ParkingEye set aside

[Nesta18]

Hi.

I am currently in the process of completing a set aside order against parking eye (Current witness statement below, defense not completed yet as working out what I need to do with that currently).

To give short details, CCJ discovered after checking credit report. Request to Northampton BC for details who replied 3 weeks later which meant too late to pay inside 1 month. All communication has been sent to an old address although all details are up to date.

I have created a witness statement based on looking at what other people have used on various forums. However, I have a few issues.

1: I do not have £255 spare at the moment to pay the set aside fee. How long can I leave it before I 'did not act quickly'
2: Is this the quickest way to get it off. It has come at a terrible time as we are due to look for our first house soon.
3: If I have to follow the long process, can I counter sue PE? Might seem petty, but, they are screwing me over and going to put my life on hold due to their incompetence and feel they should have to pay in some way rather than just crack on.

Any help is hugely appreciated. I have no idea what I am doing and relying on what I have read on forums. I will be sending a letter to my local MP in regards to this as I find it awful that people get put in this position and have to go through a complicated process to fight a big company doing whatever they fancy with no regard for the person.

I am xxxxxxxxxx and I am the Defendant in this matter.

This Witness Statement is in support of my application dated XXXXXX to:
·Set aside the Default Judgement dated as it was not properly served at my current address;
·Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
·Order for the original claim to be dismissed.

1. Default Judgement

1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant on
12^th September 2017. This judgement was found after completing a routine check of my credit report. Following contacting Northampton County Business Centre. I was made aware that the claimant is ParkingEye in respect of an unpaid parking fine at XXXXXXXXXXX.

1.2. The claim form was not served at my current address and I thus was not aware of the Default Judgement until 26^th September 2017. I understand that this Claim was served at, XXXXXXXXXXXX. However, I moved to a new address at XXXXXXXXX in June 2014, and again to XXXXXXXXXXXX in June 2015.

1.3. I have never received any previous documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

1.4. The Claimant's claim relates to an incident on XXXXXXX. At this time, DVLA records would show that the vehicle concerned in the matter, was registered at my current address, with myself as the registered keeper. Not at the address that has been served.


1.5. It is unclear where the claimant has sourced the information used to pursue the claim. The address used is one not lived at since June 2014, whilst the vehicle described in the particulars of the claim, has never been registered to that address.

1.6 Very simple and reasonable steps would quickly have provided the Claimant with both confirmations that the address they used was no longer where the defendant resides, and the information needed to acquire a current address. Such sources of information include, but are not limited to:
1.6.1 The electoral register, where I have been listed at my current address for close to two years.
1.6.2. The local council, where I have been listed at my current address for payment of council tax for over two years
1.6.3 The DVLA. The vehicle the claim is related to has been registered at my current address across the whole period of my ownership.

1.7.1. Civil Procedure Rule 6.3 requires that where a claimant has reason to believe that the address of the defendant, is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’)." As a result of this rule:
1.7.2. A prudent claimant should assume that lapse of time, or a failure to respond to correspondence, gives rise to a risk that the defendant has moved. The Claimant was negligent in failing to ascertain that an address was still correct before attempting to use that address.
1.7.3. Therefore, it follows that the claimant should always have known it was unsafe to issue the claim to that address and that there was neither good service nor entitlement to default judgment. Since the claimant should not have proceeded on the basis they, they claimant should have the costs of the application in any event.

1.8. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”

1.9. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to stay the Judgment to avoid it being recorded against me. I also kindly ask the Court to consider the reimbursement of the fee of £255 from the claimant should this request be successful.

[Amethyst]

Re: ParkingEye set aside

I don't think you will have an issued getting this set-aside - it would then come off the register within 30 days

1.5. It is unclear where the claimant has sourced the information used to pursue the claim. The address used is one not lived at since June 2014, whilst the vehicle described in the particulars of the claim, has never been registered to that address.

That is really the crux of the set aside application so I might make more of it.

Also

1.4. The Claimant's claim relates to an incident on XXXXXXX.

add in alleged incident there.

Also - have you spoken to Parking Eye ( well, their solicitors ) and asked them to consent to the set-aside being as they filed the claim at an address that had never been linked to the vehicle in question ? If you're having to wait a couple weeks till you can pay the £255 this might get PE to set-aside the judgment themselves. If they consent to the set-aside but won't sort it out themselves then you should get their consent in writing and your application will only be £100 ( as no hearing needed ). You still ask PE to reimburse that cost.

You are already 2 months from when you found out about the judgment - the 3 weeks for CCBC to reply can account for some of that but much more delay could become an issue.

[Nesta18]

Re: ParkingEye set aside

Thank you so much for the feedback Amethyst!

Should I send them my intended witness statement and offer them to set aside themselves or at least, agree to the set aside? Then I presume I send that with the N244 to the court?

