Court papers from CEL (Co-op car park)

U0144

Last year the vehicle parked for 3 hours at Co-op and court papers (claim form and response pack) have just been received by the registered keeper (TRK). All previous correspondence from CEL had been binned in accordance with what TRK now knows is out-dated advice.

A couple of questions:

1. TRK intends to get a mortgage in the next few months and the biggest concern is a CCJ affecting credit rating. Will paying now avoid this?

2. Are there any other options now that guarantee no CCJ (for example, can TRK go back to the missed appeal stage or contact Co-op direct to appeal)?

Redx

plenty of thread on this subject on here already, so I suggest you read a few of the more recent cases

try the search words in the search box to find them

coop

co-op

barnet

like this one https://forums.moneysavingexpert.com/discussion/5014904

also look at what parking prankster said on his website a few months ago too (in his blog)

and read this https://forums.moneysavingexpert.com/discussion/5006194 about CCJ timelines , especially the part that says paying the judgment avoids a CCJ

yes they need to contact the COOP asap , if not before, but dont ignore the court papers either

trisontana

Except there are now signs going up in CO-OP stores telling customers they are washing their hands of the whole business and won't intervene on behalf of the motorist. I saw one today in their store in Southwell Notts.

fil_cad

I hope the co-op kick CEL so hard up the !!! they land on the moon

U0144

Thanks for the replies. I have emailed a complaint to the Co-op, but if they don't reply with good news in a couple of days I think I have no choice but to pay, to avoid a possible CCJ.

The information given in the thread linked by Redx seems to be wrong
[I'm a newbie so can't post links - please see the CCJ link above]

Looking at the official gov.uk website
[I'm a newbie and can't post links - please google CCJs and your credit rating gov.uk]
my understanding is that if you go to court and lose then the judgement is automatically a CCJ against you.

I would obviously pay within 28 days which would remove the CCJ from the file. However, there would be a CCJ against me for 28 days. As I want to get a mortgage soon I can't risk a CCJ on file against me, even just for a few weeks. Therefore, although I hate parking fines and think they are a con I think £100+ is a bargain to help get a mortgage.

U0144

Also, does anyone know if I can settle out of court with CEL now? I tried going onto their website to see if it would let me pay and it wouldn't recognise the registration/PCN combination given on the Claim Form.

Can I ring them and pay? If I pay without going to court do I still need to pay the court fee and do I still need to send back the court paperwork?

Umkomaas

You need to see this out; CEL will fold if you put together a robust defence (see post #5 of NEWBIES sticky), also search https://www.pepipoo.com - plenty of CEL cases there.

CEL won't want to expose themselves yet again to a courtroom handing back of their ars*holes in a further failed quasi-legal attempt at intimidation.

Coupon-mad

U0144 wrote: »

I have emailed a complaint to the Co-op, but if they don't reply with good news in a couple of days I think I have no choice but to pay, to avoid a possible CCJ.

They won't reply with any news within a few days and they will only step in to pay this off if your complaint is really strong - in your case you could use the fact you are concerned that the Co-op's agent's actions (you think) could jeopardise your move. You'd need to be really assertive and persistent, not a 'please can you help' email.

So you'll get a reply like the template version here in post #5:

http://forums.pepipoo.com/index.php?showtopic=91756

To which you give them a kick up the backside as I encouraged here:

https://forums.moneysavingexpert.com/discussion/comment/65720488#Comment_65720488

It worked. That was only a month ago, took 3 days once the customer got assertive.

my understanding is that if you go to court and lose then the judgment is automatically a CCJ against you.

That's not right, there is no CCJ entered onto your record at all if you pay when told to, following judgment:

http://forums.pepipoo.com/index.php?showtopic=24362

And I think you've missed the fact that NO-ONE HAS LOST against CEL - YOU WOULD WIN ANYWAY OR THEY WOULD CANCEL. There have been loads of threads like this and CEL are looking for mugs who will just pay because they want it to go away and think they'll just 'get' a CCJ.

Guess what has happened in EVERY case except one that we've seen defended on this forum and on pepipoo.com forum, with our help? CEL have discontinued (thrown in the towel) about a week before any hearing date. Every time except one, and that one case was CEL v McCafferty which CEL tried to appeal and still lost and their charge was declared unrecoverable - which makes it a persuasive decision in the lower courts - i.e. that case forms part of your defence that will win!

That's what post #5 of the NEWBIES thread is all about: small claims defence wording, cases won (McCafferty date/claim number) what happens when, how to fill forms in, when to write to your local Judge to ask if the court will use its discretion to strike the case out due to the McCafferty decision or failing that, for the court to order (easy peasy) the ADR of POPLA appeal instead.

U0144 wrote: »

Also, does anyone know if I can settle out of court with CEL now? I tried going onto their website to see if it would let me pay and it wouldn't recognise the registration/PCN combination given on the Claim Form.

Can I ring them and pay? If I pay without going to court do I still need to pay the court fee and do I still need to send back the court paperwork?

Without wishing to be rude (I am just direct!) you would be MAD to pay.

Redx

U0144 wrote: »

Thanks for the replies. I have emailed a complaint to the Co-op, but if they don't reply with good news in a couple of days I think I have no choice but to pay, to avoid a possible CCJ.

The information given in the thread linked by Redx seems to be wrong
[I'm a newbie so can't post links - please see the CCJ link above]

Looking at the official gov.uk website
[I'm a newbie and can't post links - please google CCJs and your credit rating gov.uk]
my understanding is that if you go to court and lose then the judgement is automatically a CCJ against you.

I would obviously pay within 28 days which would remove the CCJ from the file. However, there would be a CCJ against me for 28 days. As I want to get a mortgage soon I can't risk a CCJ on file against me, even just for a few weeks. Therefore, although I hate parking fines and think they are a con I think £100+ is a bargain to help get a mortgage.

I also read about CCJ`s on here a few days ago and I believe I am correct

https://forums.moneysavingexpert.com/discussion/5006194 posts #24 to #26

pay the judgment within 28 days and no CCJ

so my understanding is that if you lost in court and did not pay the MCOL judgment, the creditor can pay another fee for enforcement by then applying for a CCJ and then using it to take action via bailiffs etc (depending on the size of the debt etc)

so they pay for the MCOL and win

you dont pay the judgment

they apply for and pay for a CCJ

U0144

Coupon-mad wrote: »

That's not right, there is no CCJ entered onto your record at all if you pay when told to, following judgment:

[link removed as I'm a newbie...]

That is a seven year old thread with someone's opinion, that ends with a series of (much more recent) questions. I referred to current, official information on the gov.uk website. Unless you can provide some authoritative evidence to the contrary I believe that losing at court will automatically give a CCJ, albeit only for a few weeks if paid promptly.

This is why I intend to pay if I don't get a nice answer back from Co-op (I did word my messages strongly as suggested).

U0144

In reply to RedX:

Same answer as I just gave to c-m, except you have quoted some current forum opinion. Can you provide an official source for this?