ParkingEye CCJ – Was Abroad, Never Received Anything – Want Quick Resolution Without Court

parkingwoesabroad27

Coupon-mad said:

OK, whilst that isn't the claim form I can tell from the £125 sum that this was an in-house ParkingEye claim.

Where's the Claim Form then? Was it served to the right address a few weeks before that?

They used to be fairly reasonable when people were able to show that they did not receive the claim. Maybe you contacted the wrong team? You didn't try an 'appeal' did you?

Did you email enforcement@parkingeye.co.uk and prove the dates you were abroad and specifically invite them to tell you their terms to consent to set aside? 

I did not try an appeal I emailed "enquiries@parkingeye.co.uk". The email I sent and the reply I got which is in the OP - (Appendix 1) is from "enforcement@parkingeye.co.uk". There is no right address as such - I moved abroad in August 24 and my property was vacant for a few months and then rented out, the tenant sent some post to the estate agent only when I asked after I saw my credit report - I do acknowledge I should have set up royal mail redirection but I moved suddenly and I never expected to receive a parking fine as I was not in the country, I sold my car subsequently too. I presume the claim form was served a few weeks before but I do not have it with me. 

parkingwoesabroad27

Also yes in my email you can see I said the following:
In the interest of resolving this matter efficiently and avoiding unnecessary court time or cost, I respectfully request that ParkingEye consider consenting to the judgment being set aside via a Consent Order. I am prepared to settle the original parking charge as a gesture of goodwill and to cover the associated court filing fee (£100).

I had also attached my residence visa from the country I am residing in currently and my flights showing I only came in on 6th Sept and left on 20th Sept so I could not have received the fine while physically present in the UK as the contravention occured on 15th September so the post wouldnt have come through by the time I left.

Coupon-mad

Then I think your quickest (only) route is a £313 set aside application but the trouble with that is you'd have to attend an in-person hearing. You can get it set aside that way, under CPR 13.3.

But personally I'd try again and email the enforcement team on Monday, hoping someone with a brain picks it up this time and don't mention the previous email.

Use a different email address if possible.

This time: word it a bit like the one in the Newbies thread by troublemaker22 (who is a solicitor) but instead of the bit saying they sent it to an old address (which they didn't) replace that with proof of being abroad and encourage them to agree to the set aside because you are willing to pay the sum ordered by the court and if they refuse, you'll have to apply at additional cost (£313) and fly in from COUNTRY for the hearing which will cost £xxx for a return ticket in Summer.

Continue by saying that this has significant  value to PEye because you are willing to pay the CCJ and cover the £119 fee if they will kindly provide their standard form of draft Consent. You can say you have received legal advice (which is true because you asked a solicitor) and for PEye to refuse to consent now, will be seen as 'unreasonable conduct' under circumstances where PEye have an in house legal team and they know that the D was abroad and did not receive the Claim Form, Given that their solicitor's first duty is to the court you are asking for consent which will mean they will avoid being potentially held liable for all your costs in the indemnity basis including return flights.

Basically make it easier for them to consent!

parkingwoesabroad27

Thanks Coupon mad for the detailed advice, much appreciated. I was under the assumption that the court hearing could be a remote hearing as I am abroad? This is what I had filled in the N244 form currently. 

Coupon-mad

You can ask. You might not get.

But PEye don't know you'll ask for a remote hearing and the whole point is to paint a picture of it being 'of significant value' to them to agree to consent to the CCJ being set aside.

The flight costs are part of that leverage.

Use my words.

I wrote each sentence for a reason. Unlike the solicitor you consulted, I've dealt with ParkingEye's enforcement team in cases for over a decade. I have personally emailed them several times and have got them to reverse their stance in claim cases.

You have to say the right things.

Don't mention the previous email. Try again,

parkingwoesabroad27

Thanks Coupon Mad for the brilliant advice. I would like to ask the following:

Should I cc DCBL in this email?
Should I attach supporting documents to this email, such as:
My residency visa showing I moved abroad in August 2024?
My flight tickets (showing I left UK before the PCN would have arrived)?
The email from the hotel, confirming I attempted to registered the car and the error may have been theirs?
The completed N244 form and witness statement, including all supporting evidence bundle?

Also please can you review the email and suggest any refinements, it would be much appreciated!

Dear Sirs,

PARKINGEYE LTD (THE ‘CLAIMANT’) V [Your Full Name]
CLAIM REFERENCE: [Insert claim number]

On [Insert Date] I received notification of a County Court Judgment (“CCJ”) that had been entered against me on X February 2025. This came as a complete shock, as it is the first and only communication I have received regarding this matter.

I have now made enquiries and understand that:

1. The claim relates to an alleged parking event on XX September 2024;

2. The claim form was served at an address where I no longer resided, as I had relocated permanently to (xxxxx) in August 2024;

3. I have never received a Letter Before Claim, the claim form, particulars of claim, or any pre-action correspondence from the Claimant.

Had I been given the opportunity to respond, I would have defended the claim. I was an invited guest at a wedding at XXXXX hotel and followed the hotel’s instructions by registering my vehicle with reception. The hotel has since confirmed that my registration may not have been recorded due to an input or system error on their part. The hotel has also contacted ParkingEye directly, requesting that the PCN be cancelled in light of the situation.

I have received legal advice confirming that this background gives me a strong prospect of successfully defending the claim. My relocation abroad and the lack of service further support my position. I have also been advised that this matter is one which ought to be resolved without requiring court time, and I am seeking to do so now.

The Claimant knew or ought to have known that I had not responded to any letters and therefore should have taken steps, in accordance with CPR 6.9(3), to confirm my current address before issuing proceedings:

CPR 6.9(3): "Where a claimant has reason to believe that the address of the defendant is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business ('current address')."

The Claimant is also bound by the British Parking Association (BPA) Code of Practice, which echoes this duty in Section 24.1c:

BPA Code of Practice 24.1c: "Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct."

Had those steps been taken at the appropriate time, my XXX abroad address would have been readily identified. Had the claim been properly served, I would have responded and defended it.

By reason of the Claimant’s breach of the Civil Procedure Rules, which amounts to an abuse of the process of the Court, the claim form was never properly served and the judgment must be set aside and the claim dismissed because it is now too late for the particulars of claim to be re-served.

In view of the foregoing, I invite the Claimant to join with me in an application to set aside the judgment and dismiss the claim.

This matter has significant value to the Claimant, because I am willing to pay the full amount of the CCJ and cover the cost of the Consent Order (£119), if you will kindly provide your standard form of draft Consent. 

I am also receiving legal advice in this matter, and you will know that refusing to consent to the set aside, in circumstances where the Defendant was abroad and did not receive the claim form, may be considered unreasonable conduct. Furthermore, the fact that the landowner (the hotel) has admitted that the PCN may have resulted from a system or input error and has requested cancellation directly with the Claimant only strengthens my case. My legal adviser has confirmed that I have a very strong prospect of success should this matter proceed to a contested hearing, further supporting the reasonableness of resolving this matter by consent now. 

Your legal team are well aware that their duty is first and foremost to the court. I am asking for consent in a situation that is clearly eligible for set aside under CPR 13.2 and 13.3, and which could be resolved efficiently by agreement. Refusing consent could result in the Claimant being held liable for all costs, including those incurred on the indemnity basis, such as the expense of return travel from XXX (GBP850) to attend a court hearing, N244 filing (GBP313).

Please respond to the above offer as soon as possible so that, if the offer is acceptable to the Claimant, we can work together to right the wrong that the Claimant has done to me.

If I do not receive a response by 4pm on [insert date, 7 days from today], I will proceed with a unilateral application to set aside the judgment, to strike out the claim, and to recover costs. I hope to avoid this and resolve matters cooperatively.

Please respond by return.

parkingwoesabroad27

Also would it be worth calling them to discuss the matter or asking the hotel to apply further pressure to agree to the consent order?

Umkomaas

Should I cc DCBL in this email?

