Parking Eye CCJ Help Needed

MichielC

I have recently found out about a parking fine from parking eye that has escalated to a CCJ ( offence in 28.2.23 / Judgement 23.6.23 and only found out today 5.9.23) - I have been going through a divorce over the last year (logged with civil courts) that has since been reconciled and i have only recently become aware of this parking CCJ situation via my Experian credit file  - I have since found out that when my wife received the letters ( I was not living at home) and believed they were a scam so always put them in the bin - hence me never receiving or responding to any letter from Parking eye or the courts ( Grrrrrrr ) I am about to complete a N244 form asking for this CCJ to be set aside with this truthful reason - is this enough? Do I ask for it to be set aside or set aside by consent - Do i contact Parking Eye and get their involvement? Just go through the courts ? - I Havnt paid the fine of £277 yet - Would really appreciate any help and guidance on best next steps. Thanks 

Coupon-mad

It's not a fine.

Do not just pay it (eek no!) because unless PEye provide you with a cast iron Consent Order, the CCJ is not wiped.

The NEWBIES thread explains your options. Do you think the PCN itself is defendable?

Do you recall anything about what went wrong on the day?

If you believe it's a defendable claim AND if you'd changed things like your bank account to a new address which would have shown up if PE had bothered to do a CRA soft trace (address check for 28 pence), then do exactly what the examples in the NEWBIES thread show you.  An application and WS without consent, on the basis that he claim was improperly served and if they'd done the mandatory address check the BPA CoP requires, you were 'there to be found'.

If you are not sure that the claim itself would be defendable but you feel like £277 is extortionate and unfair (from what you can remember), you COULD urgently complain - this week - to the landowner and see if they will negotiate with PE on your behalf to accept say £60 to settle the claim and that PE will consent to the CCJ being set aside (wiped) ... NOT 'MARKED SATISFIED'.

The latter is NOT OK.  'Satisfied' is not wiped.

PE have an in-house legal team who can easily draw up a Consent Order and who can (if the landowner leans on them) accept lower.

Set aside 'by consent' (if you settle) costs £108 court fee on top, which you won't get back.

Set aside WITHOUT consent costs £275 which you might get back (see the linked examples in the NEWBIES thread where the PPCs were ordered to pay it back), and does not involve paying the PCN claim.  It resets it to defence stage if a Judge agrees to your application.