CCJ from Parkingeye. Claim form not received as driver resides abroad. Can I set aside?

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81928303#Comment_81928303

Thank you, yes found it all in the one place. But I had also managed to find plenty by searching too. It's a fantastic informative forum. 🤩

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81927643#Comment_81927643

Thank you, I am just putting something together for my Defence and will show you soon. I'm wondering whether it is still worth contacting the landowner? Or has that ship sailed? "4 minutes" over the 10 minute grace period due to an app only payment option within a carpark without any phone coverage!

I have not yet heard back from the court with the Directions Questionaire. The hearing for the set aside (ending in my favour) was on Monday afternoon, and it's now Friday. I am not in the UK right now to receive mail in the post, as I live abroad which they are aware of, and do have my overseas address. They also know that email is my preferred method of communication. Perhaps it is normal to take a week or so before hearing from the court. I just cant go through another saga of missing any deadlines not of my making 😫

Thank you again, and I hope my experience so far helps others.

MothballsWallet

https://forums.moneysavingexpert.com/discussion/comment/81930851#Comment_81930851

I'd recommend going to the mobile phone networks' websites and using their coverage checkers to get visual maps of the signal levels in and around that particular area - if those show an issue with signal (which they may not if the operators don't know about it, and they'll want to show good signal in as many places as possible to get customers), then you could have those as exhibits when you get to that stage - I'd recommend to have at least 3 such maps to show that it's not just one network with the issue.

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81930876#Comment_81930876

Thank you for your feedback. It's a very good point.

The carpark is underground, there is zero phone coverage and this carpark is well known for this issue on social media. (Also, only a stairway of several flights in which to exit and get outside, no easy feat when with an elderly person who is slower than average!) The actual city itself also has almost zero coverage in the centre, well known to the locals! The only way is to find a local cafe with wifi. But since my PCN was issued in 2024, they have changed the signs and added the wording to allow you to pay up until midnight of the arrival day. (I believe this may be due to a policy update in Feb 2025). Problem slightly solved, but only if you make a note of your time of entry and exit, and not rely on the time of parking or paying, as they use ANPR systems and time you on entry and exit. Nothing on the signage mentions this! The ten minute grace period would likely be sufficient if you were actually able to pay while inside the carpark!

Coupon-mad

Everything from the court comes by post.

Oh dear. Who is able to open your UK address post every week right now?

If this ball is dropped, you WILL get another CCJ for failing to respond to the next court directions. So which UK address is the court going to use and who will get there regularly every week to check?

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81931130#Comment_81931130

Really!! I will see if I can contact someone to visit the address. But the judge was very aware that I was not in the UK and did not live there. My n244 application has my overseas address on it. I even told her I was traveling back to the UK in about 10 days time to move my mother into a care home etc. She therefore allowed me 21 days to respond due to this. I also mentioned that I would need the correspondence by email…. Thank you, I will start chasing this now

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81931130#Comment_81931130

Just for info, here is a screen print of page 5 from my N244 where the address is entered. (I have covered over personal details). This was sent to the court, it also included a letter confirming my overseas address and that I could be contacted my email. But I'm not going to rely on it and will take your advice….

Whiteorchid

https://forums.moneysavingexpert.com/discussion/comment/81927643#Comment_81927643

Hello again, just reaching out for your amazing guidance. I'm getting a bit stressed now with this defence that's needed for the 2nd stage after achieving the set aside several days ago. Hoping I am getting this right.

I'm still waiting to see the reply paperwork from the court, (someone is checking at the UK address tomorrow). But I wanted to get ahead.

I have utilised the Defence Template found in the Newbies section, currently using all of it, (no's 1-10), assuming it all applies to my situation. With Para 3 being my own words, (please see below) which I feel may need more details. The POC do not specify what I have breached exactly, but states only " parking without paying". (see POC wording below). Yet I did pay and proof has been shown. It is only when I received the rejected appeal response from POPLA that I discovered I was 4 minutes outside of the 10 minute grace period! Should I mention this?

………………………………………………………

Copied from Claim Form - POC (direct from ParkingEye):

Particulars of Claim

"Claim for monies outstanding from the Defendant in relation to a Parking Charge (reference…..) issued on 08/04/2024. The signage clearly displayed throughout The Woolstaplers, Chichester. The Woolstaplers, Chichester, PO19 1QL states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including the payment of parking tariffs, by which those who park agree to be bound (the contract). ParkingEye's ANPR system captured vehicle ABCDE entering and leaving the site on 05/04/2024, and parking without paying to park. The Defendant appealed to POPLA, the Independent appeals service for parking on private land, and this was rejected".

My wording for para 3 - defence

Para 3. The alleged breach was 05/04/2024 with the reason given as “parking without paying to park”. The defendant appealed to POPLA, and this was rejected. The defendant appealed giving proof of payment and reported that payment could not be made immediately due to the payment system not operating within the underground carpark. This was due to there being no phone coverage whatsoever. The signage gave instructions to download an app. Then payment to be made on the app. It was discovered in the reply to the POPLA appeal that there had been an overstay of 4 minutes at the commencement of the paid tariff. Therefore the 10 minute grace period was not sufficient in the given circumstances outside of the defendant's control. To find a parking place, read the terms and conditions, attempt to make payment several times, take the only exit of several flights of stairs while assisting an elderly passenger with Dementia and age related mobility issues…

I'd like to add something like this?

(a) The Equality Act 2010 recognises dementia as a disability and requires reasonable adjustments, such as allowing additional time for disabled persons or carers to reach payment facilities. The Private Parking Sector Single Code of Practice (PPSCoP) also requires such consideration. 

(b) The PPSCoP was amended on 17 February 2025 to prohibit PCNs where the correct tariff has been paid before leaving, regardless of when payment was made. Although post-dating my case, this change evidences the industry’s own recognition that such charges are unfair, supporting my arguments under the Consumer Rights Act 2015 that the timing term was neither transparent nor fair. I would like to add that in recent months this carpark has updated the signage and it now includes the wording “tariffs payable up until midnight of day of arrival”.

Thank you and look forward to your feedback.

Le_Kirk

The consideration period is a MINIMUM of 10 minutes!

1505grandad

" ParkingEye's ANPR system captured vehicle ABCDE entering and leaving the site on 05/04/2024,…."

Check the date you have stated in para 3