Backdoor PE/DCBL ANPR PCN CCJ - UPPER MILL, UPPER MILL CANAL SIDE, SLAITHWAITE, HD7 5HA

[FTMDave]

So have you written to Parking Eye to say you will pay if they consent to set aside?

[mrk1]

Yes I hand wrote a letter 9 days ago, I don't expect these con artists to reply tho.

Edited August 25, 2022 by dx100uk
unnecessary previous post quote removed

[FTMDave]

OK.  Well done.

Therefore you now have to decide between two unpalatable choices.

1.  Do nothing.  PE will not try to enforce judgement over a single ticket.  You get away with not paying.  However, your credit file is knackered for six years.

2.  Fork out £275 and apply to the court for set aside.  dx has explained what you would need to convince the court of:

On 07/07/2022 at 12:20, dx100uk said:

Just to clarify a set aside.

You need to meet 2 criteria.

1. A valid reason why you did not receive the original claimform, i'e the claimant failed to undertake due diligence in the letter of claim stage to ascertain your correct address. Etc etc.. Typically this is always given.

2. A valid defence upon why you do not owe the sum claimed..this is the part that is at present a doubt.

If either are not met your £275 set aside fee is wasted and you'll still have a ccj for 6yrs.

So when deciding ask yourself if realistically you can satisfy the court on both points.

You could start by telling us the circumstances you got the ticket in.

[brassnecked]

Was there anything dodgy about the ticket where it was signage etc, but you need that POC

[mrk1]

Hi all, I called Northants, they said to get copy of the judgement ccj and the address and particulars of claim from the claimform would cost me £22. The lady at Northants has said she can copy the info and type it out in an email,

She is doing this now. 

Once I have this info what am I doing with it?

 

[dx100uk]

Telling us 

 

Dx

[mrk1]

@dx100uk 

OK well

 

Judgement date: 16/11/21

judgement amount: £157

 

Address: In Chester (i moved from here in early June 2021, I moved to Yorkshire. 

 

INFO: Claim for monies outstanding from the defendant in relation to a parking charge reference ******. Issued on 03rd July 2021. Lnd managed by PARKING EYE ****. 

Vehicle entered and leaving site on 30th June 2021 and parking without valid ticket. 

Pursuant to SCH 4 of the protection of freedoms act 2012, notice has been given to the reg keeper making them liable for the parking charge payable. upon breach. 

END. 

 

If I had got this I would have actioned it, wrote them back, contested it or paid it. Now I have a CCJ on my file for £150! I don't even understand how you can ruin someone's credit for £150... what a land we live in eh!?

[dx100uk]

we need the full POC verbatim minus your reg number.

 

what date did you move 

 

 

[mrk1]

@dx100uk Hi what other details do you need? That is all the facts on the inf I was given?

 

I moved maybe around June 10th....?

[dx100uk]

what land and where

the POC will must state where and at what time/date you were issued the speculative invoice .

 

you can't have moved before the issuance of the invoice?

 

dx

[mrk1]

Please see blow case details as requested.

 

Judgment date: 16/11/21

Judgment amount: £157.00

 

The address that has been provided to us from the claimant for the defendant is:

ADDRESS

CHESTER

 

Particulars of claim:

 

1. CLAIM FOR MONIES OUTSTANDING FROM THE        DEFENDANT IN RELATION TO A PARKING CHARGE    (REFERENCE (removed by OP)) ISSUED ON          03/07/2021.

 

2. THE SIGNAGE CLEARLY DISPLAYED  THROUGHOUT UPPER MILL, UPPER MILL CANAL SIDE, SLAITHWAITE, HD7 5HA STATES THAT THIS IS  PRIVATE LAND, MANAGED BY PARKINGEYE LTD, AND THAT IT IS SUBJECT TO TERMS AND CONDITIONS,  INCLUDING THE PAYMENT OF PARKING TARIFFS, BY WHICH THOSE WHO PARK AGREE TO BE BOUND (THE  CONTRACT).

