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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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In August last year I received a parking fine from a company

Customer Question

Good Afternoon.
In August last year I received a parking fine from a company called Parking Eye. Based in Southampton. I entered their car park under duress because of the traffic situation outside the usual pick up point by the ferry terminal. I was moved on from the normal pick up area.
I entered this private car park. I did not park and I made a telephone call for proceeding on my way. I was in the car park for 20 minutes. Camera regonition caught me and they dined me £100.
I disputed the fine but they rejected my dispute without any satisfactory response. I offered them £5 compensation for contribution towards parking and considerable wear and tear on the tarmac.
I moved address in December and have just found out that I have CCJ against me for £200. I did not respond to their letters or the threats of the CCJ as I thought I was absurd.
Please help, I now have an active CCJ which has now run over the month expiry and is on my credit rating.
What can I do??
Submitted: 6 months ago.
Category: Law
Expert:  chatham-chamber replied 6 months ago.

Hi, what was the date judgement was entered into?

did you receive any notification of the proceedings?

Customer: replied 6 months ago.
They filled for judgement around the end of September and the Northampton court sent me the notifications on the 28th October.I was in the processing of moving home and vacted my property on the 17th December. However I don't remember receiving any letters of notifications for proceedings.
Customer: replied 6 months ago.
Not that I can recall. However I might have dismissed them. I really can't remember.
Expert:  chatham-chamber replied 6 months ago.

Hi,

It seems from the information you have provided that judgement may have been entered in default.

I would suggest that you apply to court to have the judgement set aside based on the grounds that you did not receive any documents.

If the court sets it aside, you will have an opportunity to defend the claim.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 6 months ago.
Hello again.... I require a bit more information. Yes the judgement was entered in default as I was unaware it was being processed.Can I make a claim on two accounts?
1) that I did not receive the paper work.
2) that the fine is not legitimateWill both claims hold up for an appeal? Do I need to provide evidence that I did not receive the paper work?
I only get one shot at this appeal at a cost of £255 so it must be right.I want to dispute the £100 fine on this statement.I was forced into the car parking area because the usual pick up zone for the ferry was busy and I was moved on my members of staff. The area is a no through road so was forced into the private car park.I entered the car park and was unable to find a free parking space. The car park is split into two zones. Blue and red with different terms, all signs are in small print and unable to read from a distance. I pulled over behind two cars after finally waiting for cars to park. I got out and wondered over to the displays. I read the contractual agreement within the car park on both the red and blue zones. Although these are a few minutes walk between them. I also went to the entry of the car park for further information.I read all the contractual agreement's and decided I was better off driving to another area. I walked back to my car. I made a two minute phone call to explain to my girlfriend that I could not pick her up where I was currently ar and I moved on. I left the car park.I was in the car park for 21 minutes in total. 5 minutes driving around to find a space. 5 minutes in zone 2 looking at sings and 5 minutes in zone 1. Not once did it say how long I had before the automatic camera's would charge me £100. so even though I entered the car park under a contractual agreement I was not given a time scale that I had to adhere to before I was charged.So my arguments for appealing the dispute and the enforced CCJ are1) no paper work received
2) not enough time to read all the contractual agreements before deciding to decline the contract and find a suitable parking area. Find regardless whilst reading the terms and conditions.
3) no suitable parking in the area due to lack of space so could park anyway.I hope this makes sense?
Kind regards james
Expert:  chatham-chamber replied 6 months ago.

Hi James,

Yes I do think you can claim on both counts. However, the first thing you would need to do is apply to have the judgement set aside.

The court should then allow you to file a defence and counterclaim.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 6 months ago.
What happens if they don't set it aside?
Expert:  chatham-chamber replied 6 months ago.

Hi,

If they do not set it aside then the judgement stands and you will have to pay the amount due.

This will obviously have an adverse affect on your credit rating.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

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