Parking Eye CCJ

S9yko

Can anyone help?
I received a letter from my bank stating they would not be renewing my credit card after reviewing my Experian Credit Rating? When I challeged them they suggested I check my credit file. I did and found a CCJ from Northhampton Court dated 09/14. I rang the court and was told this was a parking charge from February 2014. The vehicle registration they gave me is actually my sons car - registered in my name?? I challenged my son! Yes you guessed he threw all the threats and paperwork away without telling me. I have never owed anyone a penny in my life and have a credit score still of 998- do I apply to the court to have the CCJ set aside based on these grounds. Or do I simply make my son pay and have the judgement satisfied. Advice would be greatly appreciated!

Redx

there are plenty of similar judgements and queries listed on here, so whilst waiting for any definitive answers , read through the previous ones on here

use suitable search words in the forum search box to find the similar parking eye ccj`s , like the title of your thread for example

it would cost £155 I believe to set this aside, needs a legally trained person (or one with good experience) to tell you what will remove this from your credit file

I am sure somebody will answer the questions though (or the answers are in the previous threads on this subject on here or over on pepipoo)

eagertolearn

I am going through the experience of finding a CCJ unexpectedly although I did receive the paperwork but didn't expect them to follow it through. My experience was with Civil Enforcement in a Coop car park.

I paid the £155 to have the judgement set aside which I was successful at this week. It does mean that I am starting the defence process from the start. The judge did say that part of the reason she was setting this aside was that I had acted promptly on finding I had the CCJ. Bear in mind if you do get your son to pay up it will remain on your credit record as "satisfied".

The_Deep

Best to jump through the hoops, after all, you are blameless in this matter so why should you have a black mark on your credit files.

Fergie76

If the car is registered to you, then all paperwork would be in your name, so how did son manage to get all the paper, before you?

Does your son routinely open up your mail?

The_Slithy_Tove

S9yko wrote: »

The vehicle registration they gave me is actually my sons car - registered in my name?? I challenged my son! Yes you guessed he threw all the threats and paperwork away without telling me.

As per what Fergie just said, if the car's in your name, then all the paperwork, including the court papers, would have been addressed to you. In order to get a set-aside, you will need to convince a judge that you received nothing at all regarding this.

Marktheshark

Sounds like you have come unstuck whilst insurance fronting more than anything.
If the car is registered in "your name" any letters and court papers should have come straight to you at your address.

hoohoo

Some useful info
http://www.parking-prankster.com/ccj.html

S9yko

Yes the car is in my name - this is not insurance flouting I own and paid for the vehicle and he is the main driver- yes he got the ticket and ignored it and yes intercepted all the mail! I believe two reminders for the fine, and two letters from the court. He also lives at the same address. I wanted some advice please. I know it's wrong, however there's not a lot I can do for his dishonesty - I just want to clear my name-please only post if you can offer genuine advice.

Marktheshark

General question, Do **** Eye frank letters or use stamps ?

hoohoo

As per the link I posted.
To get the judgment set aside you need two things.
1) A reason why the court mail was not received by you
2) A good chance of overturning the judgment

1) This is because your mail was intercepted. The judge may or may not allow that, but if you drag your son into court as a witness he can be questioned.
2) Given the judge accepts (1), then as your son is the driver parkingeye have no case against you as the registered keeper because they have not delivered the notice to keeper in time.

A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered on the second working day...

You have just proved it was not delivered.

Your other argument is that (a) the charge is not a genuine pre-estimate of loss and (b) parkingeye have no standing to bring the case.

(a) is being put to test in the court of appeal, and therefore is good grounds for a hearing
(b) depends on their contract. if this car park is one of the few of their 800 car parks where they pay £1000 a week, then Beavis applies. Otherwise it doesnt, parkingeye are agents acting for an disclosed but unnamed principal but do not assume the risk, and so as you cannot sue them, they cannot sue you.