Parking Eye CCJ when they have admitted not owed

[emmariec]

Hey all - this is my first time to post so any advice would be much appreciated.

 

My husband works for a large utility company who has an agreement with a nearby business for overflow parking for their staff.

 

The agreement is that the utility company emails the business the registration numbers of staff who will use the overflow car park

and these are then passed on to Parking Eye, the parking enforcement for the business.

 

On Monday my husband checked his credit report and noticed a CCJ from parking company Parking Eye

- he contacted the court and established that this was for parking in the overflow car park.

 

He checked with his workplace and they confirmed that they had emailed the business who offers overflow parking with his details in October 2012.

He has copies of these emails. As such, he should never have been issued a charge.

 

We moved address in November last year and so all the correspondence from Parking Eye re: this issue went to the old address.

Both the business and Parking Eye have sent my husband emails stating that they will cancel any other parking charges

and would have cancelled this one if he had contacted them but

 

now it has gone to court they can do nothing about this. Is this correct?

 

It is our position that the business or Parking Eye should be responsible for having this CCJ set-aside

as they have admitted to erroneously issuing the fine in the first place.

 

It will cost us £155 to have the judgement set aside - the CCJ itself is only for £190.

 

My husband has a perfect credit score apart from this and so it is not an option to just leave the CCJ on there.

 

Can anyone advise me as to whether the business or Parking Eye are able to have this judgement set aside

 

or if it is true that there is nothing they can do?

 

If we do apply to have this set aside ourselves, can we claim court costs from them and are we likley to be successful in this?

[Conniff]

Welcome to the forum emmariec.

 

 

Can I ask you if you posted with paragraphs and sentences, and if you did, are you using a tablet or phone ?

[emmariec]

I posted on a PC using sentences but not paragraphs - it seems to have done the paragraphs for me

[BankFodder]

You should apply for a setaside. It is likely to cost you about £45 because it is likely that it will be done without a hearing - and you will get the fee back from Parking Eye. You will need a form N244 - but read the instructions about getting a setaside. I would expect Parking Eye to agree it and they are fools if they don't.

 

I'll post on the other issues in an hour or so.

[BankFodder]

The paras were done by me. Please post your story in the way that you would like it to be presented to you

[emmariec]

Thanks for the advice - I did not realise that the fee was lower if it did not go to hearing. I will ask my husband to get written proof from them that they will not object to the set-aside.

 

The paragraphs are fine, thanks

[BankFodder]

There are also issues relating to the damage inflicted to your credit reputation by their carelessness.

 

I think that you need to look at the chain of causation.

I gather that your employers failed to update the address. However I don't see how that could have caused this. Anyway you don't really want to tangle with your employer.

Parking Eye would get the addresses of unidentified vehicles from DVLA. So did DVLA supply them with an out of date address? Have you updated DVLA with your change of address?

 

In any event, Parking Eye should have a list of the car regs - and so they should have checked this to see if your car was on their white list? Why did they miss it? Negligence?

 

Before applying for your setaside, I would get to the bottom of this and establish if PE are liable and if they have obtained a CCJ through their own negligence and therefore unjustly. If they have then You may well want to consider a counterclaim for the unlawful processing of your personal data. This would produce a modest sum in damages.

 

We would help you, of course.

[emmariec]

Thanks for all the advice.

 

Husband's employer notified the business (a major hotel chain) of his reg number via email and requested it be added to their database - this was as per their arrangement with the hotel chain and was in 2012. We have copies of this email.

For whatever reason, either the hotel chain did not update their database or did not inform Parking Eye OR parking eye was informed but did not update their database. So the negligence was either on the part of the hotel chain or parking eye - it is proving hard to establish who as both are just saying his reg was not on their database. They have failed to deal with the issue of the email proof we sent them of the request.

 

Hubbie did update his driving licence with the dvla but not his V5 (he is a new driver and did not know he had to) - we sold the car in April with the old address on the V5. Does that mean we have no case for costs or is ultimate responsibility that of whoever failed to update their database?

 

This has come at a bad time as hubby is trying to open a new credit card to transfer a balance and avoid interest - he would have been fine to do this without the CCJ as his credit was excellent. Now we fear he will be turned down.

[ericsbrother]

Then get the set aside and argue the counterclaim details later. These should be done directly with employer/PE not via the courts who are dealing with the set aside.

[BankFodder]

Then get the set aside and argue the counterclaim details later. These should be done directly with employer/PE not via the courts who are dealing with the set aside.

 

Yes. This is the best thing to do. Your OH is partially responsible for not updating his details.

Call PE and see if they will agree to the setaside. Follow the setaside link, read the instructions and take it from there. Probably best to get the setaside. Put in a denial by way of a defence and then leave it at that

[emmariec]

The hotel chain has emailed husband stating that they would have cancelled the parking charge before it got to court if he had contacted them and they will cancel any other parking charges - they have also agreed to cover some of the costs of a setaside (again, in writing). Parking eye have also emailed hubby stating that they would have cancelled the charge if he had contacted them before court. However, they are now objecting to the setaside!!! This makes little sense to me as he has proof that his employer sent registration details to the hotel chain and written confirmation off hotel chain and parking eye that they would have cancelled the charge if he had contacted them - why now object to the setaside???

 

Looks like we will be filling out that court paperwork tomorrow. Do we need to include the email evidence with the court paperwork?

[NailPost]

Seems to me Parking Eye have admitted, in writing, that the speculative invoice they sent you was an error. They are surely under an obligation to right that wrong and restore the situation to what it was prior to their action. That should include the setting aside of a CCJ which is a black mark against your credit score which is entirely down to them. I would expect PE to co-operate and pay for the setaside rather than avoid it. I cannot see a judge taking nothing but a very dim view of their heavyhanded actions and then trying to duck out of their responsibilities.

[emmariec]

We should be ok now as the hotel chain have written us a letter stating the fine was issued erroneously on their land and they are liable due to not updating their system. The letter also says they agree to the set aside so hopefully this should be enough, even though the ccj was requested by parking eye and not the hotel chain. They really are just being idiots to object in the circumstances!

[renegadeimp]

I would get the set aside, AND ask them for comp for their gross mistake. Just think how many other people they could be doing things liek this to, and the person wouldnt notice or know what to do.