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

parkingwoesabroad27

I have also removed the below from the email as they refer to change of address, should I add section 24.1c back in as it speaks about not receiving responses?

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."

Coupon-mad

No leave that out as it distracts from the message which is now looking exactly as it should. Keep in the stuff you asked about at the start of your previous post. Email it.

parkingwoesabroad27

Thanks Couponmad!
I've been informed by the hotel that the hotel GM has directly reached out to the PE account manager to resolve the issue.
Should I wait for an update from them before sending this email or will it be too late then as worried about timelines.

Umkomaas

Your court timeline is paramount. 

Coupon-mad

parkingwoesabroad27 said:

Thanks Couponmad!
I've been informed by the hotel that the hotel GM has directly reached out to the PE account manager to resolve the issue.
Should I wait for an update from them before sending this email or will it be too late then as worried about timelines.

Wait a week. Makes no difference to what you are trying to achieve.

I hope they'll offer to settle at £60 and consent to your CCJ set aside. Let's see!

parkingwoesabroad27

Hi Coupon Mad - I got this response from the GM - “Unfortunately this has now progressed too far for Parkingeye to do anything with.All correspondence was sent to the same address as the court summons, unfortunately the motorist has 2 weeks to contest the CCJ to have it removed but this was issued in February.”

 I have sent the email to them as discussed seperately from another account, but I really dont understand why they are saying 2 weeks because they can still consent to set aside now? They can clearly still do this but feels like they are choosing not to? Bear in mind this response would be from parkingeye account manager not enforcement team. Is it worth asking the GM to ask them to please consent to set aside and involve him in the seperate email I sent to them?

Coupon-mad

No. Just send the email discussed, as is. 

parkingwoesabroad27

Hi Coupon mad,
Unfortunately I havent yet received a response to my mail - the deadline I had given was last Friday, however because of the bank holidays I thought I would wait a bit longer. They also replied this to the hotel GM -

 “Unfortunately this has now progressed too far for Parkingeye to do anything with.All correspondence was sent to the same address as the court summons, unfortunately the motorist has 2 weeks to contest the CCJ to have it removed but this was issued in February.”

 This whole situation is incredibly frustrating and I simply do not understand why they cannot just take my money and give the consent order rather than fight it out in court? What more can I do? Should I send them a final email reminder? Is it worth speaking to the GM once more to explain to him the full situation that I am happy to go with the consent order? They really seem to be missing this key point!

ChirpyChicken

Move on from involving the GM

Coupon-mad

You aren't going to get quick resolution then. So put in your application & WS to set aside the CCJ at a £313 fee, with a hearing.

Attach proof of the efforts you made and attach as an exhibit, their lie to the Hotel that "there's nothing we can do" when all they were being asked to do was consent to your application to set aside the CCJ and have the claim heard.

VCS v Carr will also be used. Read up on that Court of Appeal case.

If ParkingEye THEN consent (late) when faced with a hearing, argue that as unreasonable conduct like in this example:

https://forums.moneysavingexpert.com/discussion/6579664/ccj-claim-form-received-after-deadline-judgement-is-n244-worth-it/p1

That person is now going to say at the hearing that the C caused them to have to waste £303 on a contested application instead of £119.

Read the whole thread. A bit like yours in that the C refused to consent.

By the way the court requires that you must act PROMPTLY so do this in April, ideally get it in tomorrow.