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Apologies for this repost, but I joined yesterday and put this in the welcome section. So here it is posted again.
I'm hoping to get some advice about what steps I should take to try to quash or cancel a County Court Judgement that has been made against me in what I think has been an incorrect process. I will try and explain in as much detail as I can.
In September 2018 I parked in public parking at the University Hospital of Wales, in Cardiff when visiting my mother who had recently suffered a heart attack. Parking at the hospital had recently been been made free for the public. I made a mistake and parked in a staff area and received a parking charge notice from Parking Eye.
Parking Eye obtained my London address from the DVLA using the VRM of my vehicle and wrote to me with a parking charge notice. I should make it clear I have lived at my current address for 18 years which is important. I wrote to them explaining my mistake and in so doing l accepted what I had done. I worded the letter in accordance with the usual appeal regarding the matter and offered a reasonable amount of £25, which was suggested in good faith as it was not obvious to me at the time that I had parked in a restricted area. I heard no more from them. I have had private parking tickets in the past and they usually arrive on a regular basis and with varying levels of threat. I had reason to believe that they had accepted my letter and that they were not going to pursue the matter. Oh how wrong I was.
I have just visited my parent's home and come across two letters from Parking Eye sent to my parent's former address in Cardiff. I should say that although I lived there at one time I have not lived there since 1988 and my parent's have not lived there since 2009. The letters were redirected and have sat at my parent's home since April and March 2019. I very rarely go to my parent's home in Cardiff and this is the first time I have seen them. They are unfortunately the letter from Parking Eye notifying me of their intention to proceed with a County Court claim and the subsequent judgement from Northampton County Court against me.
I suspect that this is not in accordance with the regulations and I think completely against all reasonable procedure. Given that the initial parking charge is issued to the registered keeper of the vehicle and that the address of the registered keeper is obtained from the DVLA. That address should be the address used to pursue the driver of the vehicle at the time. My vehicles and driving license are registered at my London address with the DVLA. I have lived at this address for 18 years yet Parking Eye have taken it upon themselves to delve into past records and found this former address, then gone ahead with a claim using this outdated address. They have obviously given this address to the Court as the paperwork states in the small print 'claimant received no response to correspondence' so an alternative address was found via a credit reference agency. It also states that 'keeper is liable' so why pursue a different address to the registered keeper. I find this incredible. Without any contact or confirmation that I was living at this address the paperwork has been served, and I was not able to respond to it. If I had known that it was being put through the court I would have paid the £70 and got rid of the matter. My father did not unfortunately take any notice of the letters and did not forward them to me and so I have only just found out that I have a County Court Judgement.
I spoke to the court today in Northampton who advised that Parking Eye have not taken any action since the judgement in March. I am considering the options open to me. Either I pay Parking Eye the £167 in total and have done with the risk of any further action, I don't want the sum to go up, but I definitely don't want Debt collectors appearing at the door which must surely be the next step or do I bite the bullet and appeal to a Judge. The court advised that there is a procedure to appeal to a Judge which will cost me £255 and there is the possibility that the CCJ would be quashed if I can prove that the actions have been unreasonable.
What if anything would you suggest I do. I am preparing a letter for Parking Eye explaining how I think they have acted 'not in accordance' but even if they were to agree to accept a reasonable payment I still have a County Court Judgement hanging over me for 6 years.
I would appreciate any advice on this matter.
Par King Mad
I'm hoping to get some advice about what steps I should take to try to quash or cancel a County Court Judgement that has been made against me in what I think has been an incorrect process. I will try and explain in as much detail as I can.
In September 2018 I parked in public parking at the University Hospital of Wales, in Cardiff when visiting my mother who had recently suffered a heart attack. Parking at the hospital had recently been been made free for the public. I made a mistake and parked in a staff area and received a parking charge notice from Parking Eye.
Parking Eye obtained my London address from the DVLA using the VRM of my vehicle and wrote to me with a parking charge notice. I should make it clear I have lived at my current address for 18 years which is important. I wrote to them explaining my mistake and in so doing l accepted what I had done. I worded the letter in accordance with the usual appeal regarding the matter and offered a reasonable amount of £25, which was suggested in good faith as it was not obvious to me at the time that I had parked in a restricted area. I heard no more from them. I have had private parking tickets in the past and they usually arrive on a regular basis and with varying levels of threat. I had reason to believe that they had accepted my letter and that they were not going to pursue the matter. Oh how wrong I was.
I have just visited my parent's home and come across two letters from Parking Eye sent to my parent's former address in Cardiff. I should say that although I lived there at one time I have not lived there since 1988 and my parent's have not lived there since 2009. The letters were redirected and have sat at my parent's home since April and March 2019. I very rarely go to my parent's home in Cardiff and this is the first time I have seen them. They are unfortunately the letter from Parking Eye notifying me of their intention to proceed with a County Court claim and the subsequent judgement from Northampton County Court against me.
I suspect that this is not in accordance with the regulations and I think completely against all reasonable procedure. Given that the initial parking charge is issued to the registered keeper of the vehicle and that the address of the registered keeper is obtained from the DVLA. That address should be the address used to pursue the driver of the vehicle at the time. My vehicles and driving license are registered at my London address with the DVLA. I have lived at this address for 18 years yet Parking Eye have taken it upon themselves to delve into past records and found this former address, then gone ahead with a claim using this outdated address. They have obviously given this address to the Court as the paperwork states in the small print 'claimant received no response to correspondence' so an alternative address was found via a credit reference agency. It also states that 'keeper is liable' so why pursue a different address to the registered keeper. I find this incredible. Without any contact or confirmation that I was living at this address the paperwork has been served, and I was not able to respond to it. If I had known that it was being put through the court I would have paid the £70 and got rid of the matter. My father did not unfortunately take any notice of the letters and did not forward them to me and so I have only just found out that I have a County Court Judgement.
I spoke to the court today in Northampton who advised that Parking Eye have not taken any action since the judgement in March. I am considering the options open to me. Either I pay Parking Eye the £167 in total and have done with the risk of any further action, I don't want the sum to go up, but I definitely don't want Debt collectors appearing at the door which must surely be the next step or do I bite the bullet and appeal to a Judge. The court advised that there is a procedure to appeal to a Judge which will cost me £255 and there is the possibility that the CCJ would be quashed if I can prove that the actions have been unreasonable.
What if anything would you suggest I do. I am preparing a letter for Parking Eye explaining how I think they have acted 'not in accordance' but even if they were to agree to accept a reasonable payment I still have a County Court Judgement hanging over me for 6 years.
I would appreciate any advice on this matter.
Par King Mad
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