Unless the CCJ is for £600+ (the cost point at which High Court Enforcement Officers can be deployed - DCBL being one licensed operator), then I'd disregard DCBL completely. They'll just be a nuisance factor - sending threatening letters, rather than doing anything serious. 

Coupon-mad

parkingwoesabroad27 said:

Also would it be worth calling them to discuss the matter or asking the hotel to apply further pressure to agree to the consent order?

No. Absolutely NEVER.

And take out everything about the old address. They WOULD NOT have been able to trace you abroad, so this is completely the wrong approach and not what I advised you to say.

I thought I'd made it cleat NOT to copy the email about old addresses when I typed this:

This time: word it a bit like the one in the Newbies thread by troublemaker22 (who is a solicitor) but instead of the bit saying they sent it to an old address (which they didn't) replace that with proof of being abroad and encourage them to agree to the set aside 

Of course you don't cc in DCB Ltd.

If any of the above was needed I'd have said so! Re-read what I said to put and the phrases to use. Only those phrases.

Bin that draft and go back to exactly what I coached you to say.

I only referred you to the example in the NEWBIES thread so you could see the style, language and headings/salutation, etc., not to copy it and go off on a completely wrong tangent.

No wrong has been done to you. They couldn't have known you were living abroad.

parkingwoesabroad27

Hi Coupon mad thanks for your feedback, I have now amended to exactly what you said.

Please advise if I should remove the paragraph about the hotel saying it might be an input erorr ( I kept that only as I felt it makes my claim stronger to defend on the ground of incorrect parking fine issued in the first place, and the fact the landowner is asking for cancellation. It also provides the background for the whole situation)
Please also advise if the following phrases below are ok - "I have since obtained legal advice confirming that I have strong grounds to defend the matter and that it ought to be resolved without unnecessarily burdening the court." " I am asking for consent in a situation clearly appropriate under CPR 13.2 and 13.3"
Thanks once again for your help and advice!!!

PARKINGEYE LTD (THE ‘CLAIMANT’) V [Your Full Name]
CLAIM REFERENCE: [Insert claim number]

On [Insert Date] I received notification of a County Court Judgment (“CCJ”) that had been entered against me on X February 2025. This came as a complete shock, as it is the first and only communication I have received regarding this matter.

The claim appears to relate to an alleged parking event on XX September 2024. On that date, I was an invited guest at a wedding at XXX and followed the hotel’s instructions by registering my vehicle with reception. The hotel has since confirmed that my registration may not have been recorded due to an input or system error, and they have contacted ParkingEye to request cancellation of the PCN.

I had permanently relocated to XX in August 2024 and did not receive any correspondence regarding this claim (see attached proof of residence abroad and flights showing I was not in the UK at the time the claim letter would have been posted). I was therefore unaware of the proceedings and was deprived of the opportunity to respond or defend myself.  I have since obtained legal advice confirming that I have strong grounds to defend the matter and that it ought to be resolved without unnecessarily burdening the court.

I encourage you to agree to consent to the judgment being set aside because I am willing to pay the sum ordered by the court (£232) and cover the cost of the Consent Order (£119). If consent is refused, I will have to apply to the court at additional cost (£313) and fly in from XX to attend the hearing, which will involve a return airfare of approximately £850 during the summer period.

This matter has significant value to ParkingEye because I am willing to pay the County Court Judgement and cover the £119 Consent order fee, if you will kindly provide your standard form of draft Consent . I have received  legal advice from a solicitor, and for ParkingEye to refuse to consent now will be seen as 'unreasonable conduct' under circumstances where ParkingEye have an in-house legal team and are aware that the Defendant was residing abroad and did not receive the Claim Form. Given that your solicitor’s first duty is to the court, I am asking for consent in a situation clearly appropriate under CPR 13.2 and 13.3. Granting consent now will avoid the risk of ParkingEye being held liable for all of my costs on the indemnity basis, including the court fee and travel expenses.

If I do not receive a response by 4pm on [insert date, 7 days from today], I will proceed with a unilateral application to set aside the judgment.