Backdoor CCJ - Parking Eye/CPP PAPLOC - PCN sent to V5C Scottish address - Court papers served to ex's address england!!

[tutty1]

Yep - think we are just going to have to pay it on Monday even though it doesn't sit well and my instinct is to fight it.

No guarantee of getting the £275 back even if we win - what a stupid system this is........no wonder they abuse it!

So the 2 choices end up being pay £227 and get it over & done with or pay £275 to morally win but it costs more than the fine.

The 3rd choice of just ignoring is not really something to consider.

Thanks FTMDave for all your help - hopefully this thread will serve as a warning to others of how underhand and morally corrupt these firms are.

Do we ask the court for a certificate to say the ccj won't be recorded once we have paid these scumbags?

T.

[FTMDave]

I think the Claimant informs the court but I'm not sure.

I'll flag this up for the experts just to be on the safe side.

I know it sticks in the throat to pay these vile companies but I suppose as a tiny consolation you & her have learnt for the future and have batted off the other two invoices.

[FTMDave]

The cavalry have confirmed

The claimant informs the court also the defendant can inform and request a certificate of satisfaction

[tutty1]

Begrudgingly paid it yesterday!

Court confirmed it will not appear on the register.

Spoke to Evology...............absolutely useless, just passed the buck to ParkingEye saying they just supply the technology and need to contact ParkingEye to ask how they interpret it.....................still waiting for an answer.

It serves as a warning - just because the machine says you've paid it means nothing!

Anyway, thanks to all who contributed to this thread especially FTMDave.

T.

[tutty1]

Hi All,

 

Back again!

My daughter has just received this from a DCA (saying they are bailiffs!) acting on behalf of ParkingEye in relation to the first (8 min) PCN.

Even though I have informed ParkingEye about the address and told them in no uncertain terms not to post anything to the English address they got the backdoor ccj through, guess where this was sent to..................yep English address!

I even informed them again when I asked about how they issued the last PCN when the ticket was clearly paid for - there reply was 'unfortunately it is too late to appeal that' which makes me think they knew the PCN should never have been issued - I am really starting to hate this firm with a passion!

any ideas how best to proceed - surely this 8 min one is unenforceable?

Thanks.

T.

 

2024-03-05 DCBL Chasing.pdf

[dx100uk]

now read the blue bit down the bottom.....

[lookinforinfo]

Well it could be a good thing. ideally you want this to go to Court so you can complain about them using a wrong address that has also led to getting a CCJ. From there it may be possible to get a back way into getting the ccj rescinded.

You could also complain to the ICO that the  DCBL debt collector arm of the company are masquerading as bailiffs. Yes they do say that their letter to you is not subject to High Court action but not everyone  understands that. And if you try to ring the debt collector side  they answer "DCBL bailiffs" so  not  debt collectors. 

There should clearly be a distinction between the two companies.

At the moment the two companies appear almost inseparable which is unfair and will be banned when the new government Private Parking Code of Practice comes into force with reference to Annex E.

This is an excerpt from Annex E  "DCAs must not use terms which would mislead the average consumer or make them reach a decision that they might not otherwise have made".

It's one way of aggravating the whole rotten system.

[dx100uk]

23 minutes ago, lookinforinfo said:

Yes they do say that their letter to you is not subject to High Court action but not everyone  understands that.

the disclaimer also says nor bailiff action

[Nicky Boy]

13 hours ago, tutty1 said:

Even though I have informed ParkingEye about the address and told them in no uncertain terms not to post anything to the English address they got the backdoor ccj through, guess where this was sent to..................yep English address!

I think this is probably a GDPR breach (Guys??).

If so, are you annoyed enough to pursue them in court? (You did, of course keep evidence of informing PE of the correct address?)

[FTMDave]

A letter from a third party that has no power is laughable, and in itself nothing to worry about.

The point is through that PE are still writing to (or getting their mates to wrote to) the address in England.

[tutty1]

I realize the letter is not from actual bailiffs and carries no weight - pretty naughty from them imo to masquerade as bailiffs to 'scare' people into paying and also forwarding an address to this supposed 3rd party that they have been told on more than one occasion is not her residence.

I have all the emails that I sent to the various ParkingEye addresses, a copy of the SAR that also shows they have been informed of this and also a copy of the letter I sent with postage confirmation (which they acknowledged they had received) so they have no case to say they hadn't been told. All these clearly state the correspondence address in Scotland.

Personally, I would wait until they try to take it to court but my daughter is not really up for anything at the mo.

I posted a copy of the letter so that any other people in the same position can see the lengths of underhand tactics that these vermin will go to for the £'s

Just wondering if it is worth emailing again telling them all the things they have already done wrong and say she's hoping they will take it to court and if so, she'll be bringing up the previous ccj and hope they can't be bothered taking it further - thoughts?

Thanks.

T.

[lookinforinfo]

I would  call the ICO asking for advice about their behaviour and the amount of money ,time and trouble it is costing your daughter and see  what the say. 

[FTMDave]

I was thinking yesterday that you could complain to the BPA.  I had a look at their site and, surprise surprise, you have to complain to the operator first.

PE have a complaints procedure.  Their site goes on & on & on about making it clear you are not appealing but complaining.

I think we can guess what PE's decision would be when investigating themselves.

However, this might be worth doing, not because PE or indeed their bezzies will agree with you, but to have a paper trail to show to any potential judge that they have been continually told to write to the correct address in Scotland rather than a fictitious address in England.

How about something like -

Dear Parking Eye,

COMPLAINT - NOT APPEAL

Re: PCN no. XXXXX

I refer to my e-mail of 14 February where it was made quite clear that you should communicate with me at the address where I actually live and which the DVLA supplied you with, in Scotland, rather than a completely fictitious address where I have never lived, in England.

Despite my mail, a letter has been sent to the fictitious address by those stupid paper tigers you use, DCBL, after instruction by yourselves.

Judges take a very dim view of companies deliberately starting court proceedings against a defendant when the company knows full well the defendant's address is wrong.

Please treat this as an official complaint - certainly not an appeal - about your behaviour.

Should you not accept my complaint, I will escalate to the BPA.

An acceptable result of my complaint would be (a) an admittance that you are imbeciles, (b) an apology and (c) an assurance that you will write in future to an address where I live, not a property you've been told multiple times I don't live in.

Now you know, and I know, and now you know that I know that any complaints procedure involving you and your bezzies is a sham where no doubt you & your mates will investigate yourselves and find that you've done nothing wrong.  That's not the point.  All these mails are going in to a file all ready for any judge.  You've already pulled your backdoor CCJ scam once - claim form no.XXXXX, PCN no. XXXXX - if you try again I will make sure I claim so much dosh in costs after an unreasonable costs order that your firm will end up in liquidation.

Get off your backsides and sort out the address question - now.

Yours, XXXXX

However, there ìs no rush, see what the other regulars have to say over the weekend.

Edited March 22 by FTMDave
Extra info added

[lookinforinfo]

Sounds good to me though a tad refined so it may go over their heads.

[Nicky Boy]

Too many words with multiple syllables...

No, looks good to me Dave. 

[tutty1]

Thanks for all your input.

That letter from Dave will be sent tonight and hopefully put an end to this fiasco.

T.

[FTMDave]

OK.  Obviously when I wrote "Re: PCN no. XXXXX" in the heading I mean the one that hasn't been paid and towards the end "claim form no.XXXXX, PCN no. XXXXX " the one that sadly you had to pay.

Send it to the e-mail addresses that have worked before.

There is a chance they might pretend that they haven't received it as on their site they only give a snail-mail address for complaints.  If necessary the letter can be sent by snail-mail in a week's time say, but cross that bridge ...

 

[FTMDave]

Any reply from these jokers?

[tutty1]

Nothing as yet, but not expecting anything until after the Easter break tbh.

They are notoriously slow at responding at the best of times.

[FTMDave]

I'm just thinking that if they don't reply by tomorrow it's worth investing in a 2nd class stamp and getting a free Certificate of Posting from the post office.

That way you have proof of posting and they can't pretend they never received the letter.

[lookinforinfo]

Perhaps they have used the address again in England to show that you are receiving their letters from there.................