CCJ Issued - Parking Eye Judgement set aside - paid

[Paddy9239]

Evening All,

I was wondering if any of you could help at all:

On the 26th of December 2014 I incurred a parking fine at a service station - I had no knowledge of this despite overstaying for two hours - we looked for a pay booth and couldn't find any information.

I actually moved addresses earlier in 2014 yet wasn't aware I had to register my car at my new address, I had reregistered my driving licence and my car insurance however, as well as renewing car tax in the interim before this fine but after moving address.

I've just applied to rent a new property and it has been declined on the grounds of my CCJ.

A bit more research - it was issued on the 14th of April as i owe parking eye £200.

I had absolutely no knowledge of this - despite leaving a forwarding address.

I don't mind paying the fine as i've obviously cocked up somewhere - but what are my chances of getting the CCJ removed on the grounds that i had no idea i'd been summoned to court?

Slightly concerned that on the gov.uk website it refers to frivolous appeals being rejected (it costs £155)

I've always been very careful with my money - have been paying a credit card off monthly and was hoping to buy my first house in the next few years - what are my options?

THanks in advance!

Patrick

[mystery1]

Re: CCJ Issued - Parking Eye

http://legalbeagles.info/library/how...-judgment-ccj/

Did you have mail forwarding etc ?

M1

[Paddy9239]

Re: CCJ Issued - Parking Eye

http://legalbeagles.info/library/how...-judgment-ccj/

Did you have mail forwarding etc ?

M1

Hi thanks for your help:

It was past over to the landlord when i left the address - and a couple of months after leaving i asked the landlord if there had been any post which he said he'd ask the new tenants.

I moved out at the end June 2014 - the offence was committed in December 2014 - didn't expect to be receiving any relevant post 6 months on.

I had read elsewhere that i had a good chance of the claim being set aside based on not getting my post - however i've heard a lot of people describe going to a second hearing to try and prove the parking firm acted wrongfully (i don't think i have too much of a leg to stand on here - even though the punishment is severe i did actually commit a parking offence)

Can i have the judgement set aside relatively easy - admit fault - pay fine and £155 fee and lose my ccj?

As mentioned above - the car was probably still registered at the previous property even though my driving licence was amended in September 2014 - 3 months prior to the offence.

Cheers,

Patrick

- - - Updated - - -

So no - i didn't have Post Office forwarding as i've been moving once a year through university and then 2 years of work.

[Kati]

Re: CCJ Issued - Parking Eye

Hi thanks for your help:

It was past over to the landlord when i left the address - and a couple of months after leaving i asked the landlord if there had been any post which he said he'd ask the new tenants.

I moved out at the end June 2014 - the offence was committed in December 2014 - didn't expect to be receiving any relevant post 6 months on.

I had read elsewhere that i had a good chance of the claim being set aside based on not getting my post - however i've heard a lot of people describe going to a second hearing to try and prove the parking firm acted wrongfully (i don't think i have too much of a leg to stand on here - even though the punishment is severe i did actually commit a parking offence)

Can i have the judgement set aside relatively easy - admit fault - pay fine and £155 fee and lose my ccj?

As mentioned above - the car was probably still registered at the previous property even though my driving licence was amended in September 2014 - 3 months prior to the offence.

Cheers,

Patrick

- - - Updated - - -

So no - i didn't have Post Office forwarding as i've been moving once a year through university and then 2 years of work.

you could possibly appeal on these grounds (and at least get the CCJ removed/restart the clock)? - http://www.thisismoney.co.uk/money/c...ng-ticket.html

They sent confirmation of the ticket too long after the offence
If a parking ticket is not paid within 14 days, a Notice to Owner is sent. If The Notice arrives more than 6 months after the alleged offence, you can appeal.

although (personally) I think [MENTION=5354]mystery1[/MENTION] is the best person to offer advice in this situation

- - - Updated - - -

can you prove you left when you did (any paperwork at all)?

- - - Updated - - -

can you prove you asked about mail?

[Paddy9239]

Re: CCJ Issued - Parking Eye

you could possibly appeal on these grounds (and at least get the CCJ removed/restart the clock)? - http://www.thisismoney.co.uk/money/c...ng-ticket.html

although (personally) I think @mystery1 is the best person to offer advice in this situation

- - - Updated - - -

can you prove you left when you did (any paperwork at all)?

- - - Updated - - -

can you prove you asked about mail?

Thanks again for your help.

I'll be able to prove the end of my tenancy in July 2014, however I only asked for the mail to be forwarded verbally over the phone.

