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  • FIRST POST
    • nicolanicola
    • By nicolanicola 8th Jul 17, 10:00 AM
    • 52Posts
    • 2Thanks
    nicolanicola
    CCJ from parking eye but they deliberately sent to old address
    • #1
    • 8th Jul 17, 10:00 AM
    CCJ from parking eye but they deliberately sent to old address 8th Jul 17 at 10:00 AM
    I parked in a free for 1.5 hours car park a couple of months ago when we went out for a meal. I was 15 minutes late. They car park was 3/4 empty. I got various letters from them about a fine. But I listened to what everyone says and thought, they can't do anything.

    Then they sent me a letter saying if I didn't pay then they'd be taking it to the county court. I was worried about this but thought it may be a threat, when I get any court documents, then I'll pay the fine.

    To be absolute shock and horror I have discovered I've a CCJ on my credit file registered to my old addesss!! There's no way I would have received any court forms to attend the court or dispute the fine as they deliberately must have sent them to my old address.

    They sent all letters prior to the CCJ to my current address so why is the CCJ at my old address I haven't lived at for over a year?

    What can I do about this? If I'd had the chance on receiving any court documents I would have paid the fine.
Page 1
    • The Deep
    • By The Deep 8th Jul 17, 10:05 AM
    • 6,698 Posts
    • 5,695 Thanks
    The Deep
    • #2
    • 8th Jul 17, 10:05 AM
    • #2
    • 8th Jul 17, 10:05 AM
    This seems to be overwhelming incompetence on their part. I would engage an expensive QC, (are there any other), to deal with it on your behalf.
    You never know how far you can go until you go too far.
    • nicolanicola
    • By nicolanicola 8th Jul 17, 10:06 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    • #3
    • 8th Jul 17, 10:06 AM
    • #3
    • 8th Jul 17, 10:06 AM
    I just want it off my credit file.
    • pappa golf
    • By pappa golf 8th Jul 17, 10:13 AM
    • 7,171 Posts
    • 7,269 Thanks
    pappa golf
    • #4
    • 8th Jul 17, 10:13 AM
    • #4
    • 8th Jul 17, 10:13 AM
    I just want it off my credit file.
    Originally posted by nicolanicola

    you will have to apply for a set aside , stating why you recieved no corrispondance , contact ther courts on monday and ask for copy , showing the address they used

    your statement "I parked in a free for 1.5 hours car park a couple of months ago" however does not sound right , a few mths ago?
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • nicolanicola
    • By nicolanicola 8th Jul 17, 10:13 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    • #5
    • 8th Jul 17, 10:13 AM
    • #5
    • 8th Jul 17, 10:13 AM
    Yes a few months ago. Why does that not sound right?
    • Umkomaas
    • By Umkomaas 8th Jul 17, 10:18 AM
    • 13,620 Posts
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    Umkomaas
    • #6
    • 8th Jul 17, 10:18 AM
    • #6
    • 8th Jul 17, 10:18 AM
    You need to be urgently considering applying for a set-aside, as at the moment your credit rating is likely to be trashed, meaning you could have serious problems in getting a mortgage, loan or any form of credit, mobile phone contracts can prove difficult, and in some instances employment prospects can be hampered. And this is for the next 6 years.

    A set-aside will cost you £255 (or £100 if on benefits, or PE agree to it, but you would also probably have to pay them whatever it is they say you 'owe' them for the parking charge).

    You must have good reasons why you didn't defend yourself at the time of issue of the court papers (being sent to a wrong address would be a good reason) and you need to show that you have a reasonable prospect of defending PE's original case against you should they reissue proceedings.

    Please read post #2 of the NEWBIES FAQ sticky which, inter alia, covers applying for a set-aside. In addition here are some other pertinent webpages to visit and read.

    https://www.google.co.uk/search?q=CCJ+set+aside&cad=h

    http://www.aboutsmallclaims.co.uk/

    http://www.aboutsmallclaims.co.uk/county-court-judgement-against-you.html

    http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Quentin
    • By Quentin 8th Jul 17, 10:19 AM
    • 32,115 Posts
    • 16,203 Thanks
    Quentin
    • #7
    • 8th Jul 17, 10:19 AM
    • #7
    • 8th Jul 17, 10:19 AM
    Are you sure this ccj relates to the incident you posted about?

