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Parking Eye CCJ - Set aside ?

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  • Parking Eye CCJ - Set aside ?

    If you wish to make an application to have the judgment set aside, it will cost you £155.00 (unless you're entitled to remission: https://www.justice.gov.uk/courts/fees). I'm happy to help you draft the application to have the judgment set aside.
    I just found out that I've got parking eye CCJ on my credit record after being refused credit (I've never missed a payment). These are the details I have gathered from contacting ParkingEye…

    Date of "parking offence": 18th April 2014
    Date of moving house: 27th June 2014
    Date of default judgement: 05th August 2014
    Date of updating DVLA with new address: 01st December 2014

    Because I took nearly 6 months to update my registered address with the DVLA I doubt I have much of a chance of getting the judgement set aside based on the argument documents were sent to the wrong address (plus I don't really have much of a solid ground to defend the "parking offence" as I have absolutely no evidence to back up any claim I could make and don't have time to gather any). Therefore, I'm looking at settling the debt with ParkingEye and want the CCJ removed; based on what you mentioned here:

    Originally posted by dan_1207 View Post
    Parkingeye will doubtless ask that you pay the full judgment amount before they will sign a consent form. If you're happy with this and pay, you'll have to cough up a further £50.00 and file a consent order (I can draft this for you.)
    I would really appriciate if you could help me in the next step I can take.

    Thanks in advance,
    Tags: None

  • #2
    Re: Parking Eye CCJ - Set aside ?

    http://legalbeagles.info/library/how...-judgment-ccj/

    There are 2 categories for a set aside. 1. Must be set aside because the rules were not followed. 2. May be set aside if a judge agrees with you.

    If they served the paperwork properly (which would be on your old address, how would you know ?) then you are on option 2.



    It depend s on what harm 6 years of hard to get credit will do for you but in most cases it's better to try even if you pay in full later.

    M1

    Comment


    • #3
      Re: Parking Eye CCJ - Set aside ?

      Originally posted by mystery1 View Post
      It depend s on what harm 6 years of hard to get credit will do for you but in most cases it's better to try even if you pay in full later
      I've no need for consumer credit as I hate having debts, I much prefer to save up then buy rather than buy now and pay more in the long run.... However, I'm worried about when we look at re mortgaging our house in 2 years time when our current 5-year fixed deal runs out.

      I was reading about how to file a consent order after paying off the debt, as has been discussed on this thread:
      http://www.legalbeagles.info/forums/...301#post524301

      Particularly the part:
      The CCJ is for £165.00? In that case, you can either pay the Claimant the CCJ amount only (i.e. £165.00) plus the cost of filing a consent order (£50) - total paid, £215.00 - guarantee of CCJ removed 100%


      I'm happy to just pay the £185 "debt" so long as ParkingEye will agree to remove the CCJ by having it set aside by me paying the court £50.... I've also read this advice elsewhere.

      Thanks,

      Comment


      • #4
        Re: Parking Eye CCJ - Set aside ?

        Originally posted by junglist_matty View Post
        I've no need for consumer credit as I hate having debts, I much prefer to save up then buy rather than buy now and pay more in the long run.... However, I'm worried about when we look at re mortgaging our house in 2 years time when our current 5-year fixed deal runs out.

        I was reading about how to file a consent order after paying off the debt, as has been discussed on this thread:
        http://www.legalbeagles.info/forums/...301#post524301

        Particularly the part:


        [/COLOR]I'm happy to just pay the £185 "debt" so long as ParkingEye will agree to remove the CCJ by having it set aside by me paying the court £50.... I've also read this advice elsewhere.

        Thanks,

        You could ask but i fear they'll tell you to go forth and multiply.

        It's not just "debt" things like phone contracts can be affected too.

        M1

        Comment


        • #5
          Re: Parking Eye CCJ - Set aside ?

          What do you think are realistic chances of getting the case set aside based on the dates above? Many witness statements I've read contain statements such as:

          - I have sent the New Keeper’s details from (V5C/2) to the DVLA by post immediately after moving home on XXX thus fulfilling my obligation to keep the DVLA up to date.
          - My address changed in XXX and a redirection service was in place from XXX to XXX
          - I informed my creditors with my new address as soon as my address changed


          all of which I have not satisfied.... Based on what I've read around the net, this doesn't paint a very good picture for my chances of having it set aside - unless you think otherwise?

          Thanks,

          Comment


          • #6
            Re: Parking Eye CCJ - Set aside ?

