How to get a CCJ From parking eye set asside

KeithP

canonman said:

KeithP said:

The usual reason for people not hearing about these things is because they have failed to keep their vehicle Registration Document (V5c) up to date.

Or maybe the vehicle a hire car, leased car, company car or motability car - where the registered keeper is not yourself?

I need to be able explain i dont have any information for the claim! 

You have an address for ParkingEye.
You have an address, telephone number and reference for DCB Legal.
You have a County Court Claim Number.

Why are you not getting information about the claim?

canonman

Umkomaas said:

First PE/DCB Legal judgment in default I've seen. It won't have been a toll bridge, PE aren't involved in those. 

A SAR will determine when and where the original parking charge was incurred and which address was used for its notification, but time is not on your side for that. 

You can either pay off the judgment by the deadline set (avoiding a credit trashing unsatisfied CCJ), then apply for set aside, with time to receive the SAR results .... or

Don't pay the judgment, but apply for set aside now which won't be dealt with before the CCJ affects your credit rating. Bank on the set aside being upheld (should be automatic if the court claim was served on a defective address) which will result in the CCJ being expunged, your credit rating repaired, allowing you ultimately to defend a new claim from PE (if they decide to have another shot at it). 

I'm sure others might want to add further advice/options on this. 

Thanks for this. I will go with the option for it to be set aside, as they are using an old address etc...

Is there any advice you can give for section 10 of the N244 in how to supply evidence. Should I just explain I have had no information of this claim or any paper work regarding this, that there is no way to contact then other than email and a premium rate line , and I have moved address please see Mortgage documents etc... Is this the best way to tackle it. 

Do I send these documents back to the court and how do I go about paying for it. Do they come back to me once they have the documents etc ... Thanks 

KeithP

canonman said:

Umkomaas said:

First PE/DCB Legal judgment in default I've seen. It won't have been a toll bridge, PE aren't involved in those. 

A SAR will determine when and where the original parking charge was incurred and which address was used for its notification, but time is not on your side for that. 

You can either pay off the judgment by the deadline set (avoiding a credit trashing unsatisfied CCJ), then apply for set aside, with time to receive the SAR results .... or

Don't pay the judgment, but apply for set aside now which won't be dealt with before the CCJ affects your credit rating. Bank on the set aside being upheld (should be automatic if the court claim was served on a defective address) which will result in the CCJ being expunged, your credit rating repaired, allowing you ultimately to defend a new claim from PE (if they decide to have another shot at it). 

I'm sure others might want to add further advice/options on this. 

Should I just explain I have had no information of this claim or any paper work regarding this, that there is no way to contact then other than email and a premium rate line...

What??

The Claimant's solicitor offers a local rate telephone number.

The County Court Business Centre offers a local rate telephone number.

Both of which are clearly stated on your Judgment notice.

Apart from that, what's wrong with email?

Coupon-mad

canonman said:

The problem is i cant tell you what the particulars of the claim are, thats the issue i am facing.

I assume its myself or the wife have parked or used a toll bridge and not paid, but this is where i stuggle. I need to be able explain i dont have any information for the claim! 

NIGHTMARE 

Yep.

Probably due to post strikes causing a batch of December court claims from the CCBC to go missing.  I think we will see more of these.  I don't think the CCBC have yet sussed the extent of the problem that I think happened on December.

Same as @Sasanova, who has already done their N244 and witness statement this month.  You must have missed that thread when you searched the forum and read similar CCJ set aside threads.

What was the very first thing we advised Sasanova to do. to get a copy of the Particulars of Claim?  I'll leave you to find their thread and read it (to the very end because only the latest posts are about the CCJ) to find out, because it's all already been said and done on their thread last week...

Should I just explain I have had no information of this claim or any paper work regarding this, that there is no way to contact then other than email and a premium rate line...

No.

Just search the forum & firstly read a dozen recent CCJ set aside threads to see what they sent to the Court.

They all start by looking at the examples shown in the CCJ set aside section already in the NEWBIES FAQS thread.

NB:
You must act promptly.  Copy what Sasanova did.


P.S.  It is not a fine and ParkingEye don't operate 'Toll Bridges.'  This isn't a real penalty from an authority!

They are a private firm who run the 'PCN machines' (ANPR cameras) at retail parks and Hospitals, and at the odd pub or hotel and your PCN will most likely be about staying too long shopping last year somewhere.

You don't PAY of course.

Le_Kirk

This is where I am stuck. I knew nothing of this until I got the CCJ. my only defence is i have moved since this was issued. January 18th 2023 is when it was issued, I moved address beginning of December 2022.

You must have had something - a PCN/NTK - before December 2022 as otherwise the timescale does not compute, you have a judgment in default because you failed to respond to a N1 court claim form; this suggests your claim form would have been sent in November and this is normally after the PCN and reminders and debt collector letters.  Any other post at your old address?  Was your V5C in the correct address at beginning of December, before you moved?

canonman

So I have just emailed Parking eye to ask for all information held on me regarding this fine. Once i have this information i will then be able to make a better defence. I have moved address but i don't think personally it matches the timeline. Can one deffence be you never actually received any of the paper work. With the Royal Mail strike action how can they prove they sent me anything. Unless it was special/signed delivery.

Coupon-mad

canonman said:

So I have just emailed Parking eye to ask for all information held on me regarding this fine. Once i have this information i will then be able to make a better defence. I have moved address but i don't think personally it matches the timeline. Can one deffence be you never actually received any of the paper work. With the Royal Mail strike action how can they prove they sent me anything. Unless it was special/signed delivery.

You cannot just do that and sit & wait a month.

You have to put in your N244 application.  I did explain that a requirement is to act 'promptly'.

canonman

Coupon-mad said:

canonman said:

So I have just emailed Parking eye to ask for all information held on me regarding this fine. Once i have this information i will then be able to make a better defence. I have moved address but i don't think personally it matches the timeline. Can one deffence be you never actually received any of the paper work. With the Royal Mail strike action how can they prove they sent me anything. Unless it was special/signed delivery.

You cannot just do that and sit & wait a month.

You have to put in your N244 application.  I did explain that a requirement is to act 'promptly'.

Hi Coupon. 

Thanks for getting back to me. I did read the thread from Sasanova but I am still stuck. From what I could see she knew what one of the parking fines where for thus was able to make a defence using the template. I thought by asking parking eye what they are claiming for would help me make a defence?

I feel really stupid here or am I missing something ? 

Also for the N244 do I need two copies. One two parking eye. The other to the court. 

Thanks for all the help. 

Coupon-mad

The N244 (and attached documents) just goes to the CCBC.  Promptly!

You can always hold back the Draft Defence for now, and say in your Witness Statement that a Draft Defence will be supplied before the CCJ set aside hearing, once the Claimant has sent information requested to understand the claim.

canonman

Coupon-mad said:

The N244 (and attached documents) just goes to the CCBC.  Promptly!

You can always hold back the Draft Defence for now, and say in your Witness Statement that a Draft Defence will be supplied before the CCJ set aside hearing, once the Claimant has sent information requested to understand the claim.

I will get this done today, thanks for your help. Would you send the document signed for to the CCBC?