Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • The Bluebird
    • By The Bluebird 11th Jul 18, 9:48 AM
    • 8Posts
    • 0Thanks
    The Bluebird
    ParkingEye CCJ Advice Needed!
    • #1
    • 11th Jul 18, 9:48 AM
    ParkingEye CCJ Advice Needed! 11th Jul 18 at 9:48 AM
    Hi All,
    First time poster. I have read the Newbies thread and many others including what seems most similar to my case in Saggis, although there are slight differences in my circumstances. CM knows what she is talking about (as well as others) so i am hoping she is still around!
    Here goes...
    I moved out of my owned house on 17/02/2017 and into a rental with my partner. I still owned the house and rented it to a friend of a friend. Fast forward to a couple of weeks ago (01/07/2018) and due to circumstances i have had to boot out the tenant and move back into the property myself.
    A few days ago i received a letter from Debt Recovery Plus informing me that they are chasing an unpaid CCJ on behalf of ParkingEye. I immediately checked my credit rating and yes, it is on there and way past the 30 day grace period to get rid of it.
    The offence happened on 18/03/2017 and i hadn't changed my address with DVLA. My fault but there were reasons for that. Two weeks after moving i was involved in redundancy with my employer which pretty much blew everything else out of the water and i neglected to update them of my address, my fault and i accept that. Even had i updated them it may not have been in time due to the proximity of moving and the offence.
    All paperwork i assume went to my old address although my tenant denies there was any, i don't believe them and think they binned any mail to me. The tenant was a bit of i nightmare episode and to cut a long story short they were growing certain plants in the house and the place was trashed. It has cost a small fortune to get the house renovated to the standard it was in when i left it so this has just added to the stress of the whole situation.
    My immediate thought is to apply for a set aside using, but altering the WS Saggi posted. I guess it would be down to a judge to take mercy on me?
    On the offence... I do remember the circumstances. I was driving with my little boy in the car who was desperate to use the toilet so i pulled into a small health centre on a Saturday morning so he could use the loo. On getting out of the car and going to the entrance the health centre was only open Mon-Fri. There was a chip shop on the other side of the road so i ran him over there and they allowed him to use their staff toilet. The car couldn't have been in there for any more than 10 or 15 minutes at most. So although i think i have a reasonable chance of a set aside (happy to be told otherwise if the case) i am not sure if i should then fight the parking offence based on the fact that the health centre wasn't even open or if i should just hold my hands up and say 'yeah it was me and i accept it'.
    Any/all advice very much appreciated.
Page 1
    • Le_Kirk
    • By Le_Kirk 11th Jul 18, 9:55 AM
    • 3,209 Posts
    • 2,128 Thanks
    Le_Kirk
    • #2
    • 11th Jul 18, 9:55 AM
    • #2
    • 11th Jul 18, 9:55 AM
    Go here, scroll down and read about set aside. Speed is of the essence once you have discovered the CCJ.
    • nosferatu1001
    • By nosferatu1001 11th Jul 18, 9:56 AM
    • 3,459 Posts
    • 4,293 Thanks
    nosferatu1001
    • #3
    • 11th Jul 18, 9:56 AM
    • #3
    • 11th Jul 18, 9:56 AM
    Well you dont need moer advice erally than - you want to go for a set aside
    Its just your choice, do you go for a contested or uncontested one?
    If uncontested you will need agreement IN WRITING FROM PARKING EYE - dont go NEAR DRP (odd, they usually use Equita?) - and will have to get them to sign a consent order, pay the 100, AND pay them in full.
    • The Bluebird
    • By The Bluebird 11th Jul 18, 10:18 AM
    • 8 Posts
    • 0 Thanks
    The Bluebird
    • #4
    • 11th Jul 18, 10:18 AM
    • #4
    • 11th Jul 18, 10:18 AM
    So i guess the question is... Do i want to pay just under 200 for the fine plus the 100 to the court for an uncontested and relatively stress free process or contest it and hope to recoup the 255 from PE by fighting them after.
    It appears, from what i have read, that people have a hard time contesting with PE unlike CES.
    • The Bluebird
    • By The Bluebird 11th Jul 18, 10:35 AM
    • 8 Posts
    • 0 Thanks
    The Bluebird
    • #5
    • 11th Jul 18, 10:35 AM
    • #5
    • 11th Jul 18, 10:35 AM
    Sorry to pester... if i get consent from PE and pay them, will i need to go to court for the set aside or will the court automatically grant it in my absence?
    • The Bluebird
    • By The Bluebird 11th Jul 18, 2:09 PM
    • 8 Posts
    • 0 Thanks
    The Bluebird
    • #6
    • 11th Jul 18, 2:09 PM
    • #6
    • 11th Jul 18, 2:09 PM
    Just to update, i have emailed PE with a request to provide consent for a set aside to take place. If consent is provided i will pay the charge and then the 100 to get the set aside. This means i will be 270 out of pocket. I was tempted to go for the contested but cannot afford to risk the 255 and potentially get the wrong decision from a cranky judge.

    If they grant the consent (albeit i have to wait 10 days for PE to reply) then i guess i sent that to the court with the documentation containing my witness statement and 100.

