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#Post#: 81880--------------------------------------------------
Parking Eye & now Country Court Judgement. 4 minutes late bu
ying parking ticket!
By: RebeccaT Date: July 21, 2025, 5:06 am
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Can someone please advise on what should be done, as there is
now a CCJ issued to the driver. The driver parked in an
underground carpark monitored by Parkingeye in April 2024, while
taking their 87 year old mother to the library. There was no
phone signal while underground so could not use the app or make
calls. Once outside and with phone signal the driver made a
payment for 2 hours. (Unaware the clock for parking had started
the minute they entered! There are no signs to tell you this).
The carpark only has a steep stairway to exit by foot. This took
a little longer than normal with the elderly mother. The driver
and mother returned before the 2 hours time-slot shown on the
app. A month later, a letter was received from PE asking to pay
a fine of £100 for not paying for parking. It was assumed to be
a mistake, so promptly sent them a photo of the payment receipt.
Then they sent another letter/email and eventually was forced to
appeal with POPLA. The same evidence and an explanation of the
circumstances were given. POPLA rejected the appeal in August
2024. They claimed there had been an overstay of 4 minutes, due
to paying late! The driver offered to pay the extra hour that
they had unintentionally gone into. They refused. All
correspondence had been by email and online. No further contact
was received by email.
The driver lives mostly overseas, so was not in the UK between
October 2024 and May 2025, when the court appeal paperwork was
sent by post the the UK address in March 2025. Therefore there
was no opportunity to appeal. Consequently there is now a CCJ.
Pages and pages of legal jargon were sent. All very confusing.
They claimed the driver had stayed longer than 2 hours in the
carpark due to clocking the driver when entering the carpark.
They allow a few minutes to buy your ticket. This time limit had
gone over, due to the carpark not actually having the ability to
accept any payment within the timeframe, (no network coverage,
and still today no network coverage). No facilities to exit
within the timeframe if disabled. There are no signs to inform
you that your time starts on entering the carpark with details
taken from cameras. Surely they have breached the rules here?
#Post#: 81882--------------------------------------------------
Re: Parking Eye & now Country Court Judgement. 4 minutes lat
e buying parking ticket!
By: DWMB2 Date: July 21, 2025, 5:12 am
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Welcome to FTLA.
To help us provide the best advice, please read the following
thread carefully and provide as much of the information it asks
for as you are able to: READ THIS FIRST - Private Parking
Charges Forum guide
HTML https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/<br
/>
In addition as a starting point, we could do with seeing the
judgement you have received (in particular the dates). It would
also be useful to know the period during which you were outside
the country.
#Post#: 81940--------------------------------------------------
Re: Parking Eye & now Country Court Judgement. 4 minutes lat
e buying parking ticket!
By: RebeccaT Date: July 21, 2025, 9:37 am
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Thank you for your reply. I have now read the forum guidelines
and have made a few amendments to the original post. I will
update with more details shortly
#Post#: 81946--------------------------------------------------
Re: Parking Eye & now Country Court Judgement. 4 minutes lat
e buying parking ticket!
By: DWMB2 Date: July 21, 2025, 10:00 am
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[quote author=RebeccaT link=topic=7335.msg81880#msg81880
date=1753092415]
The driver lives mostly overseas, so was not in the UK between
October 2024 and May 2025
[/quote]
But you are resident in the UK part of the time, and maintain
financial interests here? In addition to the information already
sought, it would also be useful to know what processes you have
in place to ensure you are able to receive and respond to post
sent to your British address whilst you are abroad. If you
simply allow post to sit unopened for 6+ months at a time and
only deal with it when you return, this might present issues.
#Post#: 81954--------------------------------------------------
Re: Parking Eye & now Country Court Judgement. 4 minutes lat
e buying parking ticket!
By: RebeccaT Date: July 21, 2025, 10:23 am
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I do fly back and forth a couple of times a year, and until
this, have not had a need for mail to be forwarded or checked,
as most companies will correspond by email. I was in
communication by just email with Parkingeye and the appeal
process with POPLA was all online. I therefore assumed further
important correspondence would continue in the same way. It did
not. I have attached photo images of the latest paper
correspondence. I hope this is helpful and thank you for
responding. I am now receiving Debt Recovery letters from
dcbl...
[attachment deleted by admin]
#Post#: 81961--------------------------------------------------
Re: Parking Eye & now Country Court Judgement. 4 minutes lat
e buying parking ticket!
By: Dave65 Date: July 21, 2025, 11:10 am
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The particulars of claim state that no payment was made to park.
Well, you did pay to park.
As for the parking starting on entry (cameras anpr) it has been
said in previous court claims that this is not parking.
Also, the issue of paying within a certain time scale has also
been covered in small claims cases and not upheld.
A pity this was not picked up earlier.
The regulars will advise and maybe a case of asking for another
hearing.
#Post#: 81964--------------------------------------------------
Re: Parking Eye & now Country Court Judgement. 4 minutes lat
e buying parking ticket!
By: H C Andersen Date: July 21, 2025, 11:22 am
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The only way to get a CCJ removed from the register is to get it
cancelled by the court or set aside.
