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My fiance was issued with two parking charges by Parkingeye after she had sold her car. She then moved house but forgot to update her details with the DVLA for a while.
Parkingeye send the charge details to her old address, and as she didn't respond they initiated court proceedings and she now has a CCJ against her.
She has proved to the satisfaction of parkingeye that she didn't own the car, and they have cancelled one of the tickets. However, on the other one they are stating that she will need to pay to get the CCJ removed (email reproduced below).
We are now stuck as to what the best course of action is - as she didn't own the car we don't feel it is fair that she should pay anything but the CCJ is affecting her credit record and needs removing asap. Also we are unsure of what a consent order needs to contain and therefore unsure about how to draft one.
Any help gratefully received!
We are writing in relation to the Parking Charge with reference 411341/568653 and subsequent County Court Claim issued against you (A3FC06A0).
ParkingEye can confirm that throughout this case, standard procedure has been followed at all times, up to and including the court claim issued against yourself. We can confirm that the Parking Charge with reference 411341/568653 was processed for further action, in the form of a County Court Claim, prior to us becoming aware of a new address. ParkingEye obtains all information with regards to the registered keeper of a vehicle from the DVLA and it is the duty of the Registered Keeper to ensure that they update the DVLA with any new address. In this instance, because the relevant address had seemingly not been kept up to date prior to the purported sale of the vehicle on 19 September 2014, ParkingEye has sent numerous pieces of correspondence to an incorrect address. ParkingEye can confirm that a Default Judgment was applied for, and granted on 19 January 2015, as you did not respond to the claim form within the timeframe set by the court.
In relation to your comments regarding a second Parking Charge (reference 221352/299810), we note that you contacted us regarding the same on 13 December 2014. Further information was then requested by ParkingEye on 29 December 2014, but it is noted that this was not provided until 29 May 2015. We can confirm that this second charge has subsequently been cancelled, but it is ParkingEye’s position that this does not affect the circumstances surrounding the charge with reference 411341/568653, especially as further costs have been incurred in respect of the same. In this regard, whilst ParkingEye would not oppose the setting aside of the Judgment, it is our position that the costs of the same should be borne by the Keeper, given both the failure to keep the address held by the DVLA up to date and the delay in providing the further information requested.
The standard procedure for setting aside a Default Judgment would be for an N244 form to be filed with the court and a court fee of £155 to paid. Please note that by making an application this does not guarantee that the Judgment will be set aside and that this will involve a hearing in front of a Judge. As an alternative, such an application can also be done via consent and in this instance, given the circumstances outlined, ParkingEye would be prepared to attempt to deal with this matter via a Consent Order. The cost of this would be £50, payable to the court, which would need to be covered by yourself and not ParkingEye. We would need you to draft the order required and once it is prepared, we would request that this is sent to us by return to this email address. This will then be reviewed and should any changes be required, we will notify you of the same, so that we can work to find an agreeable solution to the case.
Kind regards,
ParkingEye Enforcement Team
Parkingeye send the charge details to her old address, and as she didn't respond they initiated court proceedings and she now has a CCJ against her.
She has proved to the satisfaction of parkingeye that she didn't own the car, and they have cancelled one of the tickets. However, on the other one they are stating that she will need to pay to get the CCJ removed (email reproduced below).
We are now stuck as to what the best course of action is - as she didn't own the car we don't feel it is fair that she should pay anything but the CCJ is affecting her credit record and needs removing asap. Also we are unsure of what a consent order needs to contain and therefore unsure about how to draft one.
Any help gratefully received!
We are writing in relation to the Parking Charge with reference 411341/568653 and subsequent County Court Claim issued against you (A3FC06A0).
ParkingEye can confirm that throughout this case, standard procedure has been followed at all times, up to and including the court claim issued against yourself. We can confirm that the Parking Charge with reference 411341/568653 was processed for further action, in the form of a County Court Claim, prior to us becoming aware of a new address. ParkingEye obtains all information with regards to the registered keeper of a vehicle from the DVLA and it is the duty of the Registered Keeper to ensure that they update the DVLA with any new address. In this instance, because the relevant address had seemingly not been kept up to date prior to the purported sale of the vehicle on 19 September 2014, ParkingEye has sent numerous pieces of correspondence to an incorrect address. ParkingEye can confirm that a Default Judgment was applied for, and granted on 19 January 2015, as you did not respond to the claim form within the timeframe set by the court.
In relation to your comments regarding a second Parking Charge (reference 221352/299810), we note that you contacted us regarding the same on 13 December 2014. Further information was then requested by ParkingEye on 29 December 2014, but it is noted that this was not provided until 29 May 2015. We can confirm that this second charge has subsequently been cancelled, but it is ParkingEye’s position that this does not affect the circumstances surrounding the charge with reference 411341/568653, especially as further costs have been incurred in respect of the same. In this regard, whilst ParkingEye would not oppose the setting aside of the Judgment, it is our position that the costs of the same should be borne by the Keeper, given both the failure to keep the address held by the DVLA up to date and the delay in providing the further information requested.
The standard procedure for setting aside a Default Judgment would be for an N244 form to be filed with the court and a court fee of £155 to paid. Please note that by making an application this does not guarantee that the Judgment will be set aside and that this will involve a hearing in front of a Judge. As an alternative, such an application can also be done via consent and in this instance, given the circumstances outlined, ParkingEye would be prepared to attempt to deal with this matter via a Consent Order. The cost of this would be £50, payable to the court, which would need to be covered by yourself and not ParkingEye. We would need you to draft the order required and once it is prepared, we would request that this is sent to us by return to this email address. This will then be reviewed and should any changes be required, we will notify you of the same, so that we can work to find an agreeable solution to the case.
Kind regards,
ParkingEye Enforcement Team
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