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Thread: Hospital parking eye CCJ - advice required

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  1. #1
    Tolk's Avatar

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    Default Hospital parking eye CCJ - advice required

    Hello!

    I'm in need of some advice/guidance. I read extensively for the past few days on this website and moneysavingexpert to try and get my head around this whole crazy system.

    I did a credit check last week as I want to apply for a mortgage as a first time buyer. I found out that I have a CCJ. I rang Northampton county court who provided me with the following;

    Parking notice from parking eye at Sunderland hospital on September (failure to pay for parking) and was issued 7 days later. The CCJ is from 01/16 for £167.

    The initial parking notice charge and the court documentation must have all gone to my old address as this is the first I have heard about. I moved to a new house on 10 days prior to event.

    I have since being at this new address appealed (and won) two other parking notices from parking eye however they never mentioned this outstanding parking notice/CCJ.

    I checked the date on my online banking and I paid parking eye on that day with an amount for all day parking.

    1. I am going to appeal this however should I write to parking eye first explaining the situation that I was unaware of the parking notice/CCJ but did pay for parking on that day and ask them to set the case aisde by consent?

    2. If you don't think this is worth while or if I do not hear from them in 14 days I would apply for the CCJ to be set aside. If this is the case I have seen examples of the witness statements that I can edit to my circumstances. What are the chances for my grounds for it be set aside? I never received any letters (I had only moved into my new house on 10 days prior) and I didn't set up mail forwarding nor was my address updated on the electrol roll (arguments others have used). I do feel I have a prospect of defence given I paid.

    3. My partner thinks I should contact a lawyer to help deal with this as my grounds for having it set side aren't very strong and feels they me able to give more guidance, but this seems like an expensive prospect! However I do see advantage in that I find a lot of this legal speak/documentation quite confusing and am concerned if they send a representative they would understand how to argue this not to be set aside?

    Thank you for any help and advice!
    Last edited by Tolk; 20th May 2017 at 15:51:PM. Reason: extra detail/editing

  2. #2
    Tolk's Avatar

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    Default Re: Hospital parking eye CCJ - advice required

    Well I wrote to parkingeye to see if they would set aside by consent. They said no. So looks like will have to go down the N244 set side route.

    I have drafted a witness statement using the format provided on this website and added in my own details of events etc. Do I need to send a Draft order and Draft defence as well, there seems to be conflicting information on this website if you do or not. Or do I wait until the set aisde at court as been granted (fingers crossed) then submit my defence?

    From looking online it appears that the Hospital did not have planning permission for ANPR and signage and only applied for it after the my claim had been issued. Is this an argument to use in that there signage and the system used to enter me into a 'parking contract' was illegal and therefore the contract was invalid?

    http://www.sunderlandecho.com/our-re...sion-1-8103309

    Council planning permission -
    http://www.sunderland.gov.uk/online-...=ODSPZ5BBJ3G00
    http://www.sunderland.gov.uk/online-...=ODSPZDBBJ3H00

    I found this thread where someone has used the argument in their case but in his case there was still no planning permission in place. Sunderland Hospitals is now in place and retrospective...am unsure of significance of this.
    http://legalbeagles.info/forums/show...arking+eye+ccj

    Would really appreciate some help/feedback in this.

    Thank you
    Last edited by Tolk; 20th May 2017 at 16:06:PM. Reason: included link

  3. #3
    ostell's Avatar

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    Default Re: Hospital parking eye CCJ - advice required

    In the Pepipoo private parking forum one of the members has had several brushes with Sunderland, and won. Amongst the reasons for the charges being dropped have been incorrect signage and no advertisement consent. I believe several charges were dropped because of this. Advertisement consent cannot be retrospective.

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