HTML https://www.registry-trust.org.uk/rt-learn-ew/remove-ccj/
Cancellation (because you pay) is out because you're more than
28 days past the court judgment date, which leaves set aside
which can be with consent (of the successful claimant) or
contested. I couldn't imagine them consenting therefore you'd be
looking at a fee of £303 just to put the matter to a judge(with
no guarantee of success). Would you qualify with help with this
fee?
HTML https://www.gov.uk/get-help-with-court-fees
Bottom line: what does a CCJ on your credit record for the next
6 years mean to you? Once we know, then it's more likely we
could give advice.
#Post#: 81970--------------------------------------------------
Re: Parking Eye & now Country Court Judgement. 4 minutes lat
e buying parking ticket!
By: b789 Date: July 21, 2025, 11:46 am
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Can you evidence that you were out of the country at the time
the claim was issued and served and for the duration until after
the default CCJ was entered? Do you have evidence that your
normal place of residence is abroad and you do not reside in the
UK but still maintain financial interests here?
If you mainly live abroad and the claim form was sent to a UK
address where you don't actually reside or weren't present, then
service may not have been valid. For service within the UK, it
must be to a current and proper address where the defendant can
reasonably expect to receive legal documents. If the claimant
served the form to a UK address without confirming that the
Keeper still used it, it could be defective.
CPR 13.2 provides mandatory grounds for setting aside a default
judgment if it was wrongly entered. If the Keeper was never
properly served—because they were out of the country and the
claim form was sent to an address where they weren’t
residing—then the judgment may have been wrongly entered under
CPR 12.3, which triggers CPR 13.2.
[indent]• If service was invalid, for example under CPR 6.9
(usual or last known residence), and the claimant failed to take
reasonable steps to verify the correct address, then the court
must set aside the judgment under CPR 13.2.
• Evidence showing the Keeper was abroad at the time—such as
travel records, visa stamps, tenancy agreements, or council tax
records—can support the argument that no valid service occurred.
• Unlike CPR 13.3, which is discretionary, CPR 13.2 is
mandatory: if the conditions for default judgment weren’t met,
the court has no choice but to set it aside.[/indent]
You will need to submit an N244 set aside application which will
cost £313 but will be recoverable from the claimant. Assuming I
am correct about your residency, you should first write to
ParkingEye with the following:
[quote]Dear Sirs,
Re: Default Judgment – [Defendant’s Name] – Claim No. [Claim
Number]
I write regarding the default judgment entered against me in the
above matter.
At the time of purported service, I was residing outside the
jurisdiction of England and Wales. The address used was not my
residence, and I had no knowledge of the proceedings until after
the judgment was entered. No valid service occurred, and you
failed to obtain permission to serve out of jurisdiction under
CPR 6.36 and Practice Direction 6B.
The judgment was therefore wrongly entered under CPR 12.3, and
CPR 13.2 applies. The court is required to set it aside.
Furthermore, the court lacks jurisdiction to hear the claim
against a defendant domiciled abroad, and I have not submitted
to the jurisdiction.
To avoid unnecessary costs and court time, I invite you to
consent to a set aside. I am not offering to contribute to the
application fee — this situation arises entirely from your
procedural failure. A consented application would incur a lower
fee of £123, which you would be responsible for paying.
Should you refuse or fail to respond within 7 days, I will
proceed with a contested N244 application (fee £313) and seek
recovery of that cost in full under CPR 27.14(2)(g), along with
any other associated costs, citing unreasonable conduct.
If you agree to resolve the matter by consent, I invite you to
submit your proposed draft order for my review. Any wording that
implies cost liability or submission to jurisdiction will be
rejected.
Yours faithfully,
[Defendant’s Name][/quote]
#Post#: 81976--------------------------------------------------
Re: Parking Eye & now Country Court Judgement. 4 minutes lat
e buying parking ticket!
By: RebeccaT Date: July 21, 2025, 12:16 pm
---------------------------------------------------------
Thank you all for your advice and suggestions.
I have considered the option for the CCJ to be set aside. I need
to look into this. I would not qualify for financial help with
this. Currently a CCJ is something I do not deserve or believe
has been correctly evaluated. I know my credit rating has now
been effected and has caused me inconvenience. This is not
something I wish to have for the next 6 years!
Yes I can prove that I was out of the country at the time the
claim was issued and serviced and for the duration until after
the default CCJ was entered. I can also prove my residence
abroad.
My UK address is my proper and official address in the UK, it’s
also on my V5C. In hindsight I should have informed them of my
overseas address, but simply thought they would continue the
correspondence by email or online etc.
#Post#: 81978--------------------------------------------------
Re: Parking Eye & now Country Court Judgement. 4 minutes lat
e buying parking ticket!
By: DWMB2 Date: July 21, 2025, 12:25 pm
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As an aside to the above, if you are going to continue to
maintain a vehicle in the UK registered to a UK address, it
would be very wise to put in place some sort of process for
handling mail whilst you are overseas.
If this had been a criminal charge (such as speeding), all
correspondence would have been by post, and your failure to
respond would have led to 6 points on your licence and
incredibly expensive insurance.
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