3. Initial PCN never received - Sainsbury - London - Eltham
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Initial PCN never received - Sainsbury - London - Eltham
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On 16/05/2024, the driver went to Sainsbury to do some shopping. In this supermarket, the usual procedure is to make the purchase and then use the receipt in a machine to avoid paying for parking. However, at this particular Sainsbury, the system was different: the driver needed to pay for the parking ticket first and then show the receipt at the checkout to get a refund. The driver, unaware of this difference, left without paying for parking or requesting the refund.

On 11/10/2024, the driver received a letter (https://imgur.com/a/wQksKnM) notifying them of the fine, but it arrived almost a month late. The driver tried to appeal through the website provided, but the appeal was not accepted because the payment period had already expired.

After this attempt, the driver received a second letter (https://imgur.com/a/BHzl4Vi), and then a third letter (https://imgur.com/a/PrfECRR), indicating that the fine process was moving forward.

The driver has proof of the purchase made at the supermarket on the day of the fine (https://imgur.com/a/ptGJHbk), confirming they were at the supermarket shopping and should not have been fined.

Additionally, the driver tried to appeal via email (https://imgur.com/a/JRMyXZp), but was also unsuccessful.

Is there anything that can be done in this situation?
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Re: Initial PCN never received - Sainsbury - London - Eltham
« Reply #1 on: »
The keeper of the vehicle has a CCJ and is going to suffer financial pain for the next 6 years unless they pay the amount owing within 28 days of the CCJ, which appears to be 8th October. Paying it after the 28 days does not remove the CCJ but marks it as "satisfied" which is only about 1% less financially painful than a unsatisfied CCJ.

Get that sorted first. Trying to get it set aside is going to be more expensive than the actual CCJ with no guarantee that it will be successful. The only set aside could be under CPR 13.3 which is not mandatory and bt even likely to be successful if it ever went to a hearing after set aside, assuming it were successful.

One thing they should do is update their address on their V5C for the vehicle. That is the most common reason for failing to receive any notification about a PCN. When they last moved, like many people, they updated their drivers licence details but failed to update their V5C.

However, there is no excuse for failing to respond to a Claim from the CNBC. That was the biggest mistake.
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Re: Initial PCN never received - Sainsbury - London - Eltham
« Reply #2 on: »
Dear b789,

Thank you so much for your response! It was incredibly helpful, as the driver in question was completely lost, and your guidance made all the difference.

Also, if I may ask, would it be possible to pay this CCJ in installments? I would greatly appreciate any information regarding this.
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Re: Initial PCN never received - Sainsbury - London - Eltham
« Reply #3 on: »
Unfortunately, paying in instalments does not clear the CCJ. It has to be "satisfied" in one payment before 28 days after the judgment. If necessary, arrange a loan that can be repaid over a period and "satisfy" the CCJ with the money.

If only the claim had been responded to and defended, it is highly likely that the defendant wouldn't have had to pay a penny to ParkingEye.
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