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Parking fines in own carpark turned into CCJ's and bad credit, help!

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Replies

  • Mrs_P-PMrs_P-P Forumite
    16 Posts
    Thanks for all of the posts and advice- its so helpful. previously felt like I was banging my head on a brick wall! I am looing into getting the CCJ put aside. I have the N244 form all filled out and ready but I see that I have to pay £75 to do this!! unbelievable! also i was worried about the court and all the scare mongering about wasting court time, solicitors fees etc. feel much happier about doing this now. I was glad to see Quentins post that this will be easy?- if so i'll give it a try.

    My bike was registered at the previous address, I didnt change it until after, im not sure how long but i can find out. The place I stayed at previously was only for 6 months so I didnt really think there was much point in forwarding the post on. -i wont make that mistake again. Anyway I thought you could only be issued a summons if they actually put it in your hand!- probably been watching too much hollywood?

    I will have a look at all of the suggested websites today- feel like I may now have some success- really glad i posted after all... even though my OH is now calling me Troll.

    The solicitors acting for the debt recovery people are; wilkin chapman grange- its based in Lincolnshire. They actually replied to my email today (hooray) and said that they would call me later after assessing the case.... wish me luck!!?
  • Mrs_P-PMrs_P-P Forumite
    16 Posts
    King 100- what a bunch of a***!! made me laugh out loud!!! they really are scum. I was actually in tears at the start of all of this....
  • QuentinQuentin Forumite
    40.4K Posts
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    Mrs_P-P wrote: »
    I am looing into getting the CCJ put aside........ I was glad to see Quentins post that this will be easy?- if so i'll give it a try.

    Yes, the setting aside will be easy. When granted, the CCJ will be removed from your record.

    But you will then be in the same situation you would have been in on the day you should have received the summons.

    (The summons is reinstated by the setting aside, and you will need to send in a defence to the court.)
  • Mrs_P-PMrs_P-P Forumite
    16 Posts
    I think I will give this a try then... do you have any idea what will happen at the court? will I have to go to Northampton where the CCJ is registered?-
  • king100king100 Forumite
    1.6K Posts
    Mrs_P-P wrote: »
    I think I will give this a try then... do you have any idea what will happen at the court? will I have to go to Northampton where the CCJ is registered?-

    You shouldent have to it can be moved to a court nearer to you.

    You will need to post on pepioo to file a defence.

    You need to get all dates and facts correct to show how underhand these people are.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • edited 1 October 2010 at 9:30AM
    QuentinQuentin Forumite
    40.4K Posts
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    edited 1 October 2010 at 9:30AM
    Mrs_P-P wrote: »
    will I have to go to Northampton where the CCJ is registered?-

    No.

    If a court hearing is necessary over the set aside, it will be at your local court. (As will any subsequent hearing should the claimant ask for one with regard to the original claim) The first thing to sort is the set aside of your ccj, once that is done you will have to enter your initial defence (in writing) to the original claim, and this will then proceed separately to the set aside issue.

    As the claimant will now be informed of your request, and will be given your address you might want to inform the court you have applied for the set aside and ask them not to progress any enforcement requests from the claimant until after the set aside request has been concluded.
  • Mrs_P-PMrs_P-P Forumite
    16 Posts
    Do I send my cupporting paperwork with the initial 'set aside' form?- I have copies of most of the correspondance that went back and forth or does this come later? also it says to make sufficiant copies of my application- so I guess it one for the court, one for me, but im still not sure who brought the action against me. So I dont know what to put in the 'Claimants name including ref' box!- sorry im probably being thick here!!

    I am going to copy my post into pepipoo today and try and get more info.
  • king100king100 Forumite
    1.6K Posts
    Mrs_P-P wrote: »
    Do I send my cupporting paperwork with the initial 'set aside' form?- I have copies of most of the correspondance that went back and forth or does this come later? also it says to make sufficiant copies of my application- so I guess it one for the court, one for me, but im still not sure who brought the action against me. So I dont know what to put in the 'Claimants name including ref' box!- sorry im probably being thick here!!

    I am going to copy my post into pepipoo today and try and get more info.

    As far as i remember your set aside will just state that you never have been issued with the court papers.

    i had same thing with TV License, I called and asked for DD forms to be sent out to, gave address to send them , they sent an inspector round like 2 days later, hadent received them so in their eyes didnt have TV license.

    They took me to court didnt issue me with papers, I went to court and did a stat dec slightly different, heard nothing since.

    The letters will be your defence, but pepioo will give you a defence.
    I all have learnt is from others on many sites.
    Seek legal help if unsure.
    Dont pay Private Parking tickets - they are mere invoices.

    PRESS THANKS
    }
  • QuentinQuentin Forumite
    40.4K Posts
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    Mrs_P-P wrote: »
    Do I send my cupporting paperwork with the initial 'set aside' form?.........

    You need to get the claimants particulars to complete the form - ask the court to send you a copy of the ccj.

    No need to send in your full defence for the set aside decision.

    You are applying for the ccj to be set aside because you never knew about it, didn't receive any papers at all, and that you have a full defence against the claim which is that you do not owe the money being claimed from you.

    Also ask for any requests by the claimant for enforcement of the ccj to be stayed until after the application for setting aside has been dealt with.
  • thanks so much for all of that- I will call the court today.
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