Applying for a CCJ Set aside from Parkingeye Motorway Services overstay Parking offence

jonx12

Hey everyone, I've been a long time reader of these forums as I have fought off a few private parking charges in the past so thank you to every contributor and the newbies thread which has made this process a lot easier! Unfortunately one slipped through the gaps a couple years ago...

The Parking offence:
I was very tired driving down to London, went into a service station to get a coffee ended up falling asleep in the car for a few hours and overstaying the supposed parking time limits. The claimant is Parkingeye. Date: 07/12/2019 time of issue 20:58 (I'm not sure whether this was my time of arrival or when I left / went over the time limit).

Why I'm applying to set aside:
On the 1st November 2019 I had moved addresses and prior to changing my DVLA address they got my old address and only ever sent me letters there which I never received. I found about the CCJ June 2021 (I rarely use credit so don't often check my credit report). Upon finding out I emailed parkingeye and they responded saying that they'd sent 4 letters, then issued a county court claim on 28/09/2020 and the court filed in their favour. A CCJ for £267 was issued on 27/10/2020 after non payment. They also said the claim was with Direct Collection Bailiffs Ltd and any further queries should be to them. 

I emailed Parkingeye & DCB to agree to a consent order if I pay the full amount but they haven't responded so now I need to apply to set aside. My understanding from reading these forums is I need to fill out an N244 and include a witness statement, draft order and some form of defence (to show the claim is defendable). I have completed all these.

Personally, I just want to have the CCJ set aside and I'll pay the parking penalty as I don't have time to go through the rigmarole of the defence process, the important part is getting the judgement set aside.

My questions:
1) How important is it that I include a part about the claim been defendable & if it is essential what defence statements should I make as I'm not confident that falling asleep is a valid reason for overstaying - perhaps I could say the signage was bad / it was dark? 

2) I found out about the CCJ and emailed Parkingeye on 17 June 2021, I'm only getting round to apply to have the judgement set aside now due to work commitments tying up a lot of my time over the past few months. Is there any way I should mention the time discrepancy so it's not looked upon unfavourably? 

peter_the_piper

Did you not receive correspondence from them? Have you moved and not notified the DVLA (both for car and driving license (separately) or just ignored them?

jonx12

I moved on 1 November 2019 and I'm not sure when I updated my DVLA address but i have an email from them confirming my drivers license application on 19 Nov 2019 - it doesn't include my address but I'm pretty sure I used this application to change my address. 

@mod - Please can you move this thread to the Parking tickets forum, just realised I've posted it in the motoring forum. 

jonx12

@peter_the_piper
I just managed to check on the DVLA with the reference number I had on the email and it was an application to change address on 19 Nov 2019 so perhaps Parkingeye knowingly used my old address? I'll include this evidence with my application to set aside. 

KeithP

jonx12 said:

@mod - Please can you move this thread to the Parking tickets forum, just realised I've posted it in the motoring forum. 

I don't think that request will have the desired effect.

Perhaps you should email forumteam@moneysavingexpert.com and ask them to move your thread to the Parking Tickets, Fines & Parking board.

Car_54

jonx12 said:

I moved on 1 November 2019 and I'm not sure when I updated my DVLA address but i have an email from them confirming my drivers license application on 19 Nov 2019 - it doesn't include my address but I'm pretty sure I used this application to change my address. 

@mod - Please can you move this thread to the Parking tickets forum, just realised I've posted it in the motoring forum. 

The address on your licence is irrelevant. It's the one on the V5C that matters.

MSE_ForumTeam5

We've moved the thread for you.

jonx12

@Car_54 I'm not sure when I updated my V5C address after my home move - is there any way I can find this out? I'll check my log book when I get home this evening. I'll assume that it wasn't updated when Parkingeye issued their first letter / claim then but I'll still use the drivers license address change evidence to back up further alongside my tenancy agreement, utility bill at new address etc that I wasn't at the address they issued anything to.

Coupon-mad

The V5c has the date it was printed, bottom left I think.

If you really don't want the hassle then follow up PE for set aside with consent and offer £60 and see what they say.

enforcement@parkingeye.co.uk

KeithP

jonx12 said:

I'm not sure when I updated my V5C address after my home move - is there any way I can find this out?

Look at your V5c for the Doc Ref number. There is a date following it.

On my V5c it's at the bottom of the second page in a box headed "Official use only. Do not write in this space".

The first line format is an eleven digit Document Reference Number followed by a dd mm yy date.

That is the date that your V5c was last updated.

jonx12

Coupon-mad said:

The V5c has the date it was printed, bottom left I think.

If you really don't want the hassle then follow up PE for set aside with consent and offer £60 and see what they say.

enforcement@parkingeye.co.uk

I did try and offer that unfortunately they didn't respond after their initial response.