Parking Eye CCJ with no communications

Ironmama

Hi all,

Please I need help (apologises if this is a repeat response but wanted to just confirm few things I have read on the forum.

Background...
I got a parking fine last August for not paying for parking. I appealed 13th of August stating I put money in the meter and do not understand why I got the ticket with evidence.

I later realised that same day via google as I was really puzzled by the ticket that the space was 2hrs free parking and £4 for 3hours but I emptied my change into the meter - about £3.20 and this was not enough.

I never received any response to my appeal nor did I got any letter from them about taking me court or letter to pay the court. Even though I have moved out in Oct last year, I still had access to my posts via my neighbours which I got regularly.

I noticed a CCJ on my credit report last month and raised a dispute with the credit agency. They replied advising to contact the courts. The courts confirmed it was for a parking ticket from ParkingEye.

I have seen a-lot of help on getting CCJ set aside but wanted to check what my first step should be...

1. Email ParkingEye first trying to get them to set aside with consent? I am not even disputing the fine, as it was my fault not reading the signs but they never responded to me. And is this still the correct email.....enforcement@parkingeye.co.uk?

OR
2. Go directly to courts to set it aside?


Thanks

Le_Kirk

Are you saying that you didn't receive any letter before/of claim nor the N1 claim form from CNBC/CCBC?  Is your address on your V5C up-to-date?  A set-aside with consent costs £108 and without consent £275.  That is a valid e-mail for PE but what will be your reason for asking for the consent and for the set-aside?

Not_A_Hope

I never received any response to my appeal nor did I got any letter from them about taking me court or letter to pay the court. Even though I have moved out in Oct last year, I still had access to my posts via my neighbours which I got regularly.

Your reasons for requesting a CCJ set aside with or without consent will be that PE did not serve their claim to the correct address. You can ask PE for the cheaper with consent option but be prepared to promptly go forward without consent.

With the info you have provided it is not clear exactly what your defence to the PCN is. How long were you allegedly parked? What are the signs with tariffs, terms and conditions like?

Ironmama

Thanks guys. Yes I never received any letters after the initial parking fine nor did i get the claim form.

I do not really have a defence to PCN as it was my oversight which I learnt after I appealed but I didnt get any communication from then after my appeal.

My V5C address was recently changed but I was still getting letters from the old address and would have received any claims form if they sent one but they didnt.

I will try emailing them and start drafting without consent. Thanks.

Coupon-mad

Yes email:

enforcement@parkingeye.co.uk

Give the Claim number and tell them you are about to apply to set aside the CCJ as you moved a year ago.  But you are first asking if they will accept £60 to consent to set aside the CCJ as this will minimise costs all round, and if they agree please can they forward their standard Consent Order.

Attach proof of your move.

Point out that you never ignored their PCN and disputed it from the outset, but also did not cost them a POPLA fee (if you didn't try POPLA) so you are aware their costs in this case are minimal and the original discounted PCN value more than covers it.

Ironmama

Coupon-mad said:

Yes email:

enforcement@parkingeye.co.uk

Give the Claim number and tell them you are about to apply to set aside the CCJ as you moved a year ago.  But you are first asking if they will accept £60 to consent to set aside the CCJ as this will minimise costs all round, and if they agree please can they forward their standard Consent Order.

Attach proof of your move.

Point out that you never ignored their PCN and disputed it from the outset, but also did not cost them a POPLA fee (if you didn't try POPLA) so you are aware their costs in this case are minimal and the original discounted PCN value more than covers it.

Thanks, Will do just as advice.

Will post response.

Cheers

Not_A_Hope

I do not really have a defence to PCN as it was my oversight

I think you need to start with a different mind set that you are prepared to defend the actual PCN in court. My understanding is that the courts do not like being used for credit cleansing purposes and will expect that you should have a reasonable chance of successfully disputing the PCN

Ironmama

Finally got a response from Parking Eye....is this a standard response? As they ignored my comments about not receiving any letters from them including the court claims form. Do I reply re stating this?

"Thank you for your correspondence received in relation to the above referenced Parking Charge, which was issued following a parking event that took place on 23 July 2022 at Ilford Retail Park, Essex car park.

 

It is clearly stated on our signs that failure to adhere to parking regulations will result in enforcement action being taken and vehicle keeper details being requested from the DVLA to enable this. The DVLA release the name and address details of a vehicle keeper to registered companies, such as ParkingEye, if ‘reasonable cause’ can be demonstrated; i.e. a breach of parking regulations.

 

In this instance, we note that you appealed the Parking Charge upon receipt but that your appeal was rejected. You were then provided with the opportunity to lodge a further appeal with POPLA (the independent appeals service for parking on private land) but chose not to lodge such an appeal.

 

ParkingEye thereafter issued a county court claim to recover the outstanding amount. However, as no defence was filed, nor was full payment received within the applicable time frame, the court granted a default judgment in ParkingEye’s favour. At this late stage, ParkingEye would be unable to accept an appeal and we require payment of the full outstanding amount.

 

Please be advised that the above Parking Charge has now been passed to Direct Collection Bailiffs and all further correspondence for the above Parking Charge should be directed to them.

 

We can confirm that £277 remains outstanding. Please find our payment information below.

 

If you wish to apply to have the judgment set aside then you can do so by filing an N244 form. Please note that such an application will require the payment of a court fee of £275 (payable to the court) and that there is no guarantee that the judgment will be set aside. This will also involve a hearing in front of a Judge.

 

In certain circumstances, individuals may not have to pay a fee. A system known as the remission system is available to those who would have difficulty paying a fee and meet the appropriate criteria. It is for you to make the appropriate enquires about this system and details can be found at: 

 

Payment can be made by telephoning our offices on 0330 555 4444, by visiting www.parkingeye.co.uk, or by posting a cheque/postal order to the below address. Please note that you must quote the above Parking Charge reference on the reverse of the cheque or postal order.

 

Yours sincerely, 

 

Parkingeye Enforcement Team"

Coupon-mad

Normal. They only reduce the amount when landowners get involved and complain to them.

You realise you MUST ACT PROMPTLY to put in your N244 application?  The Judge will look at how long it took from when you discovered the CCJ.

Ironmama

Coupon-mad said:

Normal. They only reduce the amount when landowners get involved and complain to them.

You realise you MUST ACT PROMPTLY to put in your N244 application?  The Judge will look at how long it took from when you discovered the CCJ.

So what are my chances of getting it set aside by a judge? I noticed the CCJ 2 months ago. Or can I just offered parking eye the full money to set it aside plus the £277? I do not want a Satisfied CCJ but have it removed

UncleThomasCobley

If you’ve left it over a month since receiving the CCJ, the it is too late to get it removed just by paying it. All that would happen is that it would remain on your record for 6 years marked as “satisfied”.

The only way to get it expunged is to get it set aside.