CCJ against me for a parking fine I never knew existed

EnigmaPart1

CryingOverSpiltCCJ wrote: »

I find it hard to know what the damage is of having a "satisfied" CCJ on my record - I suspect that's still pretty bad for the 6 years it would be on there. Does it really make a difference to have a note added to it?

For me also, getting the CCJ off my record is the main motivation, I don't know if I have grounds for defending the case (although I might, now that I think of it, but it would be hard to obtain any evidence 6 months later).

So, assuming one can get the CCJs set aside, and then loses the re-hearing - if payment is then made immediately the CCJ doesn't appear on your record?

Anyway, nice to know there are others in the same shoddy boat... good luck to you too :beer:

Who ever suggests that a "note" or otherwise correctly known as a notice of correction will make any difference are misguided

All a notice of correction does is that when applying for credit it takes you out of the Automatic rejection/acceptance (unless your overall score is below the scorecard) and your application is then manually reviewed by an underwriter.

As waste of time with the being a ccj on there

gertysingh

Is it possible to find out when folks have moved out of a property....is there something like a property register? PE is smelling very fishy......COS-CCJ - you will have every chance of winning the re-hearing.....

junglist_matty

gertysingh wrote: »

Is it possible to find out when folks have moved out of a property....is there something like a property register? PE is smelling very fishy......COS-CCJ - you will have every chance of winning the re-hearing.....

I don't know, but I do know they use the three big credit report companies to check on the credit reports of people like me and the OP who don't respond to a parking notice because it gets sent to the wrong address.... Maybe theres some way they can get a notification on the credit report if a new address pops up?

It does seem strange, in my case, I moved house on June 27th of this year. The CCJ was been entered into my report on the 5th August. The court send a claim letter giving you 14 days to respond, which means they must have sent the letter to my old address at the latest on the 22nd July....

I had to update my address with my bank after moving house; which I didn't get a chance to do until 12th July as I had to go into a branch and work mon-fri and the local branch only opens for a few hours on Sat mornings.

Clearly when I updated (or soon after) my address with my bank, they also updated my credit report. This is most likely when ParkingEye found out because the dates would match up perfectly.... They file with the court for an unpaid debt and the court take a few days to process this and send out the letter.

gertysingh

Interesting, so then all they have to do is get people like you flagged on their system and boom....they've screwed you and many others over. So now the question is which regulation/law have they manipulated? I have an idea (although could be wrong but might lead to the correct action) but would probably have to be behind closed doors as these forums are watched and it would be better to smack PE in the head with their activities!

Coupon-mad

CryingOverSpiltCCJ wrote: »

Also, something I was unclear about in relation to setting aside a claim... all the information I've read talks about having another chance to make a defense if the claim is set aside... I don't know where I stand here because I have no idea if I could dispute the original parking fine. My objection here is that the court judgment was made before I even had a chance to pay the fine or knew it existed.

We do, you can but it will involve paperwork and reading on your part. Everything I feel people need to defend a small claim is in post #5 of the 'NEWBIES please read these FAQs first' sticky thread.

Lots of cases are able to be stayed for the outcome of the Court of Appeal decision in ParkingEye v Beavis case at the moment (details on LOTS of other PE small claim threads, it's PE v Beavis at the CoA happening in in Feb 2015, the decision to be handed down in March). The outcome affects lots of cases. But the possibility of a stay is something to ask for at the set aside hearing and then if needed, again pester (politely) your local court for a 'stay' later on after you have reset it back to a defendable stage.

Not all Judges will stay the claim but if you are well informed & point out PE's headline case they intend to rely upon is unsafe and set for the CoA, and also are able to outline your basic defence points (as shown in links in the Newbies thread post #5) then you can claw this back. As can other posters in the same boat. If you win in the end you can ask for your costs which would then include the set aside. Seems to me PE have been demonstrably unreasonable, in that they can clearly get new address details by using tracing services so why in your case did they not take that reasonable step before they proceeded to court? It's not a 'defence' point BTW, this is a final point to show why you would argue you should be able to claim your £155 set aside fee, as well as other expenses, under these circumstances.

Your priorities are (once you've put the set aside in motion) to read up on the Beavis case, note the case number at the CoA which is 20142010, and learn from our threads how people do successfully defend a PE claim or get it stayed.