CEL Civil Enforcement Ltd parking fine, CCJ papers received.

b1g1ad

I'm brand new to forums so not too clued up what I'm actually doing so please bear with me.
Any sound advice appreciated..........
My wife received a charge through the post for overstaying in a free to park CEL carpark. We chose to ignore the letters as advised or different websites and forums and the last letter looked like a photocopy CCJ letter without any court stamps and we passed it off as scare mongering from CEL.
Today we received another photocopy of a CCJ default judgement against my wife but this one had a stamp seal from the court on it. I phoned the number on the paperwork and asked if this was actually i "real" CCJ??
I was informed it WAS and judgement had been passed in default!!
After speaking with the courts by phone i was advised that i can submit a N244 application form to have the default judgement "set aside" and then i may have the opportunity to allow us to have our say and submit our defence and try to get rid of CEL's ridiculous £130 charges for over staying in a free car park.
Trouble is we don't really have much of a defence as we did overstay, due to car issues (typical Renault) and was wondering if its worth fighting these horrendous charges now? is there a chance that we could lose if we chose to submit our defence and challenge their extortionate charges in court? or are we better to get rid of this CCJ by paying the judgement figure which now stands at a whopping £237.00 which i really don't want to pay if theres any other option?
Most places i read that these charges are un-enforceable should it go to court as there was no loss to the company issuing them due to car park being free but i was also advised to ignore their threatening letters too??:(

thanks in advance for any sound advice!

Marktheshark

You say the court papers had NO STAMP !
Do you still have them.

b1g1ad

no i actually binned them, they were photocopied and i honestly thought they were CEL letters send to scare monger us into paying. i mentioned to lady from court today about them and she said i should mention that in my defence should it go before a judge if i was to fight the CCJ.
She also advised me to act fast and submit the N244 if i wish to contest the CCJ as CEL may chose to enforce the CCJ in the very near future?

Umkomaas

@b1g1ad - please don't multi-post. Start a new thread if you want any more info than that given on the other thread you jumped in on.

b1g1ad

sorry i'll delete the post on the other thread, only posted on there as original person seemed to be having similar issues and was getting so sound advice.

Marktheshark

Throwing the court papers in the bin looks like your downfall unfortunately.
You live and learn as they say.

b1g1ad

thanks for your reply......looks like an expensive parking lesson? do u advise to pay and move on?
if we pay the CCJ does that eliminate it, will it be removed from the judgment register as the paperwork I've received states all monies must be paid direct to the claimant so how do the courts know if its settled and paid or not?

Marktheshark

No, I would say an expensive lesson in ignoring letters from courts.

Redx

I believe its still left on file but shows as "settled"

see here for similar details

https://forums.moneysavingexpert.com/discussion/5094255

bod1467

Where are you time-wise in respect of the default judgement? Is it within 28 days? If yes then you can still pay it and no CCJ will be registered.

If no then you pay it and it will appear as Satisfied on your (her?) credit record.

Coupon-mad

b1g1ad wrote: »

thanks for your reply......looks like an expensive parking lesson? do u advise to pay and move on?
if we pay the CCJ does that eliminate it, will it be removed from the judgment register as the paperwork I've received states all monies must be paid direct to the claimant so how do the courts know if its settled and paid or not?

Why don't you pay £155 to the court to apply to get it set aside, then it can be defended (as you should have done, and it's fairly easy v CEL as they are hopeless). And they won't turn up to a hearing but you MUST turn up even if they phone you up and lie about the hearing being cancelled (see the Parking Prankster's blog). People are applying for SAJs every day against CEL and PE when they find out they have a CCJ, we know because some of us look at the daily UK Court listings re PPCs.

Read the Parking Prankster's blog about setting aside a CCJ from a PPC. I would NOT say to pay CEL, why would you? Don't compound your error in binning court papers, by actually paying them!