 

3. PARKINGEYE'S ANPR SYSTEM CAPTURED VEHICLE (removed by op) ENTERING AND LEAVING THE SITE ON 30/06/2021, AND PARKING WITHOUT A VALID   PAID PARKING TICKET.

 

4. PURSUANT TO SCH 4 OF THE PROTECTION OF FREEDOMS ACT 2012, NOTICE HAS  BEEN GIVEN TO THE REGISTERED KEEPER, MAKING  THEM LIABLE FOR THE PARKING CHARGE PAYABLE   UPON BREACH.    

[mrk1]

Hi any advice on this please?

[dx100uk]

At last, after 66 posts .....only asked for this in post 2.  

 

You will have a very hard time and waste £275 if you tried to set aside.

 

I think ftmdaves last post sums things up nicely 

 

Sorry 

 

Dx

 

 

[mrk1]

Why wouldn't I?

I had absolutely no idea I had been sent anything from PE.

[brassnecked]

You need a concrete defence as to why their  Invoice was flawed or incorrect

[dx100uk]

15 minutes ago, mrk123 said:

Why wouldn't I?

I had absolutely no idea I had been sent anything from PE.

Because you purposefully did not tell them you had moved, and still believed this was the right thing, not letting them know your new address even when trying to negotiate payment.

 

as i said numerous times even in the 1st dozen posts........

 

Dx

[mrk1]

Well not purposefully... Oversight, stress of moving, I forgot etc,. 

[FTMDave]

So what happened on 30 June last year?

 

The fleecers say you parked without a ticket in a car park at HD7 5HA.

[mrk1]

Got a letter from dcbl (removed - dx)

 

"NOTICE OF INTENDED ENFORCEMENT ACTION"

 

I do understand that they have zero powers, it's under the £600 limit and also I am not in any kind of contract with them, should I just rip this letter up and shoo them away. 

No way am I paying the £157 now they have given me  a CCJ.. They played their cards and screwed me over.

 

It even says at the bottom (in small print of course) "this case is not subject to high court or bailiff action, however should you fail to contact us our client may instruct enforcement action against you"

 

Can I tell them to (removed - dx)  or what?

Edited August 25, 2022 by dx100uk
vailed swearing removed - behave...

[FTMDave]

Just ignore them.  It's a scare tactic.

 

"This case is not subject to high court or bailiff action, however should you fail to contact us our client may instruct enforcement action against you".

 

 

 

 

[mrk1]

Can i send them a letter instructing them that if I receive one more harassment letter I will take them to court? Because each letter I receive it causes a lot of stress, of course.  

 

"For every letter you send to me from this date on, you will be liable to pay me the sum of £1000 for each letter"

Edited August 25, 2022 by mrk123

[FTMDave]

On what basis shouldn't they write to you?  You broke the T&Cs in the car park (presumably, you won't actually tell us what happened that day).  You didn't defend their claim when you had the chance to do so due to not updating your logbook with the DVLA which is a legal requirement.  They have a CCJ issued by a court.  You have defied the court and won't pay when ordered to do so.

 

Despite all that fortunately there is little they can really do so ignore them.  .

[dx100uk]

nope.

why do you think that?

 

not par chance been reading Freeman Of The Land websites have we?

cause that's where most of this rubbish comes from.....

 

that would also explain why you thought it important not to disclose your new address whilst trying to resolve this issue...

[mrk1]

LOL are you are a conspiracy theorist?

I am a conspiracy fascist myself, but now you are really  are coming up with the twaddle. 

You assume I did not want to disclose my address on purpose... where do you get this twaddle from?

You are making a statement here, where have you got this info? Are you making it up in your head. 

Yes you have been helpful here and there through this thread, and I appreciate your help, but I also must point out when I see someone getting a little lost in their head making stories up.. stop doing this. You are welcome. 

[mrk1]

A few of you may know I got a back door ccj for a parking ticket, moved house and I was not notified of ccj but suppose I did not notify these people also. Was all a bit confusing.

 

Someone on here said I may still be able to remove this? And not by paying a court £280 to hope it is removed.

 

Am I right in thinking this is possible by any other means?