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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 2
    • Quentin
    • By Quentin 8th Jul 17, 11:23 AM
    • 32,149 Posts
    • 16,232 Thanks
    Quentin
    Set aside by consent? What's that?
    Originally posted by nicolanicola
    Google it for a full explanation.

    You and the creditor both agree in writing that the ccj be set aside and send in your written agreements to the court.

    Would involve you negotiating this with the claimant
    • nicolanicola
    • By nicolanicola 8th Jul 17, 11:23 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    Yes, ccjs do get put on the register almost immediately. Then removed if paid off within 30 days
    Originally posted by Quentin
    Well this is the date it shows on my credit file. Is it 30 days from then?

    • nicolanicola
    • By nicolanicola 8th Jul 17, 11:24 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    Google it for a full explanation.

    You and the creditor both agree in writing that the ccj be set aside and send in your written agreements to the court.

    Would involve you negotiating this with the claimant
    Originally posted by Quentin
    Ok. Do you think I'm better doing that than a normal set aside?

    Does the fact that I haven't lived there for 11 months count in my defence?
    • Quentin
    • By Quentin 8th Jul 17, 11:26 AM
    • 32,149 Posts
    • 16,232 Thanks
    Quentin
    To get a ccj removed from the register of ccjs you need to pay it off in full within 30 days from date of judgement
    • nicolanicola
    • By nicolanicola 8th Jul 17, 11:28 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    To get a ccj removed from the register of ccjs you need to pay it off in full within 30 days from date of judgement
    Originally posted by Quentin
    Ok. On Experian it says Date - 8th June. So I'm guessing that's the registered date. That would mean I have to today but obviously today is a Saturday and I have no way of knowing who and where to pay.
    • Quentin
    • By Quentin 8th Jul 17, 11:32 AM
    • 32,149 Posts
    • 16,232 Thanks
    Quentin
    Ok. Do you think I'm better doing that than a normal set aside?

    Does the fact that I haven't lived there for 11 months count in my defence?
    Originally posted by nicolanicola
    Where you live isn't a defence against the claim.

    But should be good enough as a reason why you want it set aside.

    You need to read up on set aside as apart from having a reason why, you also need to show an outline of the defence against the claim you would use.


    Consider set aside by consent only if you want to pay it off! It's then an alternative to consider.

    If you win a set aside and then the creditor loses the subsequent second claim or doesn't make one then you can ask them to reimburse you the £255!
    • Quentin
    • By Quentin 8th Jul 17, 11:33 AM
    • 32,149 Posts
    • 16,232 Thanks
    Quentin
    Ok. On Experian it says Date - 8th June. So I'm guessing that's the registered date. That would mean I have to today but obviously today is a Saturday and I have no way of knowing who and where to pay.
    Originally posted by nicolanicola
    Yes Too late
    • nicolanicola
    • By nicolanicola 8th Jul 17, 11:37 AM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    Where you live isn't a defence against the claim.

    But should be good enough as a reason why you want it set aside.

    You need to read up on set aside as apart from having a reason why, you also need to show an outline of the defence against the claim you would use.


    Consider set aside by consent only if you want to pay it off! It's then an alternative to consider.

    If you win a set aside and then the creditor loses the subsequent second claim or doesn't make one then you can ask them to reimburse you the £255!
    Originally posted by Quentin
    Oh I don't mind paying it off. The debit is now £254. Set aside by consent if £100. I'd pay that to stop this stress.