On that note, would I need to offer them something, say paying the fine for them to sort the set aside?

I am just wanting to get it gone at this point as I am dreading it causing relationship issues with upcoming mortgage applications. Sorry for all the questions

[Amethyst]

Re: ParkingEye set aside

You could say that had you received anything from PE at all and found their parking charge to be genuine you would have settled the account immediately.

I wouldn't send them a copy of the application at the moment, just a letter;

You have the original claim form now from the court don't you - could you post up the particulars of claim - which solicitors did the claim or was it PE themselves?



Thinking something along these lines, very roughly, so edit however you like, and will probably want editing anyway once we've got the particulars of claim; maybe add something about the protection from freedoms act if they mention it - eg some bits from this Schedule 4;

“current address for service” means—
(a)

in the case of the keeper, an address which is either—
(i)

an address at which documents relating to civil proceedings could properly be served on the person concerned under Civil Procedure Rules; or
(ii)

the keeper’s registered address (if there is one); or
(b)

in the case of the driver, an address at which the driver for the time being resides or can conveniently be contacted;

Dear ParkingEye,

Reference: Claim xxxxxxxxx Parking Eye v Nesta18
Your Reference: parking ticket ref from POC

I have recently become aware of a County Court Judgment in Default obtained by yourselves/your client on 12th September 2017 for an alleged private parking charge from xxxxx 2014 for Vehicle Registration XXXX XXX.

I am writing to request PE/your client consent to set-aside the Judgment. I am currently drafting my formal application to the court to request the judgment be set-aside pursuant to CPR 13.3 for the following reasons;

1) According to your Particulars of Claim in the case the alleged incident took place on xxxxxxxxxxxxxx. At this time, DVLA records would show that the vehicle XXXX XXX, was registered at my current address, with myself as the registered keeper.
2) The vehicle has never been registered at the address to which you/your client issued the County Court Claim.
3) I have never received any communication from PE and was entirely unaware of any Private Parking Charge being made against my vehicle until finding the CCJ registered against me when checking my credit file, and obtaining copies of the original claim and judgment document from the court.

According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”

I therefore request you/your client consents to set-aside the judgment and provides me with all documentation / information relating to the original parking charge so that I may consider my position. Had I received the original charge it is likely it would have been settled immediately.

You will be aware that this application without consent will cost a £255 court fee. As it is your/your clients failure to take reasonable care that any letters and the subsequent court claim were issued to the correct address I will be asking the court to order you/your client pay the costs of the application along with any further costs allowed by the court.

I look forward to hearing from you/your client within 7 days after which time I shall be submitting my application to the courts.

Yours sincerely


Nesta18

[wales01man]

Re: ParkingEye set aside

How can PE get an address where the car was never registered to they only have the car reg no from ANPR or ticket issued to give to the DVLA ?

[Amethyst]

Re: ParkingEye set aside

I have a feeling they go out of their way to get an old address to get through a judgment. As Nesta kept electoral roll info updated and other creditors presumably when they checked the DVLA returned info ( to ensure the address etc was correct) they saw the older addresses and decided to use that instead? Maybe I'm too cynical and suspicious when it comes to these companies nowadays though.

Actually might be worth stating that you have a copy of the V5 document in that letter to evidence your position ( no need to send a copy just mention you have it with the date on etc )

[Nesta18]

Re: ParkingEye set aside

Amethyst, you probably have idea how much relief I just had to log in and see your help! That is amazing! Thank You.

The only possible way PE could get an old address is via my DVLA trail from my driving licence. However, I am also aware that they should be contacting the registered keeper, of which is me at my address and always has been. I am going to try and get the letter made up (with anything else you suggest following particulars below) 1st thing tomorrow morning and get that sent out recorded.

The particulars of the claim are: CLAIM FOR MONIES OUTSTANDING FROM THE DEFENDANT, AS REGISTERED KEEPER, IN RELATION TO A PARKING CHARGE, ISSUED 07/04/2017, FOR PARKING ON PRIVATE LAND IN BREACH OF THE T+C'S (THE CONTRACT). PARKINGEYE'S ANPR SYSTEM, MONITORING HOLIDAY INN XXXXXXX, CAPTURED VEHICLE XXXXXXX ENTERING AND LEAVING THE SITE, WITHOUT A VALID PARKING TICKET. THE SIGNAGE, CLEARLY DISPLAYED AT THE ENTRANCE TOAND THROUGHOUT THE SITE, STATES THAT THIS IS PRIVATE LAND, MANAGED BY PARKINGEYE LTD, AND IS A PAID PARKING SITE, ALONG WITH OTHER T+C'S BY WHICH THOSE WHO PARK AGREE TO BE BOUND. IN ACCORDANCE WITH THE T+C'S, THE PARKING CHARGE BECAME PAYABLE. NOTICE HAS BEEN GIVEN UNDER SCH 4 OF THE PROTECTION OF FREEDOMS ACT 2012, MAKING THE KEEPER LIABLE. FAILURE TO UPDATE KEEPER DETAILS WITH THE DVLA RESULTED IN THE RE-ISSUANCE OF CORRESPONDENCE, PERMITTING REDUCED PAYMENT. THIS CLAIM IS IN REFERENCE TO PARKING CHARGE(S) 402517/587328

