Prankster guide to getting a ParkingEye CCJ set aside

[updated 8/8/2015. Please refer to the web link below which will be kept up to date. This blog contains information which is potentially now out of date]

With help from members of the BMPA, The Prankster has produced a guide to getting a ParkingEye CCJ set aside. The web page and sample witness statement are at this link.

http://www.parking-prankster.com/ccj.html

Salient details are below.

Getting a ParkingEye CCJ set aside.

You may have received a letter from ParkingEye out of the blue telling you you have a CCJ.

You have three options.

1) You can ignore it. This many lead to escalated costs against you as they try ad enforce the judgment, and so this is not recommended.

2) You can pay it. The CCJ will then be marked as satisfied, but will remain on your credit record for 6 years. You should therefore think very carefully before taking this option.

3) You can fight it. This will cost you £155, which will be refundable if you win (not guaranteed). However, this is your only chance of removing the CCJ so if this is important to you, this is the only way forward.

The way this works is you will have a set aside hearing where the judge will decide whether to set aside the CCJ. If he does then the claim starts afresh in that there will be a second hearing about the claim itself. If the claim then gets dismissed you get all your money back from ParkingEye.

If in that second hearing the claim gets allowed then normally you wouldn't get your £155 back, unless the judge thinks ParkingEye behaved unreasonable by not verifying your address. But at least your CCJ will disappear from your credit report so this may be the best way forward. Also, your chances of winning are potentially quite good - particularly if Beavis wins the Court of Appeal test case in Feb 2015, or if you were not the driver.

You have to have a good reason for ignoring the court process - not having received the paperwork is usually a good reason, and you can use ParkingEye's own letter as proof. You also have to have reasonable prospects of getting the result overturned. ParkingEye file claims under the Protection of Freedoms Act. One of the requirements of this Act is that a notice to keeper is served. Again, you can you ParkingEye's own letter to prove it was not. You will therefore have a very good chance of at least getting a second hearing, which will remove the CCJ.

The Process

You need form N244 which you can find here: https://www.moneyclaimsuk.co.uk/PDFForms/N244.pdf

You need to complete this with the claim details (what court, what claim number etc). If you don't have this information then you will need to call the Moneyclaims centre at 0300 123 1057 or 01604 619 402 and ask for this information:

Claim number

Judgement date

Judgement amount

On the form N244:

1. - state the person's name who has received the CCJ

2. - tick Defendant

3. - "Set aside Default Judgement dated xx/xx/xxxx and dismiss the claim"

4. - tick No

5. - tick At a Hearing

6. - 8. - leave blank

9. - state "Claimant"

9.a - use the address from ParkingEye's letter

10. - tick The attached witness statement

then you need to sign the Statement of Truth

11. - again you need to sign and complete this.

On this page is a sample template of the witness statement, please have a look through this and complete this as much as possible. You can also add more details about what address ParkingEye used, when you moved address, when you informed the DVLA, etc.

You will have more chance of a set aside if you correctly informed the DVLA of your new address at the time you moved. If you did not, the judge may decide it was your fault for not informing the DVLA.

Once this all sorted then you need to sign the Witness Statement and attach a copy of the letter ParkingEye sent to you.You also need to sign the Form N244.

You then need to send two signed copies of each, plus a cheque for £155 to

County Court Business Centre (CCBC)

St. Katharine's House21-27

St. Katharine's Street

Northampton

Northamptonshire

NN1 2LH

Be mindful of the fact that you need to send this off as soon as possible so you'll need to spend some time on this quickly.

Lastly, when you get the judgment set aside, you will then need to file a solid defence within a short timescale. This may be the time to get a solicitor, or the BMPA, my guides, or a website like pepipoo (or all of the above) 

Happy Parking

The Parking Prankster