Also the mail request came so long before the actual offence itself so it probably isn't applicable.

Thanks for the link too - i'll see if anything could work for my case if i actually appeal.

[mystery1]

Re: CCJ Issued - Parking Eye

You can't set aside a judgement with no intent to defend it afterwards. The court will see it as a waste of time. You can go through the motions and settle later but don't tell the court that or they'll throw it out.

M1

[Paddy9239]

Re: CCJ Issued - Parking Eye

You can't set aside a judgement with no intent to defend it afterwards. The court will see it as a waste of time. You can go through the motions and settle later but don't tell the court that or they'll throw it out.

M1

Yeah I understand that - concern is i am actually in the wrong in terms of the original charge.

Do you think it would be relatively easy to get the CCJ set aside based on not receiving it providing I can confidently come up with a reason for appeal in general - and then settle shortly afterwards?

Or is this dangerous ground - am i better following it through till the end?

Other concern - My first response to seeing the charge was to call parking eye - i was given an email address and I have already emailed them: email is below in full:

Dear Sir/Madam,

This email applies to reference number xxxxxxxxxxxx and car registration xxxxxxxxxxx

On the 26th of December 2014 I incurred a parking fine at a service station - I had no knowledge of this.

I actually moved addresses earlier in 2014 yet wasn't aware I had to register my car at my new address, I had reregistered my driving licence and my car insurance however.

Therefore I have not received any notification of this fine and therefore no notification of your actions since then, this has only come up as a result of me applying for a new flat and being declined on the basis of a ccj I have.

With this in mind is there anything you can do to help me with this matter, by A reducing the parking fine of £200 or B in particular helping me to have this ccj removed.

I can pay this fine immediately and would have done so had I known about it, a ccj will hinder me for the next 6 years of my life.

Look forward to your response and hopefully your support.

For any future corrospondence my new address is below:

xxxx


Kind regards,

Should i hold off on my email until i get a response?

[mystery1]

Re: CCJ Issued - Parking Eye

I'd give them a few days but not more than 4/5.

If it wasn't for the ccj giving you issues i'd probably advise you to grin and bear it. As it is giving issues then is the potential loss of £155 a lesser issue than the ccj ? If so you'd be mad not to try. If you can't afford £155 there is little you can do (i'm assuming you won't qualify for fee remission if you're renting privately)

M1

[Paddy9239]

Re: CCJ Issued - Parking Eye

I'd give them a few days but not more than 4/5.

If it wasn't for the ccj giving you issues i'd probably advise you to grin and bear it. As it is giving issues then is the potential loss of £155 a lesser issue than the ccj ? If so you'd be mad not to try. If you can't afford £155 there is little you can do (i'm assuming you won't qualify for fee remission if you're renting privately)

M1

Evening All,

Again thanks for any help.

Applying to set aside the judgement this evening.

One final question that is bugging me:

As i haven't registered the car through a V5C form when i moved - am i not just immediately in the wrong? (I had altered the address of my driving licence to my current address?)

I just feel like its a wasted appeal - i've already admitted this to Parking Eye too? Am i wasting the courts time?

Cheers,

Patrick

[mystery1]

Re: CCJ Issued - Parking Eye

I understand that but if the ccj is giving you issues you really must try if you can. The ccj will be listed for 6 years.

A set aside, whilst difficult, is not impossible.

M1

[Paddy9239]

Re: CCJ Issued - Parking Eye

I understand that but if the ccj is giving you issues you really must try if you can. The ccj will be listed for 6 years.

A set aside, whilst difficult, is not impossible.

M1

Hi All,

Just a quick update - i somehow managed to have my judgement set aside today.

Basically went with a complete honesty policy - she even asked me if i intended to appeal - to which i replied no as i didn't really have any grounds for appeal ready in my head.

She then told me she'd set aside the judgment based on mandatory grounds of not receiving the paperwork.

So a half decent result in the end - no ccj even if i am £355 quid out of pocket post settling. - thanks for your help [MENTION=5354]mystery1[/MENTION]

[mystery1]

Re: CCJ Issued - Parking Eye

NIce. I'm not convinced it was mandatory and every judge would see it so (wish it was so though) If you've set it aside i'd go the whole hog and defend it but the main thing is the ccj disappears.

M1

[India2016]

Re: CCJ Issued - Parking Eye

Hi Patrick, not sure if you still use this site, I am in the same situation as you with regards a CCJ and parking fine. How did you go about approaching the court? did you manage to speak to someone?

Any advice would be welcome

Jo