Parking Eye CCJ set aside

McM4nus

Hi there

A family member recently had became aware of a CCJ issued against them from Parking Eye.

The family member rents the house to tenants and they have just given the family member a stack of letters which included the original parking ticket, letter before action and letter confirming CCJ issued in there favour by default.

For some clarity, the family member is no longer a UK resident but they didn't update the DVLA as they lost the V5C and at the time, the address was "contactable". 

The car is question was sold prior to the date of the ticket but was sold without the V5C. We had to send a letter to the DVLA providing the date of sale and new keeper details. We have contacted DVLA and they have just supplied the evidence required to confirm that the family member was not the keeper at the time of the parking ticket being incurred.

I have written to parking eye in the post and via their enforcement email to ask that no debt recovery in instigated against the tenanted property and that I will be making an n244 application to set aside the judgement. I asked if parking eye would supply a consent order.

Do I await their response or should I just pay the £313 and ask that the CCJ be set aside? I am cautious of the requirement to act promptly.

What would be the next steps would you imagine?

Cheers

la531983

If they dont live in the UK anymore, why bother with a set aside?

Merely get this family member to write to them to give them their ABROAD address for service of all documents as that is now where they live, and ask for the UK address to be ERASED.

Also they won't reply to third parties, nor do they need to.

McM4nus

la531983 said:

If they dont live in the UK anymore, why bother with a set aside?

Merely get this family member to write to them to give them their ABROAD address for service of all documents as that is now where they live, and ask for the UK address to be ERASED.

Also they won't reply to third parties, nor do they need to.

They are concerned about the CCJ affecting their already limited options in obtaining landlord insurance and so need the CCJ removed. 

Coupon-mad

Has the relative got a copy of the POC from the CNBC yet? We need to see a copy. And what was the CCJ date?

McM4nus

The relevant dates are as follows:

17/12/24 - Sold vehicle as (since) confirmed by DVLA
23/12/24 - New owner got parking ticket / "date of event"
01/01/25 - Parking ticket sent
10/01/25 - ParkingEye reminder
31/01/25 - DVLA updated new keeper details 
19/02/25 - Letter before County Court claim
31/03/25 - Claim form
29/04/25 - Default CCJ
13/05/25 - ParkingEye payment chaser letter

Please see the Claim Form & POCs below:

[Image removed by Forum Team]

Coupon-mad

The family member rents the house to tenants and they have just given the family member a stack of letters which included the original parking ticket,

Now show us that. BOTH SIDES (and not the 'Reminder' from later in January). I am thinking the NTK - postal PCN - was likely non-POFA given the location and the dates.

Meaning that there would be no keeper liability possible and only the actual driver (who cannot be you) could be held liable, if I'm right.

McM4nus

Coupon-mad said:

The family member rents the house to tenants and they have just given the family member a stack of letters which included the original parking ticket,

Now show us that. BOTH SIDES (and not the 'Reminder' from later in January). I am thinking the NTK - postal PCN - was likely non-POFA given the location and the dates.

Meaning that there would be no keeper liability possible and only the actual driver (who cannot be you) could be held liable, if I'm right.

I'll see if they can dig it out. I fear the tenants may have binned it and may need to DSAR a copy. I have the reminder dates 10/01, 

Coupon-mad

The Reminder is utterly pointless. That's not what you want. Blinking tenants!

McM4nus

I'm minded to raise a DSAR and ask for all correspondence relating to the ticket (including the original ticket). However, I am concerned of the need to act "promptly" after having discovered the CCJ.

Do I need to wait for ParkingEye's reply to the family member's request for a consent order before submitting an n244? 

Coupon-mad

Yes wait for that but don't wait for a SAR if it takes too long. Why not just email their DPO now and ask only for the PCN (both sides)?

That shouldn't take them long.

McM4nus

Coupon-mad said:

Yes wait for that but don't wait for a SAR if it takes too long. Why not just email their DPO now and ask only for the PCN (both sides)?

That shouldn't take them long.

Thanks for that, their DPO replied same day.

Please see the original PCN below: