ParkingEye ANPR PCN Claimform - found default judgement!

[Ftgab19]

Hi everyone 

 

I received a claimform from ParkingEye at the end of Jan 2023.

I acknowledged it and have sent off a CPR 31.14 Request.

I’ve been going though a house move so haven’t had time to post up here but I’ve now hit a problem. 
 

I’ve looked on here and can see the defence isn’t meant to not give much away

I was going to use the standard template that’s on the page with the parking  CPR Request.

But in the move I’ve lost my claimform ,not sure how to word the defence now because I can’t find my particulars of claim. 
 

Any help would be much appreciated 

 

Andrew 

[FTMDave]

You've done everything right so far.

If you click on this thread  https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-dec-2021/  and scroll down to  Q2) How should I defend?  you will find the template defence.  Use it verbatim apart from point 5 which isn't appropriate in PE cases.

The defence covers all bases.  The claim forms are essentially all the same.

Have you still got the claim from number so as to be able to do this?

[Ftgab19]

Hi thanks FTMDave 

Yes I’ve got the claim number and amount from moneyclaims site when I acknowledged the claim 

in the template do I put a bit in about sending the CPR 31.14 Request and with you asking about the amount claimed do I need to put that in the defence too? 

They’ve claimed on the moneyclaims site the following 

Amount Claimed £177.44

Court Fee £35.00

 

Solicitor Costs £50.00

 

 

[Nicky Boy]

Ftgab,

 

No, just the standard defence.

It's just a basic "Yes, I wanna defefend this twaddle" statement.

 

All other stuff will be dealt with in your witness satement further down the line.

 

[Ftgab19]

I’ve sent the defence 

let’s see what happens now 

Thanks for the help I’ll keep here updated 

Andrew 

[FTMDave]

Open.

[dx100uk]

we have no details on this claim

please complete this:

 

and scan up all paperwork from PE to date both sides to one mass pdf please.

dx 

[FTMDave]

IIRC you asked for this thread to be reopened four days ago as you had received some sort of court order.  There are strict deadlines for obeying court orders.  Can we see what you have received please? 

[dx100uk]

come on get in gear!!

we need that sticky done too we dont even know where the speculative invoice is for!!

dx

 

[Ftgab19]

Hi 

Received a Judgment For Claimant in Default letter today dated the 19/12/2023
 

Ive not received anything about this claim before so I think they’ve sent the original claim form to an old address. 
 

Am I right in thinking I just need to ring the court to tell them I’ve not received anything so they can cancel the judgment and give me the ability to defend? 
 

any help would be much appreciated

 

 

Andrew 

Edited December 27, 2023 by Ftgab19

[dx100uk]

no! not without proving you informed the claimant of your new address if you've moved since the reason for the claim and did not inform the claimant.

you need to ring northants bulk and ask for a copy of the claimform & the Particulars of claim from the original claimform.

then when you have those post them up here please.

you will need the CCJ claim number from your credit file if you dont already have it.

whats the judgement all about what for?

[Ftgab19]

Hi Dx 

The claim is from parking eye that I defended and got up to the direction questionnaire.

After I sent off the directions questionnaire on the 29 May 2023 I didn’t hear anything until the 16th September 2023 when I got a General form of Judgement or Order about me not sending my Directions Questionnaire. 

I Emailed back Ccmcce asking what’s happened since I did send it off and got an email receipt when I did with the time and date saying the directions questionnaire had been delivered on the 29 May 2023. 

CCMCCE didn’t get back to me and I didn’t hear anything until yesterday when I got the judgement for claimant.

I don’t know what’s happened to the General Form of Judgement or why CCMCCE is now saying on the Judgement of Claimant that I now didn’t even respond to the claim at all when I acknowledged and defended the claim and have all the responses from the MoneyClaim site that say I did. 
 

I’m sorry I didn’t come back here when I got the General form of Judgment I thought since I had the email from ccmcce saying I had sent the directions questionnaire. It would just be a simple mistake on there end. 
 

The Judgement of Claimant is dated the 19/12/2023 but I only got it in the post on the 27/12/2023 how long have I got to respond to set aside this since clearly the ccmcce has missed up big time on this claim

 

[dx100uk]

CCMCCE?

CNBC now.

threads merged and title updated

go get the claim history from MCOl and paste it here please

and when you went to MCOL and filed AOS then defence...did you update your address?

dx

 

 

[Ftgab19]

Hi Dx 

I updated my address when I filed the AOS and used my new address on the CPR 31.14 request.
 

I received the DQ from the court to my new address on 16 May and I sent it back on the 29 May using the email service and got a email back with a receipt saying it had been sent and received. 

The only other things I received from the court was the General form of Judgement on the 16/09/2023 and the Judgement of Claimant on the 27/12/2023. 

I don’t understand what the court have done

I gave them the DQ in May and got a receipt.

They said in September I hadn’t so I sent them proof they received it.

Didn’t hear anything until now and they're saying I’ve not replied to the claim at all when I sent AOS, Defence and the DQ. They have also changed the figures for the claim in the Judgement of claimant from 

Amount Claimed £177.44

Court Fee £35.00

 

Solicitor Costs £50.00

 

to £188.06 and costs of £110
 

Recent Transactions for Defendant

 

Claim Status

A claim was issued against you on 26/01/2023

Your acknowledgment of service was submitted on 05/02/2023 at 10:31:05

Your acknowledgment of service was received on 06/02/2023 at 01:08:00

Your defence was submitted on 23/02/2023 at 09:58:02

Your defence was received on 23/02/2023 at 12:05:15

Case Stay Lifted on 16/05/2023

DQ sent to you on 16/05/2023

DQ filed by claimant on 16/05/2023

General sanctions order was made on 04/09/2023

Your defence was rejected on 27/10/2023

Defence was struck out on 27/10/2023

Case Stayed on 27/10/2023 at 19:38:29

Case Stay Lifted on 19/12/2023

A judgment was issued against you on 19/12/2023

Judgement for Claimant

To the Defendant

You have not replied to the claim form

It is therefore ordered that you must pay the claimant £188.06 for debt [and interest to date of judgment] and £110 for costs[less f which you have already paid]

You must pay the claimant a total of

£298.06 forthwith

£298.06

Dated

19-DEC-2023
 

 

[dx100uk]

8 minutes ago, Ftgab19 said:

using the email service and got a email back with a receipt saying it had been sent and received. 

what email address did you use?

