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ParkingEye set aside

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  • #16
    Re: ParkingEye set aside

    Originally posted by charitynjw View Post
    Am I missing something here?

    The NtK & other letters were allegedly sent to your current address?
    But a court claim was served on a previous address?
    Nope. Not missing anything unfortunately. They claim to have sent PCN letters to my current address, then due to ‘no response’ used a credit agency to track an old address to serve! Madness. I have been on the electoral role at my address for over 2 years so why they would decide to serve to an old address on my credit file is beyond me.

    Comment


    • #17
      Re: ParkingEye set aside

      P/E at their creative best (or creative worst, perhaps).

      Have your details at DVLA been updated, & if so, when (& which address)?
      CAVEAT LECTOR

      This is only my opinion - "
      Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb

      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.

      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #18
        Re: ParkingEye set aside

        Originally posted by charitynjw View Post
        P/E at their creative best (or creative worst, perhaps).

        Have your details at DVLA been updated, & if so, when (& which address)?
        Indeed. It’s really appalling behaviour. If it wasn’t for forums like this, I would have no idea what to do. I presume that’s what they bank on.

        I requested DVLA records for the car which I have now received and shows it being registered to my address 4 months before the PCN and in my possesion after the date of the CCJ. Have this as an official letter from DVLA. My drivers licence was registered at served address (Address #1) 4 years ago, and at the time of PCN was registered to a previous address (address 2) as I had not updated my drivers license (I have since updated to current address, Address #3). However, from some reading, I presume this is slightly imaterial As the PCN is linked to the registered keeper.

        I presume PE will argue they got no response on the RK address and tried to trace. However tracing by sending everything to a 6 year old address is laughable surely? I was just put off that PE completely rebuffed my consent to set aside offer. As I presume they think thy will win.

        Comment


        • #19
          Re: ParkingEye set aside

          They're clearly on a sticky wicket re a wrong court claim service address, but for completeness you'll need a viable defence for the 'grand slam'.

          Did you get (or can you get) pics of the current site signage?
          Time of day is important.....19:32 was sunset in London that day.
          https://www.timeanddate.com/sun/uk/london?month=3
          Were site signs illuminated?
          Is there adequate signage in reception etc etc.?
          CAVEAT LECTOR

          This is only my opinion - "
          Opinions are made to be changed --or how is truth to be got at?" (Byron)

          You and I do not see things as they are. We see things as we are.
          Cohen, Herb

          There is danger when a man throws his tongue into high gear before he
          gets his brain a-going.
          Phelps, C. C.

          "They couldn't hit an elephant at this distance!"
          The last words of John Sedgwick

          Comment


          • #20
            Re: ParkingEye set aside

            Originally posted by charitynjw View Post
            They're clearly on a sticky wicket re a wrong court claim service address, but for completeness you'll need a viable defence for the 'grand slam'.

            Did you get (or can you get) pics of the current site signage?
            Time of day is important.....19:32 was sunset in London that day.
            https://www.timeanddate.com/sun/uk/london?month=3
            Were site signs illuminated?
            Is there adequate signage in reception etc etc.?
            Thank you for all your help today charitynjw

            I have attached photo's I have taken to show the poor illumination of the signage and the completely stupid location of the main entry sign. It was dark when I parked at the entry sign is located away from the flow of the road with zero illumination as you will be able to see in images.

            I will have a wander into reception tomorrow. I have parked on the site for business reasons over 12 times before and the PE had been installed 3 weeks prior so the signage is just not fit for purpose at all.
            Attached Files

            Comment


            • #21
              Re: ParkingEye set aside

              What we're after (reception pics etc) is how obvious it would be to the hotel user that vehicle reg details must be given (re the free parking).
              The dark car park pics are useful.
              CAVEAT LECTOR

              This is only my opinion - "
              Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb

              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.

              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #22
                Re: ParkingEye set aside

                Hi All.

                Just an update. After a bit of back and forth with parking eye, I have managed to get hem to agree to a 'gesture of good will' payment of £20 for them to sign a tomlin order by consent. Ultimately, I will be £120 out of pocket, which sucks, ut better than no mortgage. I am pretty sure I would have won in court, but I just felt passage of time is very long, I was worried about loosing £250 and then having a CCJ for 6 years.

                Does anyone have, or could point me in the direction of, an example of a Tomlin order I could use for them to sign? Also, I presume I still need to complete the N244?

                Thank you everyone!

                Comment


                • #23
                  Re: ParkingEye set aside

                  Have you agreed with them that they will consent to the set aside, you pay them £20 and they discontinue the claim?
                  I'm away till the 24th August - please contact @Kati if needed

                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #24
                    Re: ParkingEye set aside

                    Originally posted by Amethyst View Post
                    Have you agreed with them that they will consent to the set aside, you pay them £20 and they discontinue the claim?
                    Hi Amethyst.

                    Yes that is right. They have agreed to sign a tomlin order and accept £20. Im just struggling to find a template of one that is relevant.

                    Nesta

                    Comment


                    • #25
                      Re: ParkingEye set aside

                      Have a mooch on Timster's thread as he's doing the same ( settlement and consent to set aside) his version http://legalbeagles.info/forums/atta...2&d=1516367026 / or the one BW Legal drafted for him to sign http://legalbeagles.info/forums/atta...1&d=1516056013 / and covering letter http://legalbeagles.info/forums/atta...0&d=1516056001
                      I'm away till the 24th August - please contact @Kati if needed

                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #26
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                        Originally posted by Amethyst View Post
                        Re: ParkingEye set aside

                        Have a mooch on Timster's thread as he's doing the same ( settlement and consent to set aside) his version http://legalbeagles.info/forums/atta...2&d=1516367026 / or the one BW Legal drafted for him to sign http://legalbeagles.info/forums/atta...1&d=1516056013 / and covering letter http://legalbeagles.info/forums/atta...0&d=1516056001
                        Thank you for the help.

                        I did exactly this, I even afforded myself a sigh of relief when I sent everything.

                        I have just just received this back. Is it over for me? Do I have to live with the CCJ!? So gutted..

                        Comment


                        • #27
                          The court doesn't have to agree with a consent order. The order should be redrawn in the terms that BW put http://legalbeagles.info/forums/atta...1&d=1516056013 as that covers what the DJ has stated. I'll have a look on Timsters thread and see what happened with his one.
                          I'm away till the 24th August - please contact @Kati if needed

                          “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                          If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                          Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                          Comment

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