    I have no idea if I have a defence. Can you defend against being over the allowed time to stay in a car park?
    • nic_c
    • By nic_c 8th Jul 17, 12:01 PM
    • 824 Posts
    • 508 Thanks
    nic_c
    Ok. On Experian it says Date - 8th June. So I'm guessing that's the registered date. That would mean I have to today but obviously today is a Saturday and I have no way of knowing who and where to pay.
    Originally posted by nicolanicola
    You pay the creditor, i.e. Parking Eye. It shouldn't be too late, but it would need paying today - you are given one calendar month. The creditor would then need to confirm to the court that you paid within the timescale allowed (it does not matter if they inform the court after the month, they just need to confirm you paid in time)
    https://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/removing-a-ccj
    The question is PE open to accept payment and you may need to chase them up
    • Thrugelmir
    • By Thrugelmir 8th Jul 17, 12:01 PM
    • 54,406 Posts
    • 47,252 Thanks
    Thrugelmir
    Can you defend against being over the allowed time to stay in a car park?
    Originally posted by nicolanicola
    There would have a penalty notice issued and attached to the car at the time.
    “ “Bull markets are born on pessimism, grow on skepticism, mature on optimism, and die on euphoria. The time of maximum pessimism is the best time to buy, and the time of maximum optimism is the best time to sell.” Sir John Marks Templeton
    • nicolanicola
    • By nicolanicola 8th Jul 17, 12:02 PM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    There would have a penalty notice issued and attached to the car at the time.
    Originally posted by Thrugelmir
    Oh ive had nothing attached to my car
    • nicolanicola
    • By nicolanicola 8th Jul 17, 12:03 PM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    You pay the creditor, i.e. Parking Eye. It shouldn't be too late, but it would need paying today - you are given one calendar month. The creditor would then need to confirm to the court that you paid within the timescale allowed (it does not matter if they inform the court after the month, they just need to confirm you paid in time)
    https://www.trustonline.org.uk/understand-judgments-fines/ccjs-and-county-courts/removing-a-ccj
    The question is PE open to accept payment and you may need to chase them up
    Originally posted by nic_c
    Ok so if I ring them and ask them if I pay today if I'll still be within the one calendar month?
    • pappa golf
    • By pappa golf 8th Jul 17, 12:05 PM
    • 7,184 Posts
    • 7,282 Thanks
    pappa golf
    but they are not CCJs , untill the 28 days to pay have elapsed , then after non payment they are converted into CCJs
    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, 12:06 PM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    but they are not CCJs , untill the 28 days to pay have elapsed , then after non payment they are converted into CCJs
    Originally posted by pappa golf
    Oh I see so for me to have a CCJ it must have gone past the allowed time to pay it off?
    • pappa golf
    • By pappa golf 8th Jul 17, 12:08 PM
    • 7,184 Posts
    • 7,282 Thanks
    pappa golf
    Oh I see so for me to have a CCJ it must have gone past the allowed time to pay it off?
    Originally posted by nicolanicola

    yes ,,,,,,,,,,,,,,,,,,,
    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.
    • Quentin
    • By Quentin 8th Jul 17, 12:15 PM
    • 32,149 Posts
    • 16,232 Thanks
    Quentin
    Oh I see so for me to have a CCJ it must have gone past the allowed time to pay it off?
    Originally posted by nicolanicola
    No.


    You get a CCJ immediately it is pronounced by the court.


    What you are getting mixed up over (as is pg!) is when a CCJ stays permanently on the register of ccjs. (Which is when it has not been paid off in full within 30 days of its issue)
    Last edited by Quentin; 08-07-2017 at 5:02 PM.
    • Quentin
    • By Quentin 8th Jul 17, 12:16 PM
    • 32,149 Posts
    • 16,232 Thanks
    Quentin
    but they are not CCJs , untill the 28 days to pay have elapsed , then after non payment they are converted into CCJs
    Originally posted by pappa golf
    No.


    See previous post #36
    • nicolanicola
    • By nicolanicola 8th Jul 17, 12:19 PM
    • 52 Posts
    • 2 Thanks
    nicolanicola
    So just tried ringing PE. Can only get through to automatic payment line. Today is my last day of the one calendar month. I cannot speak to anyone to find out if I can pay it and if they'll let the court know to remove the CCJ.
    • nic_c
    • By nic_c 8th Jul 17, 1:07 PM
    • 824 Posts
    • 508 Thanks
    nic_c
    Seems to be a lot of confusion around. If it says 8th June on Experian, then that will be the date of the Judgement, so has to be paid by one calendar month from that date. CCJs are usually put on the Register and reported to one CRA within a couple of days (the CRA's take updates from each other so it may take a month to appear on others). To wait a month to check whether they have been paid as to whether to add them or not would make a lot of extra work.

    The Q is would paying PE online be in time? Most companies would have the system automated, i.e. if paid within a month the letter is sent to update the court, but whether this is true of PE or whether the automated payment methods would update the account to say paid, I don't know. If you do pay then it would be harder to get it set aside. If you apply to get it set aside, it doesn't mean the debt goes away. Also the set aside isn't guaranteed. If the DVLA gave them it, then they are going by your known address - when had you informed the DVLA of you new address.
    • Johno100
    • By Johno100 8th Jul 17, 1:11 PM
    • 2,870 Posts
    • 3,085 Thanks
    Johno100
    Does the fact that I haven't lived there for 11 months count in my defence?
    Originally posted by nicolanicola
    Well from what I can gather you don't know when the parking event occurred that has resulted in the default judgment, it could be from before you moved. Also how prompt were you in sending your V5c (log book) off to have the address changed at the DVLA?
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