Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • nicolanicola
    • By nicolanicola 8th Jul 17, 10:00 AM
    • 70Posts
    • 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 4
    • Quentin
    • By Quentin 8th Jul 17, 7:15 PM
    • 32,402 Posts
    • 16,499 Thanks
    Quentin
    isnt a "consent to set aside" where you admit guilt to the charge , and pay there stupid charge in order for them to remove the CCJ ?

    are you guilty as charged?
    Originally posted by pappa golf
    No.

    Its an agreement between the parties that the claimant is not going to dispute the application.

    (Though it does involve settling the claim with the claimant)
    • pappa golf
    • By pappa golf 8th Jul 17, 7:24 PM
    • 7,235 Posts
    • 7,388 Thanks
    pappa golf
    No.

    Its an agreement between the parties that the claimant is not going to dispute the application.



    (Though it does involve settling the claim with the claimant)
    Originally posted by Quentin
    would that be the fact that they started a claim at the wrong address due to failure of diligence?


    and the claim was probably £200 + , and the consent will be £100 , a set aside will cost £255 , and if it is proved that PE acted unreasonably would be refunded , at which point if PE start a new claim then pay the £100 (max by law)

    this is MSE, MONEY SAVING EXPERT
    Last edited by pappa golf; 08-07-2017 at 7:26 PM.
    • nicolanicola
    • By nicolanicola 8th Jul 17, 7:25 PM
    • 70 Posts
    • 2 Thanks
    nicolanicola
    and the claim was probably £200 + , and the consent will be £100 , a set aside will cost £255 , and if it is proved that PE acted unreasonably would be refunded , at which point if PE start a new claim then pay the £100 (max by law)

    this is MSE, MONEY SAVING EXPERT
    Originally posted by pappa golf
    So what would you do? Just a set aside and and prove you had a chance of defending original claim?
    • pappa golf
    • By pappa golf 8th Jul 17, 7:29 PM
    • 7,235 Posts
    • 7,388 Thanks
    pappa golf
    So what would you do? Just a set aside and and prove you had a chance of defending original claim?
    Originally posted by nicolanicola

    I refer you to your statement in post 55

    "I don't know. I guess I must be guilty of overstaying the allowed time in a car park one time."
    • Quentin
    • By Quentin 8th Jul 17, 7:37 PM
    • 32,402 Posts
    • 16,499 Thanks
    Quentin
    would that be the fact that they started a claim at the wrong address due to failure of diligence? .....
    Originally posted by pappa golf
    Unfortunately we know that the system allows claimants to do this.


    The alleged debtor is really respnsible for keeping the creditor informed of their address when disputing an unpaid invoice, bearing in mind that creditors have 6 years to take legal action, and can do it to the last known address.


    But the creditor agreeing not to contest the set aside hearing is to the benefit of the debtor if for whatever reason the debtor does want to kill off the issue with no 6 year stigma on their credit files


    I agree that it's not the forum way to cave in - and have told the OP so, but can see why the OP would see it as a quick fix
    • Quentin
    • By Quentin 8th Jul 17, 7:47 PM
    • 32,402 Posts
    • 16,499 Thanks
    Quentin
    So do you think I should to a consent to set aside or a set aside? my priority is getting this CCJ taken off my credit rating as fast as possible with minimum stress.
    Originally posted by nicolanicola
    The only stress in a set aside by consent (apart from the £100 cost) is having to pay the claimant AND gain their agreement to support the set aside. And it will be much faster than the alternative.


    The stress in going for a set aside (apart from the wait for the application to come to a hearing and the £255 which you could get back if you eventually win any subsequent court claim over the claimants PCN) is you face preparing for a court hearing for the set aside, preparing the case for the set aside and the defence of the original claim, then if you are successful waiting to see if you have to go to court again and defend a new claim.


    (And stressing if you have to spend more money paying up if you lose!)
    • Redx
    • By Redx 8th Jul 17, 7:49 PM
    • 15,169 Posts
    • 19,123 Thanks
    Redx
    Says everybody everywhere ever! This is a completely shock to me that they can now.
    Originally posted by nicolanicola
    an urban myth in england and wales , possibly true 10 years ago , but not since parliament brought in POFA2012 , in , you guessed it , 2012 (october)

    and the very high profile BARRY BEAVIS case concluded at the SUPREME COURT with a judgment on or around 5th November 2015 , so getting on for 2 years ago and some 3 years after POFA2012 became law

    that case made tv , the papers , this forum , consumer forums , parking pranksters blogs etc

    in fact PE will have quoted it to you in their correspondence if the original parking event (the one you know nothing about) happened in the last couple of years

    BEAVIS lost 3 times in 3 different courts

    PE issue around 25 to 30 THOUSAND court claims per annum , so quite high profile too

    I appreciate its new to you, but its all an old bone that has been chewed over many times on forums like this one

    and a point of order, its not about NOW !!

    the ability to take another entity to court for an unpaid invoice has existed in england and wales since 1973 (now called an MCOL , previously the small claims court)

    so that mechanism has existed for 44 years !

    the reason for the word ENTITY , is because it was generally considered to be the driver for motoring claims , ie:- the driver was responsible , so the DRIVER could be taken to court and this has been the case for maybe 15 years or more

    the problem was that they had to know who the driver was (which is why its still difficult for them in Scotland and N.I.) , whereas now they can go after the keeper if using POFA2012 (in england and wales)

    so currently you are getting a condensed crash course on the history of the topic and its ramifications, which usually takes a long time to get your head around , CCJ or no CCJ

    it was all gone into on this thread too

    http://forums.moneysavingexpert.com/showthread.php?t=5619223

    many , many more threads exist on this topic on here and over on pepipoo forums , and on C.A.G. and other forums too

    here is another one

    http://forums.moneysavingexpert.com/showthread.php?t=5676532
    Last edited by Redx; 08-07-2017 at 8:09 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Coupon-mad
    • By Coupon-mad 8th Jul 17, 11:10 PM
    • 48,965 Posts
    • 62,457 Thanks
    Coupon-mad
    and the consent will be £100 , a set aside will cost £255 ,
    I've never done it but it's my understanding that a set aside with consent costs a court fee of £100.

    There is no £255 in play at all.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,159Posts Today

8,574Users online

Martin's Twitter