PEye CCJ: N244 or contact PE for Consent Order?

[TJO]

Hi all. Your advice is desp needed!

I have a CCJ from PEye (who else!) from February this year for an unpaid parking notice from December 2015. I found the CCJ on my record in June 2016 and since then have been researching and meeting with CAB and local PSU for advice and gathering evidence from DVLA and my doctors ready for my defence.

I was not driving the car nor present at the time of the incident. Although it was my car, my ex partner borrowed it and overstayed his welcome at the car park. So the defence is:

1. I wasn't driving or present.
2. I have a witness statement from my ex partner stating he was driving and that I wasn't present.
3. I didn't receive any documentation re: the parking notice or CCJ as I had moved and it was sent to an old address.
4. I didn't update the address on my V5 straight away, hence the documentation going to my old address, BUT, I have medical records showing I had discussed short term memory loss with my doctor due to the medication I was taking. Not an excuse, but it may have contributed to why I didn't update the V5 straight away.
5. I will say that I am willing to pay the parking notice and costs on behalf of my ex partner as he is currently living abroad.

All I want is the CCJ OFF my record.

My pressing questions are:

1. Should I submit the N244 to the courts to set aside as planned... OR
2. If I contact Parking Eye first to ask if I pay the costs, is it probable that they would agree to set it aside? I think this may be done using a Consent Order? (will be done via email).
3. If Parking Eye agree to set it aside, do I still need to submit the N244 and have a hearing?
4. Will Parking Eye be honest to the courts about agreeing to set aside the CCJ if I pay the fines beforehand? (as I don't want to pay it then have it still on my record as "settled" for 6 yrs, I want the CCJ off my record completely).

Any help is MUCH appreciated.
TJo xx

[mystery1]

Re: PEye CCJ: N244 or contact PE for Consent Order?

All I want is the CCJ OFF my record.

I found the CCJ on my record in June 2016

A set aside must be applied for promptly. You've definetely failed on this.

1. I wasn't driving or present.
2. I have a witness statement from my ex partner stating he was driving and that I wasn't present.

In October 2012 the protection of freedoms act 2102 schedule 4 came in to force. Essentially this makes the registered keeper liable if they comply with the requirements.

1. I didn't receive any documentation re: the parking notice or CCJ as I had moved and it was sent to an old address.
2. I didn't update the address on my V5 straight away, hence the documentation going to my old address, BUT, I have medical records showing I had discussed short term memory loss with my doctor due to the medication I was taking. Not an excuse, but it may have contributed to why I didn't update the V5 straight away.

To be fair PE can't contact you at an address that they do not know. Some would say for a no response case a tracing agent should be used to gain a CCJ. In your case it happened pretty quick so how a court would see that is anyones guess.

1. Should I submit the N244 to the courts to set aside as planned... OR
2. If I contact Parking Eye first to ask if I pay the costs, is it probable that they would agree to set it aside? I think this may be done using a Consent Order? (will be done via email).
3. If Parking Eye agree to set it aside, do I still need to submit the N244 and have a hearing?
4. Will Parking Eye be honest to the courts about agreeing to set aside the CCJ if I pay the fines beforehand? (as I don't want to pay it then have it still on my record as "settled" for 6 yrs, I want the CCJ off my record completely).

In my view, i would try #2 as removal is your priority. Whilst i'd expect PE to agree, as usual (as their greed is #1 and vindictiveness not a priority), the courts can still say no, and if you say you knew so long ago they'll be more inclined to say no. You cannot lie though, but if you don't state a date then it may never come to light.

What do you think [MENTION=71570]R0b[/MENTION] ?

M1

[TJO]

Re: PEye CCJ: N244 or contact PE for Consent Order?

Thank you for your reply [MENTION=5354]mystery1[/MENTION] - it's very much appreciated! I think I'm inclined to ask them for an agreement on the payment and a set aside.

Would you know if I need a lawyer to draft a Consent Order, or can I do it myself? And is there an uptodate template on the site? I had a look but no joy.

If on the consent order they agree to a set aside once I've paid, would the courts uphold this?

Thanks again, TJo.

[mystery1]

Re: PEye CCJ: N244 or contact PE for Consent Order?

Ask Parking eye if they have one or see if there is one here http://www.legalbeagles.info/forums/...-CCJ-Set-aside

If on the consent order they agree to a set aside once I've paid, would the courts uphold this?

Probably, if it's consented unless you get a right arsehole for a judge.

M1

[TJO]

Re: PEye CCJ: N244 or contact PE for Consent Order?

Thanks for the link - that thread was exactly what I was looking for! I just need to get PE's email address - hopefully one of the guys from the thread will be able to help.
Thank you again for your help - so much appreciated!

[mystery1]

Re: PEye CCJ: N244 or contact PE for Consent Order?

enforcement@parkingeye.co.uk if i recall correctly.

M1

[TJO]

Re: PEye CCJ: N244 or contact PE for Consent Order?

You beauty! Thank you!!!

[TJO]

Re: PEye CCJ: N244 or contact PE for Consent Order?

Email is correct as I've just had an auto reply. Fingers crossed!