I have a CCJ - what do I do?

eagertolearn

So it looks like I'm stuffed. I'll see what my friend says. I don't need credit but when I looked at my credit rating (https://www.noddle.co.uk - free to check your own) I was surprised at how many checks had been done against me (e.g. for car insurance even though I pay it in one go). My credit rating is 1 despite the only loan I have ever had is a mortgage (now paid off), never defaulted on a utility or paid interest on a credit card and being in the top 1% of earners (allegedly).

Coupon-mad

You are not stuffed IMHO. And it IS relevant that you were not the driver if you can get this set aside and back to the hearing. You would win if you can get the right evidence to a hearing. and the Judge listens.

If you got a CCJ and never received the paperwork you can get it set aside; people apply to set aside CEL and Parking Eye claims every week (we see the court lists and that is the case, there are a few tomorrow in various courts for example). Costs £155 but that can be reclaimed from CEL when you get it to a hearing after all. Failing that, it's a cheaper outlay - but would not remove the CCJ - to sue the Co-op (I am not joking, their legal Dept are like cats on a hot tin roof about this latest load of court claims by their ex-PPC rogue firm). I think the Co-op would settle.

You could do both. Co-op's agent has caused this grief, so you can argue the Co-op are liable. I would rather pay £155 to get the claim set aside then defend it and win (and have ready a list of costs including the £155, to claim from CEL, plus other expenses - and the CCJ would be removed as the judgment would be set aside = removed) than pay £215 which does NOT remove the CCJ, just shows it as 'satisfied' but on your record for years. And that would mean paying CEL which isn't good.

CEL don't even have a compliant 'Notice to Keeper' document to win against a registered keeper anyway so I hope you didn't actually ignore court papers that are the easiest to defend. We help people all the time and CEL never turn up but they like to get default judgments from people like you.

esmerobbo wrote: »

Obtaining a set aside after ignoring a claim may be difficult.

I understand that one of the reasons to get a judgment set aside is that you 'have reasonable prospects of successfully defending the matter at a hearing' - I would also be surprised if 'I am not the liable party and this case should never have been brought against me; I only just realised I had a CCJ this month' wouldn't be heard by a Judge either but that's just my opinion. You certainly would, as a keeper who was not driving, be able to insist you are not liable so the default judgment should be set aside. Basically this OP was the wrong party and always was, with CEL who do not use the right document wording to invoke POFA 2012. They cannot claim keeper liability, you would have won and IMHO should try for a set aside. I think he can apply even if he got Court papers just by paying for the SAJ hearing and explaining the position with a decent set of evidence to show why CEL should never have been able to pursue him = wrong defendant.

It's worth exploring seeing as paying £215 doesn't resolve the issue except to get the CCJ marked as satisfied.

The faults with CEL's NTK are as shown in full in the 'How to win at POPLA' link in post #3 of the Newbies thread, in the CEL POPLA argument example. Their NTK letters NEVER have the right words to fulfil paragraph 9 of schedule 4 of the POFA so they could only ever pursue the driver. You were not the driver.

There is also a persuasive case (Appeal case which is above the level of County court) linked in the successful 'Court cases won by defendants' link in post #5 of the Newbies thread. Civil Enforcement v McCafferty is your case to cite, again that would have been part of your defence to stuff this into touch. Loads and loads of people on this forum and on pepipoo are defending and beating CEL every time into dropping the claim/not appearing. Sadly this would have been a cinch to defend if only you'd asked earlier. Now it's harder for you.

I am not saying this will be dead easy but if you can get yourself a set aside hearing we can help you with the arguments to bring to the table.

eagertolearn

Thanks very much for the detailed explanation. I received a "Claim Form" from Northampton County Court but with all the talk of "empty threats" and the fact it didn't look real I thought it was just a bluff.

Anyway, I will try the set aside process and found the instructions here
https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

Coupon-mad

Make sure you are prepared with the usual defence arguments if you get it set aside and have to then submit your defence for a hearing. You will find info in post#5 of the top sticky thread for Newbies and loads of discussion on all the Co-op threads on here and on pepipoo forum. Main defence points are as I said before (no keeper liability established under POFA 2012 so the claim should be struck out), and the charge is a penalty and not a GPEOL (see the top thread for acronyms explained). And main exhibit would be a copy of CEL v McCafferty from the same thread post #5 because it's an Appeal decision = persuasive.

This would have been a cinch to win especially as CEL never turn up for hearings that have a decent defence submitted - but you can get there and can reclaim the £155 and your other expenses when CEL don't turn up. So keep receipts & records of your costs and an ongoing list ready for any hearing.

eagertolearn

I had my day in court today. Unsurprisingly CEL didn't turn up and the judge awarded in my favour to have the CCJ set aside as I had a "good defence". I am therefore now back at square one and have just submitted my defence statement. I guess I just wait to hear now. Thanks for all your advice

Half_way

If this was the Co-op..

Although the Co-op will probably be unhelpful, you should get in touch with them as soon as possible, and let them know that you will be looking to recover your costs from them.
The Co-op may have fallen out with CEL, but in short they should never have got into bed with them in the first place and in my opinion the Co-op should stump up the cash and refund you your costs, and refund anyone else who paid CEL while the Co-op allowed them to operate on their land.
It could even be argued that as the Co-op have fallen out with CEL the Co-op knows there are / were serious issues with the practices of its former agents, and this could ( and should ) be used against the Co-op to claim back any costs/fees.

Another point is that theres been a little bit of publicity at the moment on various media outlets showing the private parking company's and their apologists for what they really are - scum.
However the real villains in all of this are the big corporations and companies who should know better and if you get the chance aim as much bad publicity as possible against the Co-op they are just as bad if not worse than the PPCs.
The same goes for when someone get a ticket from parking eye at Morrison's/Aldi/where ever if it is a coroprate entity then aim all the publicity directly at them. Make it known that in most cases the parking companies are nothing but agents acting for and on behalf of the car park owner and as such the retailer/car park owners are responsible.

junglist_matty

Quick question on this matter.... Now that OP has the case set aside and has a hearing to defend the original ticket what happens:

1. If he looses?

2. If he wins?


? Thanks in advance... I'm in the same position at the moment and wandering what will actually happen if my case did get set aside.... Basically I just want the CCJ off my record.

MothballsWallet

Wait a second, I just noticed this from the quote in post #3:

"They have assigned 87.5% to this organisation and say "..we have instructed Debt Enforcement & Action Limited to recover this remaining amount on our behalf". How they are going to do that ?"

I thought that you can't assign part of a debt - it's all or nothing? Or I am being a dolt?