Parking Eye CCJ set aside hearing

TomCroft · 13 December 2017 at 12:26PM

Hi everyone

In desperate need of some help very new to all this , on the 2nd of November I received a letter through the door from Parkingeye informing me I have been given a CCJ by default.

Cut a long story short I have filled in a N244 form and have been given a hearing next Thursday , whilst I’ve been waiting Parkingeye have sent there defence to me and they have pictures of my car parked up , I overstayed 30 minutes apparently and I can’t deny the fact that is my car and I now remember being there at that particular date , I didn’t realise it was a limit being a motorway services and being 10 pm at night obviously didn’t notice any signs.

The problem is this was probably one of the lowest points in my life and due to relationship issues had to move address , so any letters sent would have gone there , I did update the DVLA as soon as I possibly could because at the time I was sofa surfing. In parkingeyes defence palkage they sent they have printed letters of ones they “apparently sent to my new address” the way they got my new address was through a credit agency , are they allowed to do that ?

I’m worried now due to the fact they say they sent new ones , even though I know I didn’t receive a thing other than my default judgement letter which was dated November but the CCJ was given in August so I would have had absolutely no chance to even suck it up and pay them to even remove the judgement.

If anybody could help in what I Gould expect when I go next week and if I need to be bringing anything with me , ideally don’t want to be giving the judge a sob story

Thanks very much

Tom

nosferatu1001 · 13 December 2017 at 12:35PM

Yes, they can find your address. in fact that is usually preferable.

However if you still did not correspond, then they dont know the new address was a GOOD address for service. So, what you DIDNT answer was whether this "new"address was correct, and did you therefore ignore the forms? Simple yes or no here

When you completed the N244, what draft order didd you send> I hope you siubmitted something!

TomCroft · 13 December 2017 at 12:43PM

No I did not ignore the forms , the “new” address is my dads house and unfortunately I wasn’t able to move in straight away due to space and having a 9 year old daughter to accommodate 3 nights a week.
I did ask my dad if any letters came for me and no was the answer.
I did submit a draft along the lines of not being able to defend myself due to the fact I’d heard nothing of it and I was willing to defend the matter.
Thanks

TomCroft · 13 December 2017 at 4:10PM

Update : I really had no idea what a big thing this is , I’ve been reading all the threads today and the newbie thread , god I wish I had of done this earlier. My draft was literally just hand written saying I’d never heard of any such parking charge or court proceedings , does anyone know if I’d need to write up a new defence now I know what everything’s all about i.e Parking eye sending me all the letters ?

Coupon-mad · 14 December 2017 at 1:09AM

Cut a long story short I have filled in a N244 form and have been given a hearing next Thursday

OK have they sent photos of the signs in the dark? Because you said:

I didn’t realise it was a limit being a motorway services and being 10 pm at night obviously didn’t notice any signs.

Pick apart what they have provided, and turn up in good time for the hearing, seeing as you have gone this far you must make the best of it.

Bring proof that:

I did update the DVLA as soon as I possibly could

and

a copy of this Government statement which singles out parking firms for the worst practices:

https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

and

proof of your address now, showing that you were there to be found...

But you will need to be prepared to say on oath that this did not happen:

In parkingeyes defence package they sent they have printed letters of ones they “apparently sent to my new address” the way they got my new address was through a credit agency

Oh dear, are you saying you think they've NOW traced you (post CCJ, to turn the screw) and - shock horror - might have...backdated the letters showing your new address? Are you SURE no such letters ever arrived this year around the dates shown? If you are sure, you could ask PE by email for the date when they obtained your new address from the Tracing Agent, and which agent they used:

enforcement@parkingeye.co.uk

I am worried about what they've said and how you will convince a Judge these letters didn't exist and how you will be believed that PE appear to have only traced you now, not before the claim.

Apart from the idea of also asking PE for a copy of the claim form - surely that must have the new address on it, if they are saying they had traced you by then... ask them for those two things in the morning - a short email not saying why.

TomCroft · 14 December 2017 at 5:38AM

Hi Coupon

No they have sent me pictures of the signs in broad daylight, and measurements ranging from 220mm x 300mm , 700mm to 900mm and one 1800mm x 1400mm.

What they have sent though is a picture of my car , which is that dark you can literally only see my registration plate and a pair of headlights.

Reading through your newbies forum yesterday I have already printed the “measures to protect consumers article” and I have a copy of my V5 document to show my new address and a copy of my licence which has also been changed.

