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  • FIRST POST
    • ginger8484
    • By ginger8484 30th May 19, 8:25 AM
    • 12Posts
    • 1Thanks
    ginger8484
    Parkingeye CCJ - set aside
    • #1
    • 30th May 19, 8:25 AM
    Parkingeye CCJ - set aside 30th May 19 at 8:25 AM
    hi, ive read newbie thread and lots of posts. hopefully im following the rules, could really do with some good news.

    - mortgage application was rejected due to a CCJ i didnt know about
    - my experian report from the same day doesnt list it and has never listed it
    - use the registry and trace it (along with 4 other addresses and 2 for my wife as we just didnt know).
    - pops up, get the claim number and contact the CCBC
    - parking eye judgment from Jul 18, for an offence in Oct 17. does it look bad i didnt know about this, will the fact i traced 6 addresses and 2 people help my case?
    - i moved in Nov 17, have proof of address and that i changed dvla/car registered address
    - PCN for 100, plus costs of 97, total 197
    - claim is for using ANRP
    - i know the car park and area but dont remember the date in question and do not have any of the original PCN documents
    - PE claim to have used a CRA, but my experian report shows new credit at the new address from 2 days after we moved
    - i have a text message exchange from my old landlord confirming she forwarded all post until the new tenant arrived.

    is a SAR good enough to get all the original PCN details? as we dont have them.

    as a result of this ccj, we likely we miss the opportunity to buy our rental property, meaning we have to move (c1000 in cost) and rent for another 6-12 months. all i want is the ccj off.

    thanks for the help
Page 1
    • ginger8484
    • By ginger8484 30th May 19, 8:26 AM
    • 12 Posts
    • 1 Thanks
    ginger8484
    • #2
    • 30th May 19, 8:26 AM
    set aside applied for and paid
    • #2
    • 30th May 19, 8:26 AM
    sorry should have said, i completed a set aside and paid the 255 yesterday, so waiting for a response
    • Quentin
    • By Quentin 30th May 19, 8:31 AM
    • 40,488 Posts
    • 24,533 Thanks
    Quentin
    • #3
    • 30th May 19, 8:31 AM
    • #3
    • 30th May 19, 8:31 AM
    It may be cost effective in your circumstances (the 1000 cost you mention) to pay off the ccj and go for a set aside by consent.
    • ginger8484
    • By ginger8484 30th May 19, 8:34 AM
    • 12 Posts
    • 1 Thanks
    ginger8484
    • #4
    • 30th May 19, 8:34 AM
    • #4
    • 30th May 19, 8:34 AM
    how do i do this? contact parking eye?
    • ginger8484
    • By ginger8484 30th May 19, 8:38 AM
    • 12 Posts
    • 1 Thanks
    ginger8484
    • #5
    • 30th May 19, 8:38 AM
    • #5
    • 30th May 19, 8:38 AM
    does it matter that I have already submitted the set aside?
    • Quentin
    • By Quentin 30th May 19, 9:06 AM
    • 40,488 Posts
    • 24,533 Thanks
    Quentin
    • #6
    • 30th May 19, 9:06 AM
    • #6
    • 30th May 19, 9:06 AM
    Read up on set Aside by consent and if you agree it's cost effective for you then contact the Court you sent your set aside application to and ask for it to be cancelled
    • The Deep
    • By The Deep 30th May 19, 11:32 AM
    • 15,216 Posts
    • 15,875 Thanks
    The Deep
    • #7
    • 30th May 19, 11:32 AM
    • #7
    • 30th May 19, 11:32 AM
    Concentrate on signage. IMO, PE signs leave much to be desired. I doubt that many judges would agree that they are capable of forming a contract, read this

    https://forums.moneysavingexpert.com/showthread.php?t=5972164

    and enlist the support of your MP as they are obviously trying to scam you.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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.

    Nine times out of ten these tickets are scams so complain to your MP.

    Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but 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.
    You never know how far you can go until you go too far.
    • ginger8484
    • By ginger8484 30th May 19, 12:08 PM
    • 12 Posts
    • 1 Thanks
    ginger8484
    • #8
    • 30th May 19, 12:08 PM
    • #8
    • 30th May 19, 12:08 PM
    thanks both. I will complain to my MP and have found your previous posta Quentin on consent to set aside, will let you know how i get on
    • Coupon-mad
    • By Coupon-mad 31st May 19, 1:21 AM
    • 76,543 Posts
    • 89,880 Thanks
    Coupon-mad
    • #9
    • 31st May 19, 1:21 AM
    • #9
    • 31st May 19, 1:21 AM
    You might not be able to stop the court banking your 255 fee.

    If you can, then you can email P/Eye and ask them for their standard consent form to set aside the CCJ and keep emailing every day till they give it to you and tell you how much to pay them:

    enforcement@parkingeye.co.uk

    Put the CLAIM NUMBER and the PCN NUMBER xxxxx/xxxxx in the subject line.