            A CCJ is a powerful weapon for These companies they get a lot of payments because of the problems a CCJ causes so a set aside probably will not happen why should they its down to you to try in court why should they give in

            Comment


            • #7
              Re: Parking Eye CCJ - Set aside ?

              Originally posted by wales01man View Post
              A CCJ is a powerful weapon for These companies they get a lot of payments because of the problems a CCJ causes so a set aside probably will not happen why should they its down to you to try in court why should they give in
              Indeed.... I managed to find a phone number for the company and got hold of an email address for their legal team so I've sent them a polite email kindly asking if they would be prepared to sign a consent order if I paid the charges in full.... Will give it a few days to wait to hear what they say, if nothing, I'll try my luck at getting it set aside by applying to the courts directly.

              Cheers for all the help & advice thus far.

              Comment


              • #8
                Re: Parking Eye CCJ - Set aside ?

                It's more about having a defence and a judge who doesn't hate you. Clearly you didn't have a chance to defend.

                I'd sat 51/49 in your favour.

                M1

                Comment


                • #9
                  Re: Parking Eye CCJ - Set aside ?

                  To be honest, I'm not really that fussed about fighting the "fine" as I don't really have much of a defence, it's a financial gamble in loosing the £155 set aside application and I have to go to court which costs me even more time in researching.... All I want is the CCJ off my record.

                  I've written to ParkingEye requesting they will sign a consent order if I pay the fine to which they have agreed, meaning I pay the £180, then pay a £50 application to submit the consent order to the court.... However I've been asked to send them the consent order which I need to write....

                  Are there any example/sample consent orders I can use as a template?

                  Comment


                  • #10
                    Re: Parking Eye CCJ - Set aside ?

                    http://www.wikivorce.com/divorce/Fin...l-Example.html

                    Post your up when you're done and i'll give my opinion if you want.

                    M1

                    Comment


                    • #11
                      Re: Parking Eye CCJ - Set aside ?

                      Originally posted by mystery1 View Post
                      http://www.wikivorce.com/divorce/Fin...l-Example.html

                      Post your up when you're done and i'll give my opinion if you want.

                      M1
                      Thanks,
                      I found this webpage http://www.justanswer.co.uk/law/81l3...ress-when.html with an example draft order:


                      UPON THE APPLICATION OF THE PARTIES

                      [YOUR NAME and ADDRESS previously of OLD ADDRESS]


                      [CLAIMANTS NAME AND ADDRESS]

                      BY CONSENT
                      IT IS ORDERED THAT

                      1. The proceedings herein be stayed on the terms set out in the Schedule.
                      2. [Your Name] has prior to the date of this order paid to [Claimants name] the sum of £400 pounds receipt of which [Claimant's name] acknowledges.

                      3. the CCJ held for [Your name] under claim number [Claim Nunber] be removed and deleted from public record
                      4. No order as to costs


                      signed by claimant
                      signed by defendant
                      But section 1 states "the schedule"... which I cannot find details of, what should "the schedule" be?

                      Thanks a million for your help.

                      Comment


                      • #12
                        Re: Parking Eye CCJ - Set aside ?

                        I'd guess that it is just a fuller clearer statement of what is agreed but am not 100%. I'll ask around see if anyone can help.

                        M1

                        Comment


                        • #13
                          Re: Parking Eye CCJ - Set aside ?

                          [MENTION=65997]SPQR[/MENTION]
                          A Tomlin Order is a type of consent order which has a schedule attached. The consent order basically refers to the fact that the parties have made an agreement. The schedule contains that agreement but remains confidential.

                          Tomlin order example: http://uk.practicallaw.com/5-205-2990

                          [MENTION=62240]dan_1207[/MENTION]
                          A Schedule in a TO deals with anything you want it to, and sets out terms that can (if one wishes) be outside of the claim. Foe example, the front sheet says both parties agree to the terms set out in the attached schedule, then 2nd sheet has terms



                          Hope that helps.

                          M1

                          Comment


                          • #14
                            Re: Parking Eye CCJ - Set aside ?

                            Thanks, the explanations help clear up a little confusion..... But I can't access the example (can't register):

                            Tomlin order example: http://uk.practicallaw.com/5-205-2990

                            Comment


                            • #15
                              Re: Parking Eye CCJ - Set aside ?

                              Me either

                              http://www.keatingchambers.co.uk/mul...2005032012.pdf

                              M1

                              Comment

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