10 minutes ago, Ftgab19 said:

They said in September I hadn’t so I sent them proof they received it.

you should have repeated the DQ as well...

15 minutes ago, Ftgab19 said:

The only other things I received from the court was the General form of Judgement on the 16/09/2023

which you asked us to reopen the thread because of, but you never bothered posting.

if you had ALL this could have been avoided.

16 minutes ago, Ftgab19 said:

They have also changed the figures for the claim in the Judgement of claimant from 

thats the section 69 interest. quite correct.

sadly unless you want the CCJ registered, you've got until the 19th jan to pay it.

not alot you can do.

[Ftgab19]

I don’t understand why there isn’t anything that can be done.

I sent them the DQ on time with the court timescale.

I sent it again when I emailed them with the proof that I sent it.

I used [email protected] to file the DQ both times. 
 

Why can’t I just ring them up since I did everything I was meant to do in the time I was meant to do it in. 
 

The receipt for when I sent the DQ: 

Thank you for your email which has been received by the County Court Money Claims Centre

(CCMCC). This email is automatically generated;

please don't reply to this message.

Please retain this email as receipt that your email has been received.

Please refrain from submitting unnecessary duplicate documents by only using one method of either email, post or fax.

 

3 hours ago, dx100uk said:

you should have repeated the DQ as well...

I did, I sent them the DQ again when I emailed asking why I had received the General Form of Judgement. 

[FTMDave]

7 minutes ago, Ftgab19 said:

I don’t understand why there isn’t anything that can be done.

Because you're stuck with the legal system in England & Wales like the rest of us.  You might think it's unfair but we're all stuck with it.

The correct address to file the DQ at is  [email protected]

From the court's point of view you did not file at that address the first time around, nor the second time when you got the General Sanctions Order.

It's sadly irrelevant that you've got proof that you e-mailed the wrong address.

It's a huge pity you did not update your thread in September when you asked for it to be reopened, despite reminders by both me & dx to do so.

[dx100uk]

16 minutes ago, Ftgab19 said:

I used [email protected] to file the DQ both times. 

yep wrong email AD

where did you get that from?

or what made you use that rather than the correct one that im sure you've used in one of your other multiple claims here?

its funny how one way or another you always...............................

dx

 

[FTMDave]

Can we see this General Sanctions Order from 4 September please.

[Ftgab19]

I’ve always used that email to file to the court and I’ve never had any problems.

The claims have either got back to me to set up mitigation or I’ve been sent a discontinued letter.

When did they change the email because I’ve only ever used that and never had any problems. 

I don’t have £300 spare to pay that I’d need time to pay it but I’d much rather have a fair chance to defend it.

I know now looking at the order that it has an updated email on it but how was I to know they changed it when the email I’ve had has worked for years. 

Surly they has to be something I can do to explain what’s happened because I wasn’t ignoring the claim or just not bothered about it. I did what I was meant to in the timescale and tried to fix it the day they sent me saying something was wrong. 
 

General Form of Judgement 

 

2023-09-04Order send DQ.pdf

[FTMDave]

Thank you.

So confirmed - wrong e-mail address used.

Your unpalatable choices are:

1.  Pay £300 before the court deadline.  You lose your money.  But there is no CCJ.

2.  Defy the court and not pay.  I've been on this site eight years and I've never seen a PPC enforce judgement for a single ticket.  it's not worth their while.  But you would have a CCJ and a knackered credit file for six years.

3.  Apply for set aside which will cost you £275 which you'll never see again.  The judge will need to be convinced of (a) a genuine reason why you did not file the DQ as instructed by the court and (b) your having a realistic chance of defending the claim.

[Ftgab19]

Can I not write to the claimant and see if they’ll take a payment plan?
 

They might consider it since they know the CCJ isn’t going to be enforced and my credit rating isn’t the best for at least 4 years anyway.
 

Adding 2 years isn’t going to make much difference since everything at the minute is bad anyway so it’s not like I’ll be getting a mortgage with good credit for years anyway. 

Option 1: 

Couldn’t do if I wanted too because I’ve got Gas & Electric, Council Tax and Car insurance direct debits all coming out before the 19th so I don’t have anything disposable this month. 
 

Option 3 seems pointless because I’d need pretty much the same money I’m trying to save to do it so I think Option 2 is my best option as crap as it sounds. 

 

[FTMDave]

I should think Parking Eye will take a payment plan.

It won't stop you getting a CCJ and knackered credit file though.  To avoid that you have to pay the lot by the court deadline of 19 January.

Edited December 28, 2023 by FTMDave
Typo

[Ftgab19]

And there’s no way of extending the timeline before it hits my credit file? Because I’ll probably be able to get the money together by mid February. 
 

But if I can’t and it’s not going to be enforced due to the low amount what’s the point paying it?
 

Like I said before I got a default back in the lockdown so my file is knackered for another 4/5 years anyway so what’s another 1/2 years

[FTMDave]

The only way to avoid the CCJ/credit-file-of-doom is to pay the lot by 19 January.  That is what the court has ordered.

From your description of your circumstances it seems the least bad thing you can do is to refuse to pay completely.