Parking Eye CCJ

[YorkshireRose]

Hi
Parking Eye got a default judgment as my son stupidly ignored the correspondence issued to him.
Once I found out about the CCJ I made him send a cheque to ParkingEye in the amount of the £175 stated on the claim form (£100 claim amount, plus £50 legal costs and £25 court fee). This was done within 28 days of the judgment date to ensure the debt was not entered on the register of judgments,

However ParkingEye rejected the cheque stating the amount owed was £197.

We have received a copy of the judgment which does confirm the amount is £197.

I presume the £12 is statutory interest, however having read Parking Eyes Claim Form (copy attached), there is no mention of statutory interest. Can interest be applied if its not included in the particulars of claim??

I would appreciate any advise on how we can proceed as it appears to me ParkingEye have been awarded £50 in legal fees that they are not entitled to claim plus interests that was not requested.

[charitynjw]

Re: Parking Eye CCJ

Hi

That is the original court claim, not the judgment order.
Have you got copy of the latter?

[ostell]

Re: Parking Eye CCJ

This is not the first time PE have tried this.

[wales01man]

Re: Parking Eye CCJ

What matters is the total the court awards that's why it is staying on record needs setting aside now

[YorkshireRose]

Re: Parking Eye CCJ

Hi
I attach the judgment - my son had lost the original copy of this judgment when we made payment to ParkingEye. As there was no mention of interest on the claim form we remitted £175 to ParkingEye in the belief that this would satisfy the judgment in full.

Is it usual for the court to apply interest even if not requested in the particulars?

Thanks

[charitynjw]

Re: Parking Eye CCJ

£100 debt.
£97 costs.
Forthwith.

Did your son respond to the court claim in any way?
If not, why not?

[YorkshireRose]

Re: Parking Eye CCJ

Hi
No my son did not reply to the Court Claim or any previous paperwork, why? because he is 22 and stupid - he hid the paperwork possibly hoping it would go away

The Judgment states £100 for debt (and interest to date of judgment) and £97 for costs.
The claim form states £100 for debt (no interest requested in the particulars) and costs of £75 (£25 court fee + legal rep £50)

How can a default judgement be made for more that the amount claimed???

[charitynjw]

Re: Parking Eye CCJ

Hi
No my son did not reply to the Court Claim or any previous paperwork, why? because he is 22 and stupid - he hid the paperwork possibly hoping it would go away*


How can a default judgement be made for more that the amount claimed???**

*Probably because of this bit.
**As for the latter.......because the court has ordered it.

[YorkshireRose]

Re: Parking Eye CCJ

Thanks for the explanation - I presume there is no way now to prevent this from being entered on the register of judgments? It was a genuine error not paying the full judgment amount

[ostell]

Re: Parking Eye CCJ

Depends. If it is less than a month since the judgement then it should not go into the register if paid straight away. Otherwise you could apply, with PE's consent, to have the judgement set aside. PE will want the money and it will be £255 to the court or £100 if PE are willing.

[YorkshireRose]

Re: Parking Eye CCJ

Thanks Ostell
I am still a bit stumped as to why the default judgment issued by Northampton was for £12 more than the claim value.
I am not aware of any other fee that is applied for entering judgment (please correct me if I'm wrong) and there was no provision for statutory interest in the particulars - surely the court can't arbitrarily apply addition costs

[charitynjw]

Re: Parking Eye CCJ

The court does have discretion, via CPR 27, to award costs as they see fit.

Unfortunately, as your son chose not to engage with the court, I fear that the court may have imposed 'extras' as a result.