CCJ Set-Aside

87Thursday · 3 April 2019 at 9:51PM

Hello,

Upon being refused a loan and checking my credit report, I became aware of a CCJ. I called Northampton Court and they advised it was from Parking Eye. I have read the stickies thread and a few of the signposted threads. I have started to draft my witness statement for the N244 but I still have a bit of reading to do before I will submit this. I believe that, in the absence of a claim number (I only have a case number from Experian), I need to firstly submit a Subject Access Request to Parking Eye. I believe I can safely offer them the CCJ case number, the Vehicle Registration Mark of the car I owned at the time of the alleged parking contravention, my updated address and my previous address. I believe I should request all documentation, references, photographs of my vehicle, evidence of signage, contracts, letters sent, Penalty Charge Notices, Notices to Keeper, court claims, claim numbers, Particulars of Claim and sums stated on the claim form. Please can someone confirm if this is the case? I am loath to offer Parking Eye any information that they do not need or any information that could be used against me. Please accept my apologies if this question has been answered elsewhere. I have done a lot of reading but am hoping to clarify what I think I've understood.

Many thanks in advance.

Redx · 3 April 2019 at 9:57PM

its PARKING Charge Notices , not PENALTY

this thread may help with advice and knowledge etc too

https://forums.moneysavingexpert.com/showthread.php?t=5985047

Coupon-mad · 3 April 2019 at 10:01PM

Why not just email P/Eye and ask for a copy of the claim form and give them the impression you want to know about a set aside 'with consent'? Ask them what that would involve and can they please show you the claim form with their reply as you do not even have the claim number, and that you want to know the date of judgment, too.

They'll probably be keen to reply, and it is one option to consider, and it would give you what you need:

enforcement@parkingeye.co.uk

Add that you also want the case referred to the Data Protection Officer to note:

- your current address, to rectify their data as the claim was sent to an old address, and

- a SAR so you can see all the letters/photos sent to the wrong address, so you can make an informed decision.

HTH

87Thursday · 4 April 2019 at 6:49PM

Coupon-mad wrote: »

Why not just email P/Eye and ask for a copy of the claim form and give them the impression you want to know about a set aside 'with consent'? Ask them what that would involve and can they please show you the claim form with their reply as you do not even have the claim number, and that you want to know the date of judgment, too.

They'll probably be keen to reply, and it is one option to consider, and it would give you what you need:

enforcement@parkingeye.co.uk

Add that you also want the case referred to the Data Protection Officer to note:

- your current address, to rectify their data as the claim was sent to an old address, and

- a SAR so you can see all the letters/photos sent to the wrong address, so you can make an informed decision.

HTH

Thank-you for your advice. I've done some reading of 'set-aside with consent' today and it appears that this would still leave a stain on my credit report, please could you confirm if that is the case?

To add context, I moved house between the alleged parking contravention and the paperwork arriving. I changed my address with the DVLA but not on my V5 (I thought they were one and the same). I was hoping that this would be grounds to have the judgment set aside, given that I didn't receive any letters regarding proceedings, or PCNs. To have my credit rating reinstated, do I need a set-aside or would a set-aside with consent do the same thing?

Many thanks in advance for your help.

waamo · 4 April 2019 at 6:58PM

If a set aside is granted the ccj is removed from the records. It doesn't matter if it's with consent or contested.

Coupon-mad · 4 April 2019 at 7:51PM

Thank-you for your advice. I've done some reading of 'set-aside with consent' today and it appears that this would still leave a stain on my credit report, please could you confirm if that is the case?

Nope. That's not right. we would not advise such an option!

You've been reading about a 'satisfied' CCJ. WE ARE NOT TELLING YOU TO JUST PAY.

We mean the two types of 'set aside' which wipes it. The NEWBIES thread explains.

To have my credit rating reinstated, do I need a set-aside or would a set-aside with consent do the same thing?

Same end, different means and the 'with consent' one means you pay P/Eye off as well - NOT GOOD if you feel you have grounds to defend, as it means you've been scammed and paid and there is no ongoing claim to defend.

Most people here do the £255 set aside, but email like I said, and P/Eye will at least be clear with on what's involved. They are at least reliable with that and they will do it with consent.

I wouldn't, but that's because I'd want to defend the case. That's my view though, because I hate parking firms and know almost every case can be defended & won.

87Thursday · 5 April 2019 at 9:56AM

Excellent, thanks so much. I was on legalbeagles.info and misunderstood someone else's post wherein their parking firm was asking for full payment prior to providing consent to a set-aside (obviously this would leave their credit rating screwed). I will go back to the newbies and re-read.

I have sent the email to Parking Eye, as directed. I really don't want to be done and feel so angry that they have me over a barrel as I think I have a strong case but there is some time urgency as I need to start my first mortgage application next month.

Thanks again.

Coupon-mad · 5 April 2019 at 4:43PM

I was on legalbeagles.info and misunderstood someone else's post wherein their parking firm was asking for full payment prior to providing consent to a set-aside (obviously this would leave their credit rating screwed).

Well you will have to pay PE off, but they will provide a consent order and they will do it right.

It will cost you £100 in court fees for the application as well, but it will wipe the CCJ.

87Thursday · 15 April 2019 at 10:12AM

Hi again,

PE has not responded. I sent the email as above on 04.04.2019 and then chased it on 09.04.2019. I received an auto-response both times advising I could expect a response within 10 working days (by 18.04.2019). I can't seem to find a phone number to call but I can see an online form to contact the privacy team, unless anyone advises otherwise?

Thanks again.

Quentin · 15 April 2019 at 10:14AM

Why not wait their stated response time?

(They are very busy people!!)

The_Deep · 15 April 2019 at 12:20PM

Get your MP on side, they are well aware of the MO of this company and are about to impose proper regulation.

On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

CCJ Set-Aside

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free