    Does anybody know if i will need to attend court for this or will it all be done automatically and i will just hear back from the court in due course with the outcome?
    • Le_Kirk
    • By Le_Kirk 11th Jul 18, 3:39 PM
    • 3,209 Posts
    • 2,128 Thanks
    Le_Kirk
    • #7
    • 11th Jul 18, 3:39 PM
    • #7
    • 11th Jul 18, 3:39 PM
    The answers to your question can be found in the advice given in post #2
    • Umkomaas
    • By Umkomaas 11th Jul 18, 3:39 PM
    • 19,502 Posts
    • 30,849 Thanks
    Umkomaas
    • #8
    • 11th Jul 18, 3:39 PM
    • #8
    • 11th Jul 18, 3:39 PM
    My understanding is that if you have not received the court papers and subsequent documents because you were not at that address, then a set aside (255) is as good as automatic (Johnersh - a practising solicitor - has commented on this before).

    Once set aside, subject to the Judge's directions, it would be for PE to start a new claim to your current address and for you to defend it.

    Given the circumstances you describe about your little boy, I would have thought it would be a very cranky Judge indeed who would not give some weight to this. A witness statement from the chippy would help - in due course.

    See what others say.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Quentin
    • By Quentin 11th Jul 18, 3:54 PM
    • 37,323 Posts
    • 21,513 Thanks
    Quentin
    • #9
    • 11th Jul 18, 3:54 PM
    • #9
    • 11th Jul 18, 3:54 PM
    Sorry to pester... if i get consent from PE and pay them, will i need to go to court for the set aside or will the court automatically grant it in my absence?
    Originally posted by The Bluebird
    All done on the papers - no need for a hearing
    • The Bluebird
    • By The Bluebird 11th Jul 18, 4:02 PM
    • 8 Posts
    • 0 Thanks
    The Bluebird
    My worry would be that my argument is weak based on the responsibility being mine to ensure my particulars with the DVLA were up to date. I don't deny that i committed the 'offence' although i feel it is a little harsh given the situation. I did a check on ParkingEye website and they had the time which was 18 minutes and a photo that clearly shows my boy in the passenger seat but you cannot see who the driver is. Although i am happy to concede it was me.
    • Umkomaas
    • By Umkomaas 11th Jul 18, 4:32 PM
    • 19,502 Posts
    • 30,849 Thanks
    Umkomaas
    My worry would be that my argument is weak based on the responsibility being mine to ensure my particulars with the DVLA were up to date.
    Date of house move: 17/02/17

    Date of parking event: 18/03/17

    Even if you had notified the DVLA immediately after your move, there's no guarantee they would have updated their records that quickly, we have seen many cases where the delay in updating has been at the DVLA end.

    Once PE have accessed your details (probably on 19/03/17 - they don't hang about when there's profit to be gouged) they cannot access them again for the same event, and PE are not notified in any way subsequently by the DVLA that your details have changed from those originally supplied.

    Just something to factor in to your decision making process.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • The Bluebird
    • By The Bluebird 12th Jul 18, 9:04 AM
    • 8 Posts
    • 0 Thanks
    The Bluebird
    Ok so a hearing for a set aside without PE consent seems like it could get a favourable outcome. Can anybody advise of whether a potential fight with PE afterwards would be worthwhile based on my situation? Thanks for all the help by the way!
    • The Deep
    • By The Deep 12th Jul 18, 9:29 AM
    • 10,022 Posts
    • 9,859 Thanks
    The Deep
    If this was a claim for parking in a residential complex, what did your lease/AST say about parking. Read this

    http://parking-prankster.blogspot.com/2016/11/residential-parking.html


    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 3:14 PM
    • 61,760 Posts
    • 74,676 Thanks
    Coupon-mad
    Ok so a hearing for a set aside without PE consent seems like it could get a favourable outcome. Can anybody advise of whether a potential fight with PE afterwards would be worthwhile based on my situation? Thanks for all the help by the way!
    Originally posted by The Bluebird
    It would be hard work. PE fight tooth and nail and of course won at the Suprme Court and are stupidly sloshing in other people's money (ANPR enforcement shoud be illegal, IMHO).

    But from what you describe, no parking licence was granted to non permit holders out of hours, so there was nothing on offer to you of value. No parking space, just a blanket ban on parking out of hours?

    That means there was no contract. And PE can't try 'trespass' as they don't own the car park.

    Worth looking at the sign, please.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • The Bluebird
    • By The Bluebird 12th Jul 18, 3:46 PM
    • 8 Posts
    • 0 Thanks
    The Bluebird
    I will go check the sign this weekend.
    I believe the parking is restricted to pass holders (employees of the medical centre) only.
    This is absolutely fair enough while the centre is open. The car park was obviously empty when i drove into it. There is no ticket/payment machine for non pass holders.
    I assume the facility logs its users registrations with PE so they do not get fined.

    Question is... can i fight it if the sign stipulates that no parking at anytime is allowed regardless of the centre being open or not. Would i have any sort of realistic case?
    • Coupon-mad
    • By Coupon-mad 12th Jul 18, 3:52 PM
    • 61,760 Posts
    • 74,676 Thanks
    Coupon-mad
    Question is... can i fight it if the sign stipulates that no parking at anytime is allowed regardless of the centre being open or not. Would i have any sort of realistic case?
    I already answered that question, told you they can't pursue for trespass, told your there is no contract and told you why there isn't one.

    Why do we always have to type/explain things twice on this forum?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

3,829Posts Today

8,526Users online

Martin's Twitter