, at the date when you pay.

ParkingEye won't progress it or renege on this agreement, as long as you do this well within the timeline and don't push it by trying to leave it till the last day or later.

But please spare the time to come back here and get your revenge, so that no-one (including you) can get £100 PCN for this again.  The MHCLG current consultation findings from March 2021, say that they Goverment has decided that it should be lowest level - £50 with a 50% discount for overstays - and they just want to do a final technical Consultation to pin down when and in what circs the lower and higher levels will apply:

REALLY IMPORTANT PLEASE: 

The new (final) Government Consultation this Summer is something you must make sure you get your say in, given what you've been through.  

https://forums.moneysavingexpert.com/discussion/comment/78411172/#Comment_78411172

Please, please come back every week to check and make sure your voice - AND YOUR FRIENDS’ AND RELATIVES’ VOICES TOO -  is/are not missed from this final opportunity to take part in the Government Consultation, coming very soon!

rosemorton95

@Coupon-mad

Thanks, the ccj was set aside already at my hearing but the DJ gave me a few weeks to file defence as they are still perusing the original claim. They countered my settlement offer of 60 with 100. Just don't want to pay and then they say they are still taking me to court, and me not have filed defence thinking it is sorted. 

Presumably, if I have this email they are obliged to stick to it? They said I have 14days to accept. 

KeithP

rosemorton95 said:

Presumably, if I have this email they are obliged to stick to it?

Did you see this in CM's post?...

ParkingEye won't progress it or renege on this agreement, as long as you do this well within the timeline and don't push it by trying to leave it till the last day or later.