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Received CCJ Parking Eye - sent to the wrong address

245

Comments

  • deflepps
    deflepps Posts: 56 Forumite
    pappa_golf wrote: »
    and as you moved house , did you also inform POPLa of your new address in which to foward results of the appeal?



    Hi - I didn't inform POPla as I received an email from a firm appointed by the BPA as an independent solicitors appeals body under the brand POPla (their words).


    The outcome was rejected but they didn't address all my points and the bottom of the later states "we will not respond to any further correspondence from either party".


    I therefore informed Parking Eye that my address has changed via email.


    Again, hope this makes sense.
  • Coupon-mad
    Coupon-mad Posts: 130,634
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    I didn't inform POPla as I received an email from a firm appointed by the BPA as an independent solicitors appeals body under the brand POPla (their words).

    Not 'independent' by any means. You were Wright Hassalled. The BPA should be ashamed, but we bet they are not:

    http://parking-prankster.blogspot.co.uk/2016/05/are-wright-hassall-incompetent.html

    http://parking-prankster.blogspot.co.uk/2016/04/wright-hassall-right-shambles.html

    You should send a complaint to the DCLG and Government that they are allowing this to happen to people:

    http://parking-prankster.blogspot.co.uk/2016/12/government-announce-ccj-review-due-to.html

    http://forums.moneysavingexpert.com/showthread.php?p=72771180#post72771180

    Read the above, if you have not already. The NEWBIES thread post #2 tells you about set aside options.

    If your case is very similar to the Beavis case (overstay in a retail park) it pains me to say it but I would contact PE and tell them you are seeking a set aside 'with consent' and trust they will not contest that if you pay them the £100 charge (and no more, offer no more and see what they say) bearing in mind you can prove to the court that you informed PE of your new address which they acknowledged by email last year. Be assertive in your email.

    enforcement@parkingeye.co.uk

    If your case is completely different from the Beavis case with prospects of a successful defence (e.g. a double visit recorded as one, by their crappy ANPR trash) then I'd say do a £255 set aside with supporting witness statement and defend it to the end.

    Either way, a set aside will remove the CCJ completely if the Judge agrees, which they usually do if people are well prepped and in your case, because you can prove PE used an old address (I would include as evidence the Government press release about this abhorrent business practice needing to be stamped out as these firms are abusing the court system).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • deflepps
    deflepps Posts: 56 Forumite
    [QUOTE=

    If your case is very similar to the Beavis case (overstay in a retail park) it pains me to say it but I would contact PE and tell them you are seeking a set aside 'with consent' and trust they will not contest that if you pay them the £100 charge (and no more, offer no more and see what they say) bearing in mind you can prove to the court that you informed PE of your new address which they acknowledged by email last year. Be assertive in your email.

    enforcement@parkingeye.co.uk

    If your case is completely different from the Beavis case with prospects of a successful defence (e.g. a double visit recorded as one, by their crappy ANPR trash) then I'd say do a £255 set aside with supporting witness statement and defend it to the end.

    Either way, a set aside will remove the CCJ completely if the Judge agrees, which they usually do if people are well prepped and in your case, because you can prove PE used an old address (I would include as evidence the Government press release about this abhorrent business practice needing to be stamped out as these firms are abusing the court system).[/QUOTE]

    Really appreciate your input and thank you for giving me some encouragement that I may come out of this OK.

    Can I ask, is there any harm in seeking a set aside with consent and if this fails seek £255 set aside?

    Thank you in advance
  • Quentin
    Quentin Posts: 40,405 Forumite
    A set aside by consent won't fail. Assuming you get a solicitor to draw up the consent forms
  • deflepps
    deflepps Posts: 56 Forumite
    Quentin wrote: »
    A set aside by consent won't fail. Assuming you get a solicitor to draw up the consent forms

    Thank you...I really hope so. I did see a template but to your point would be better coming from a solicitor.

    Is it likely the judge will decline this?
  • Quentin
    Quentin Posts: 40,405 Forumite
    deflepps wrote: »
    Thank you...I really hope so. I did see a template but to your point would be better coming from a solicitor.

    Is it likely the judge will decline this?

    The whole idea is that if the consent forms are correctly composed it is dealt with on the nod in the court admin office. Which is why you are advised to get a solicitor to draw them up.

    But if the template you have seen is from a legal website or you are happy with it you can use them of course
  • Quentin
    Quentin Posts: 40,405 Forumite
    Quentin wrote: »
    The whole idea is that if the consent forms are correctly composed it is dealt with on the nod in the court admin office. Which is why you are advised to get a solicitor to draw them up.

    But if the template you have seen is from a legal website or you are happy with it you can use them of course

    You need to get the claimants agreement to this before you discuss it with a solicitor!
  • deflepps
    deflepps Posts: 56 Forumite
    edited 8 July 2017 at 6:33PM
    Quentin wrote: »
    You need to get the claimants agreement to this before you discuss it with a solicitor!

    Apologies, to be clear I need to have Parking Eye agree to the Set aside by consent prior to a solicitor drawing up the form? And I would make the initial contact myself via email stating my intentions?

    Kind regards
  • Quentin
    Quentin Posts: 40,405 Forumite
    Yes.


    As already advised in #13!
  • deflepps
    deflepps Posts: 56 Forumite
    Quentin wrote: »
    Yes.

    As already advised in #13!

    Thank you for confirming. If I draft an email could you kindly cast your eyes over it to help ensure it is fit for purpose?
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