    It takes longer than 2 months between the incident and the conclusion of a court claim.

    If it is this recent, then you may be in time to pay it off if that's your wish.

    You have 30 days to do so from the date of the judgement

    Otherwise read up on set aside a ccj.
    • pappa golf
    • By pappa golf 8th Jul 17, 10:20 AM
    • 7,171 Posts
    • 7,269 Thanks
    pappa golf
    • #8
    • 8th Jul 17, 10:20 AM
    • #8
    • 8th Jul 17, 10:20 AM
    the timing , 14 days to recieve letter , follow up after 28 , further follow up another 28 days , letter of intended court action , 28 days , court papers , plus the required time to reply to them "x" days

    PE do court , but not the day after , they have thousands of claoms and quite often court does not happen for well over 12 mths after the incident

    I suggest you contact the court and get basic info (land it happened on) date of offence , etc etc ,

    I feer that the paper you have been recieving recently are a seperate late incident that you are about to get court paperwork for shortly
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • nicolanicola
    • By nicolanicola 8th Jul 17, 10:25 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    • #9
    • 8th Jul 17, 10:25 AM
    • #9
    • 8th Jul 17, 10:25 AM
    I think perhaps you are right and it's an old offence then. It was registered on the 8th June. I tried ringing the court yesterday to find out more about it but they were enagaged all day. I then emailed them and they said it could take 10-14 working days to reply.

    What else can I do? PE have my new address clearly as they've sent another fine to me. Do they not need to perform any due dilligence to check if I have moved? E.g. Check with DVLA if registered keepers addrsss has changed?
    • pappa golf
    • By pappa golf 8th Jul 17, 10:28 AM
    • 7,171 Posts
    • 7,269 Thanks
    pappa golf
    due dilligence YES on all cases that exceed 6 mths from the date of the ticket

    HOWEVER under UK law , PE are only ALLOWED to get your info ONCE (per case) from the DVLA , and in the case of a ANPR type ticket this mist be before and served on the keeper within 14 days

    due dilligence , UK law and private parking do not go together
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • nicolanicola
    • By nicolanicola 8th Jul 17, 10:31 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    due dilligence YES on all cases that exceed 6 mths from the date of the ticket

    HOWEVER under UK law , PE are only ALLOWED to get your info ONCE (per case) from the DVLA , and in the case of a ANPR type ticket this mist be before and served on the keeper within 14 days

    due dilligence , UK law and private parking do not go together
    Originally posted by pappa golf
    So what can I do? They obviously have my new address as they wrote to me with a fine 3 months ago. I've missed the deadline for paying it too - it was registered on 8th June. Today is 8th July but it's a Saturday. But I did try to find out details about it yesterday but could not get in touch with the court. I have phone and email records.
    • Umkomaas
    • By Umkomaas 8th Jul 17, 10:34 AM
    • 13,620 Posts
    • 21,360 Thanks
    Umkomaas
    Do they not need to perform any due dilligence to check if I have moved? E.g. Check with DVLA if registered keepers addrsss has changed?
    Nope, sorry. They deal with each parking charge as an entirely separate entity. Remember they do this on an industrial scale. They issue around one and a half million tickets per year.

    They can only contact the DVLA once per parking charge. Neither does the DVLA update an address to them for a previously issued PCN where they've already provided (former) data.

    It's a mess that Theresa May said she would sort out when she became PM - but that's increasingly looking like an empty promise. As well as sorting out your set-aside write to your MP, to Theresa May and to Marcus Jones MP of the DCLG - all have the capacity to help get this national debacle sorted out.

    When you've found out precisely and can confirm which parking charge your CCJ relates to, let us know for further advice.

