Parking eye CCJ

ys1990

I received a parking eye letter in early 2020 saying I overstayed in a carpark. The signage stated 30 mins free parking. Initially it was just going to be a quick trip but I could soon see that it was going to take longer than anticipated, so I went online and paid for 2 hours worth of parking. In my mind that allowed me a total of 2.5 hours in that carpark when you add the 30 mins free parking that is offered. 
I stayed for 2 hrs 28 mins and parking eye are saying I overstayed by 28 mins as I only paid for 2 hours.

I appealed with them initially to which they declined the appeal. At this point everything kicked off with lockdown and covid and I was juggling homeschooling aswell, the fine slipped my mind.  Almost 9 months later I got correspondence from a court. My mental health had deteriorated considerably in this time (I suffer with depression) and honestly I just couldn't face dealing with anything at the time. I didn't hear anything more of it so assumed it just was scare tactics. I have recently looked at my credit file and have noticed a CCJ on there for this parking fine. 

Should I pursue a 'set aside?' Then fight the fine now that my mental health is more stable or is it something that I just just accept and pay to get the ccj 'satisfied'? I have read the newbie threads but I am still unclear as to whether I am right in thinking that the 30 mins free parking is in addition to any further parking time you pay for... otherwise its not free? 

Many thanks

nosferatu1001

Depends entirely and totally on what the signs say
If it says - up to 30 min FREE
up to 2 hours - £2
Then you can stay for 2 hours for £2

As you will have read on the Newbies thread, you are required to state the reasons why you should be allowed to get judgment set aside. Mandatory reasons, CPR13.2, or discretionary under CPR13.3 
You cannot apply under CPR13.2
CPR13.3 is tricky, as you will have to explain that you ignored a claim form from the court, yet you promise that this time you will definitely not waste the courts time. 

Redx

Paying it in full will mark it satisfied , but will still affect your credit rating for 6 years !! So paying it will not remove it

If you accept the PCN is valid and are not contesting it , you can ask Parking Eye for a £100 set aside with consent , where you pay the CCJ plus pay the £100 fee. This would allow your credit rating to go back to normal

KeithP

But even a set aside with consent isn't automatically granted.
With correctly served documents being ignored, it is far from certain.

nosferatu1001

Indeed, which is why I'm looking for inspiration
I think COVID related MH issues may cut it - @Coupon-mad what do you think?

Coupon-mad

I would email ParkingEye and see if they will consent to set aside.  Also complain to the landowner/retail park (whatever it was) and ask them to treat this as a complaint about their parking firm, and could they please ask ParkingEye to consent to set aside and cancel the PCN under the circumstances.

They might not, but you can try that 2 pronged approach first. Email for ParkingEye is:

enforcement@parkingeye.co.uk

However, I would contact the landowner first as long as you don't leave contacting P/Eye longer than the end of this month, whether you get a supportive response from the landowner or not.  Don't let it slide.

Redx

Advice as above then , with covid and MH and depression as discretionary reasons etc , hoping for a sympathetic judge , but you need landowner consent plus PE consent , asap , or sooner , before testing that £100 water

I do not think you have any chance in court at fighting the original claim , especially after ignoring all the paperwork , if those signs were as Nosferatu opined earlier

You should have sought our help much earlier when it could have been much easier to get the PCN cancelled , or paid a reduced charge if bang to rights , but that's a lesson for the future now, so no more hiding head in sand from thi point forward

So landowner reply asap , plus parking eye consent , then set aside if agreement is reached by all parties , then pray for a sympathetic judge who wants an easy rubber stamped case