    P/Eye do normally play ball. It irks us to tell you to pay but you didn't keep your address up to date and these scam PCNs don't just go away when you move.
    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
    • ginger8484
    • By ginger8484 1st Jun 19, 5:40 AM
    • 12 Posts
    • 1 Thanks
    ginger8484
    thanks coupon mad, i agree, in this case im prepared to pay to go away.

    the frustrating thing is i did up date DVLA and credit record, theres not a reason why I didnt get this. They claimed to have done a credit check
    • Umkomaas
    • By Umkomaas 1st Jun 19, 7:48 AM
    • 25,111 Posts
    • 40,509 Thanks
    Umkomaas
    the frustrating thing is i did up date DVLA
    Did you update both your driving licence and your V5C (logbook) in separate notifications before the parking incident? Doing so later in the process does not update the PPC, they have just one 'pop' at getting your data - immediately following the parking event.
    Please note, we are not a legal advice forum. I personally don't get involved in the critiquing of court case papers, so unable to help on that front. Please don't ask.
    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 1st Jun 19, 9:04 AM
    • 40,488 Posts
    • 24,533 Thanks
    Quentin
    thanks coupon mad, i agree, in this case im prepared to pay to go away.

    the frustrating thing is i did up date DVLA and credit record, theres not a reason why I didnt get this. They claimed to have done a credit check
    Originally posted by ginger8484
    There is a reason

    You say the offence was in October and you moved in November

    They will have got the rk details as held by DVLA prior to you changing them
    • ginger8484
    • By ginger8484 14th Jun 19, 6:38 AM
    • 12 Posts
    • 1 Thanks
    ginger8484
    Hello again, just wondering what you would advise if PE dont respond, ive emailed every day for over 2 weeks and heard nothing.
    • nosferatu1001
    • By nosferatu1001 14th Jun 19, 7:49 AM
    • 5,679 Posts
    • 7,255 Thanks
    nosferatu1001
    Absolutely nothing you can do.
    The "with consent" part means you need, well, their consent. You dont have it. So you have to proceed on a "without consent" basis.
    • ginger8484
    • By ginger8484 14th Jun 19, 9:29 AM
    • 12 Posts
    • 1 Thanks
    ginger8484
    but dont they have to provide me with any of the original parking notice details, i dont have any paperwork other than the CCJ
    • nosferatu1001
    • By nosferatu1001 14th Jun 19, 12:52 PM
    • 5,679 Posts
    • 7,255 Thanks
    nosferatu1001
    Did you send a SAR to their Data Protection Officer?
    You havent, that I've seen, told us WHO you emailed specifically, and what for.
    • ginger8484
    • By ginger8484 14th Jun 19, 3:01 PM
    • 12 Posts
    • 1 Thanks
    ginger8484
    ive emailed the only address they have to contact which is enforcement. enforcement@parkingeye.com, this included a SAR.

    I will sort a seperate SAR by post this weekend.

    Will they provide documentation as part of the court papers?
    • ginger8484
    • By ginger8484 14th Jun 19, 3:22 PM
    • 12 Posts
    • 1 Thanks
    ginger8484
    i have so far emailed the enforcement team, as recomended, making a request for a consent to set aside the CCJ. Providing the relevant details and requesting their standard consent to set aside template, whilst offeriny to pay the court fee.
    • ginger8484
    • By ginger8484 14th Jun 19, 3:45 PM
    • 12 Posts
    • 1 Thanks
    ginger8484
    I have another question if thats ok, does it matter that the PCN on the CCJ is dated 4 days after I parked?

    In reviewing my location data on my phone and checking the pay by phone app. I paid for the maximum available parking in a supposed 24 hour car park (signs are clear), but there was a maximum stay of 9 hours and it expired in the early hours of the morning. the maximum stay is not clear from signage and is ambiguous.
    • Coupon-mad
    • By Coupon-mad 14th Jun 19, 5:40 PM
    • 76,543 Posts
    • 89,880 Thanks
    Coupon-mad
    You don't post a SAR. P/Eye have an online page & form for their data SAR enquiries.

    does it matter that the PCN on the CCJ is dated 4 days after I parked?
    No, if that is the date of the PCN posted to you.

    In reviewing my location data on my phone and checking the pay by phone app. I paid for the maximum available parking in a supposed 24 hour car park (signs are clear), but there was a maximum stay of 9 hours and it expired in the early hours of the morning. the maximum stay is not clear from signage and is ambiguous.
    OK, that is a point of defence, among the usual ones seen on every defence thread, not that you are at defence stage.
    Last edited by Coupon-mad; 14-06-2019 at 5:42 PM.
    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
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