It does also mention in my email back from CCBC 'Please contact the claimant solicitors directly if you wish to make payment, their details are on the bottom of the judgment. Their phone number is 0844 247 2985 and the reference is E0146588/RB/149883' However, the only details included on the judgement are mine and ParkingEye?

Note: I have just noticed the section which states that details where not up to date with the DVLA. That is absolute nonsense. The vehicle was 100% registered at my address at the time.

[Nesta18]

Re: ParkingEye set aside

Hello.

I have had a response back from parking eye. They have basically said no and pay us. They have also sent 3 letters with previous dates and my current address on which they claim to have sent. I have never received one so either these are a lie or the postman is on the payroll!

Not sure what to do here? I really can not afford to lose £250 and worried that the court will say all above board. I have attached the letters. Do I press on with my court application? I would love to take these guys on as it is awful that they can act like this and mess with people lives. But I feel I just don't have the experience. The only reason I am even considering is the great help I have had through here.

The other option I am thinking is to just pay the £197 and ask them for an uncontested set aside and pay the £100 for that too. I hate this option as basically allows them to get away with doing as they please and me having to have spend my xmas present money to sort it out.

Any help much appreciated as always.

[charitynjw]

Re: ParkingEye set aside

Hi

I'll give [MENTION=6]Amethyst[/MENTION] a nudge, but from what I can see P/E have not responded correctly to your request for consent to set aside.
They appear to be refusing any further appeals?

[Nesta18]

Re: ParkingEye set aside

Hi

I'll give @Amethyst a nudge, but from what I can see P/E have not responded correctly to your request for consent to set aside.
They appear to be refusing any further appeals?

Thank you.

I think I am just going to have to send off what I have at the minute. Do you know if parking eye will try to use these alleged letters against me? Will they be required to prove they actually sent them rather than just printed them?

I am putting together a sample of my defense to send to the court as I need to send this ASAP as I am aware the court may not entertain it at all if it has taken too long (more stress). Below is roughly what I am going to be going for as sample defense. If anyone does have the time to have a quick read if it is suitable that would be incredible.

1: Site in question changed to PE after being free to park 3 weeks before.
2: Defendant had been parking at the site to train staff on site for the last year on various days, where the car park has always been free.
3: Signage is not fit for purpose. Evidence shows signage at entrance is offset from the road you drive down. It was dark and there is no light on the signage. You can park and walk into the hotel without seeing any signs.
4: No fee is due as hotel state on website that £10 spend gives free parking. Was parking for an event which spent over £500 on bar spend and more on venue costs (evidenced).
5: Had papers been served properly, defendant would have had the opportunity to approach hotel for cancellation of PCN.
6. Had paper been served properly and hotel would not cancel, defendant would have challenged the PCN.
7: Defendant had a good credit record, ad would no reason not to have paid PCN if required to after challenge if was properly informed.

[charitynjw]

Re: ParkingEye set aside

Have they sent you a copy of the letter(s) allegedly sent to the 'alternative' address?

[Nesta18]

Re: ParkingEye set aside

Have they sent you a copy of the letter(s) allegedly sent to the 'alternative' address?

Hi Charitynjw

No. Just letters that show my current address. No letters which show additional address or the address the CCJ is registered too.

I am additionally currently thinking about re contacting them and restating my case and offering to pay the £100 fine and pay out for a consented set aside £100 which means they have to swallow £97 but I will re state the fact they will lose £250 if it goes to court and then I will defend also.

[charitynjw]

Re: ParkingEye set aside

You've posted 3 letters.
1/ Notice to Keeper (April 2017)
2/ Reminder (May 2017)
3/ P/E reply (Dec 2017) in response to your request for set aside.

Which were sent where? (Old or current address)
Have there been any others?

[Nesta18]

Re: ParkingEye set aside

You've posted 3 letters.
1/ Notice to Keeper (April 2017)
2/ Reminder (May 2017)
3/ P/E reply (Dec 2017) in response to your request for set aside.

Which were sent where? (Old or current address)
Have there been any others?

Hi.

All of the above letters have my current address on. I never received any of these, they came with PE response to the letter I sent with Amethysts help.

[charitynjw]

Re: ParkingEye set aside

Am I missing something here?

The NtK & other letters were allegedly sent to your current address?
But a court claim was served on a previous address?