    But if it is you've also got a current one in place, how far along the path is it? You don't want that one getting out of control too.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Quentin
    • By Quentin 8th Jul 17, 10:39 AM
    • 32,115 Posts
    • 16,203 Thanks
    Quentin
    To deal with the ccj your choices are to either pay it off, or try for a set aside. Set aside will cost £255 in court fees.

    If you pay it off it will remain on the register (marked as satisfied) for 6 years.

    If you win a set aside it will be removed from the register as if it never happened. The creditor would be able to reissue the claim which you defend (or pay)
    • nicolanicola
    • By nicolanicola 8th Jul 17, 10:40 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    Nope, sorry. They deal with each parking charge as an entirely separate entity. Remember they do this on an industrial scale. They issue around one and a half million tickets per year.

    They can only contact the DVLA once per parking charge. Neither does the DVLA update an address to them for a previously issued PCN where they've already provided (former) data.

    It's a mess that Theresa May said she would sort out when she became PM - but that's increasingly looking like an empty promise. As well as sorting out your set-aside write to your MP, to Theresa May and to Marcus Jones MP of the DCLG - all have the capacity to help get this national debacle sorted out.

    When you've found out precisely and can confirm which parking charge your CCJ relates to, let us know for further advice.

    But if it is you've also got a current one in place, how far along the path is it? You don't want that one getting out of control too.
    Originally posted by Umkomaas
    Thanks for the info. I am struggling to find out though as court is engaged all day and they're saying they'll get back to me via auto email response between 10 - 14 working days. Today is the last day that's within the month to pay off the CCJ. I have no way of knowing where and how to pay it though and what it's for.
    • Umkomaas
    • By Umkomaas 8th Jul 17, 10:50 AM
    • 13,620 Posts
    • 21,360 Thanks
    Umkomaas
    Today is the last day that's within the month to pay off the CCJ. I have no way of knowing where and how to pay it though and what it's for.
    If you're still within the deadline to settle the CCJ, I'm not sure whether it should have already appeared on your credit file?

    @Quentin - should this be the case? You are better versed than me on CCJs.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • pappa golf
    • By pappa golf 8th Jul 17, 10:54 AM
    • 7,171 Posts
    • 7,269 Thanks
    pappa golf
    if its on the credit report then its already a CCJ , issued 28 days after default
    Have YOU had to walk 500 miles?
    Were you advised to walk 500 more?
    You could be entitled to compensation.
    Call the Pro Claimers NOW.
    • nicolanicola
    • By nicolanicola 8th Jul 17, 11:05 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    if its on the credit report then its already a CCJ , issued 28 days after default
    Originally posted by pappa golf
    Oh I see. Looks like a set aside then. It's ridiculous. I have to pay £255 to apply to get this taken off. They made no attempt to find out if I had moved, neither did the courts. And this is legal?
    • Quentin
    • By Quentin 8th Jul 17, 11:17 AM
    • 32,115 Posts
    • 16,203 Thanks
    Quentin
    To win a set aside apart from showing why you should be given one (or you knew nothing about the claim) you also need to show the judge you have a reasonable defence.

    Also read up on set aside by consent as another option to consider, though would mean you paying the ccj, though only £100 fee for the set aside assuming the creditor will co-operate, and no hearing to attend
    • nicolanicola
    • By nicolanicola 8th Jul 17, 11:18 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    To win a set aside apart from showing why you should be given one (or you knew nothing about the claim) you also need to show the judge you have a reasonable defence.

    Also read up on set aside by consent as another option to consider, though would mean you paying the ccj, though only £100 fee for the set aside assuming the creditor will co-operate, and no hearing to attend
    Originally posted by Quentin
    Set aside by consent? What's that?
    • Quentin
    • By Quentin 8th Jul 17, 11:19 AM
    • 32,115 Posts
    • 16,203 Thanks
    Quentin
    If you're still within the deadline to settle the CCJ, I'm not sure whether it should have already appeared on your credit file?

    @Quentin - should this be the case? You are better versed than me on CCJs.
    Originally posted by Umkomaas
    Yes, ccjs do get put on the register almost immediately. Then removed if paid off within 30 days
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