ParkingEye set aside

[Nesta18]

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?

Nope. Not missing anything unfortunately. They claim to have sent PCN letters to my current address, then due to ‘no response’ used a credit agency to track an old address to serve! Madness. I have been on the electoral role at my address for over 2 years so why they would decide to serve to an old address on my credit file is beyond me.

[charitynjw]

Re: ParkingEye set aside

P/E at their creative best (or creative worst, perhaps).

Have your details at DVLA been updated, & if so, when (& which address)?

[Nesta18]

Re: ParkingEye set aside

P/E at their creative best (or creative worst, perhaps).

Have your details at DVLA been updated, & if so, when (& which address)?

Indeed. It’s really appalling behaviour. If it wasn’t for forums like this, I would have no idea what to do. I presume that’s what they bank on.

I requested DVLA records for the car which I have now received and shows it being registered to my address 4 months before the PCN and in my possesion after the date of the CCJ. Have this as an official letter from DVLA. My drivers licence was registered at served address (Address #1) 4 years ago, and at the time of PCN was registered to a previous address (address 2) as I had not updated my drivers license (I have since updated to current address, Address #3). However, from some reading, I presume this is slightly imaterial As the PCN is linked to the registered keeper.

I presume PE will argue they got no response on the RK address and tried to trace. However tracing by sending everything to a 6 year old address is laughable surely? I was just put off that PE completely rebuffed my consent to set aside offer. As I presume they think thy will win.

[charitynjw]

Re: ParkingEye set aside

They're clearly on a sticky wicket re a wrong court claim service address, but for completeness you'll need a viable defence for the 'grand slam'.

Did you get (or can you get) pics of the current site signage?
Time of day is important.....19:32 was sunset in London that day.
https://www.timeanddate.com/sun/uk/london?month=3
Were site signs illuminated?
Is there adequate signage in reception etc etc.?

[Nesta18]

Re: ParkingEye set aside

They're clearly on a sticky wicket re a wrong court claim service address, but for completeness you'll need a viable defence for the 'grand slam'.

Did you get (or can you get) pics of the current site signage?
Time of day is important.....19:32 was sunset in London that day.
https://www.timeanddate.com/sun/uk/london?month=3
Were site signs illuminated?
Is there adequate signage in reception etc etc.?

Thank you for all your help today charitynjw

I have attached photo's I have taken to show the poor illumination of the signage and the completely stupid location of the main entry sign. It was dark when I parked at the entry sign is located away from the flow of the road with zero illumination as you will be able to see in images.

I will have a wander into reception tomorrow. I have parked on the site for business reasons over 12 times before and the PE had been installed 3 weeks prior so the signage is just not fit for purpose at all.

[charitynjw]

Re: ParkingEye set aside

What we're after (reception pics etc) is how obvious it would be to the hotel user that vehicle reg details must be given (re the free parking).
The dark car park pics are useful.

[Nesta18]

Re: ParkingEye set aside

Hi All.

Just an update. After a bit of back and forth with parking eye, I have managed to get hem to agree to a 'gesture of good will' payment of £20 for them to sign a tomlin order by consent. Ultimately, I will be £120 out of pocket, which sucks, ut better than no mortgage. I am pretty sure I would have won in court, but I just felt passage of time is very long, I was worried about loosing £250 and then having a CCJ for 6 years.

Does anyone have, or could point me in the direction of, an example of a Tomlin order I could use for them to sign? Also, I presume I still need to complete the N244?

Thank you everyone!

[Amethyst]

Re: ParkingEye set aside

Have you agreed with them that they will consent to the set aside, you pay them £20 and they discontinue the claim?

[Nesta18]

Re: ParkingEye set aside

Have you agreed with them that they will consent to the set aside, you pay them £20 and they discontinue the claim?

Hi Amethyst.

Yes that is right. They have agreed to sign a tomlin order and accept £20. Im just struggling to find a template of one that is relevant.

Nesta

[Amethyst]

Re: ParkingEye set aside

Have a mooch on Timster's thread as he's doing the same ( settlement and consent to set aside) his version http://legalbeagles.info/forums/atta...2&d=1516367026 / or the one BW Legal drafted for him to sign http://legalbeagles.info/forums/atta...1&d=1516056013 / and covering letter http://legalbeagles.info/forums/atta...0&d=1516056001

[Nesta18]

Re: ParkingEye set aside

Have a mooch on Timster's thread as he's doing the same ( settlement and consent to set aside) his version http://legalbeagles.info/forums/atta...2&d=1516367026 / or the one BW Legal drafted for him to sign http://legalbeagles.info/forums/atta...1&d=1516056013 / and covering letter http://legalbeagles.info/forums/atta...0&d=1516056001

Thank you for the help.

I did exactly this, I even afforded myself a sigh of relief when I sent everything.

I have just just received this back. Is it over for me? Do I have to live with the CCJ!? So gutted..

[Amethyst]

The court doesn't have to agree with a consent order. The order should be redrawn in the terms that BW put http://legalbeagles.info/forums/atta...1&d=1516056013 as that covers what the DJ has stated. I'll have a look on Timsters thread and see what happened with his one.