And no I’m not saying that they traced me post ccj although it would be very nice and so much easier , but I am 100% sure I did not receive a letter at this address , I have got a copy of a letter saying they have given me another chance to pay the fine die to my address change and if that had of turned up I would of paid it no questions asked.

New problem also is that Equita are now sending letters threatening to send enforcement agents to collect the cost in full and if I pay the judgement I can apply to have it satisfied which will “help” to obtain credit in the future , if this year hasn’t been bad enough this is the icing on the cake .

System · 14 December 2017 at 8:29AM

New problem also is that Equita are now sending letters threatening to send enforcement agents to collect the cost in full

Unless the debt is over £600 and Equita have applied to the High Court, then they can do nothing. Another example of PE's aggressive business practices.

bargepole · 14 December 2017 at 8:47AM

There are two things that the Judge needs to be satisfied on, before a Judgment can be set aside.

The first is, whether there was 'good service' of the Claim. If it was correctly sent to the address recorded at the DVLA, that will be evidence of good service. Your position is that, because you were moving around, with no permanent address, you could not update the V5C, and therefore knew nothing about the Claim and didn't Acknowledge Service, or file a Defence. But as soon as you became aware of the Judgment, you filed an N244 application for a set-aside.

It then comes under Civil Procedure Rule 13.3, which states (my emphasis):

13.3
(1) In any other case, the court may set aside or vary a judgment entered under Part 12 if –
(a) the defendant has a real prospect of successfully defending the claim; or
(b) it appears to the court that there is some other good reason why –
(i) the judgment should be set aside or varied; or
(ii) the defendant should be allowed to defend the claim.

So the Judge has the discretion to set it aside, if he can be shown that you have a realistic chance of mounting a successful defence (BTW the docs Parking Eye sent you are not a 'defence', they are the claimant and you are the defendant).

You will need to send the court a Defence, it doesn't need to be War and Peace, but needs to summarise the main points on which your defence will be based.

In this case, I suggest that you should concentrate on the following:

1) This happened late at night, and the signage at the MSA was not illuminated, contrary to the BPA Code of Practice 18.3 "Signs must be conspicuous and legible". Unilluminated signs at night do not meet this criteria, and therefore cannot be held to bring the terms and conditions of parking to the driver's attention, sufficient that a contract could have been accepted by conduct.

2}) In MSAs, the ANPR cameras are placed at the entrance and exit of the entire facility, including the shops, car parks and filling station. They measure the total time spent between leaving the motorway and returning to it, but do not provide any evidence of how long a vehicle has spent actually parked. The Claimant has therefore failed to provide any evidence of the alleged 'overstay', and without such evidence, cannot prove their claim.

[Deleted User] · 14 December 2017 at 9:05AM

My tuppence worth, unassisted by Xmas party hangover....

+1 bargepole. Note that the judge is not conducting a mini-trial. S/he does not have to be convinced you'll definitely win, should the judgment be set aside, merely that the case is arguable and prospects of winning at a trial are more than "false, fanciful or imaginary" see ED&F Man http://www.bailii.org/ew/cases/EWCA/Civ/2003/472.html

The important point is, as bargepole notes, to direct the court at the hearing to each hurdle you have to clear, deal with the first and then move onto the second. Since it is your application, you will need to address these first, before the PPC responds.

You are allowed to serve evidence relating to an application 7 days prior to a hearing, so if you have time today, get a bundle done and send/deliver it to the court and the claimant. A beautiful tabbed, paginated, single file of reference is always helpful to present the evidence. Take a spare to the hearing, too.

You will need a schedule of your costs, served no later than 24 hrs prior to the hearing.

[Deleted User] · 14 December 2017 at 9:11AM

Oh and one last thing...

Equita and PE are I believe companies of Capita plc. Thus they are on notice that the judgment is subject to legal challenge. They should not now be chasing the disputed debt until after the outcome of the hearing.

If it were me, I'd write to PE and tell them to call off their dogs for the reasons set out above, making clear that continued follow up may constitute harassment. (Note - may, not does. That is fact specific.)

TomCroft · 14 December 2017 at 9:40AM

Thank you all very very much for looking at this for me !!

I’m going to make time today at work to sort out my defence , is their a certain way I have to write it up and also do I send it to Preston crown where I’m having the hearing or the Northampton one where I believe these all come from ?

I’m not expecting any miracles when I go , but I believe due to my circumstances at the time I have to try.

Parking Eye CCJ set aside hearing

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