CCJ against my name re : Parking Eye from 2 yrs ago !

enfield_freddy

I,m sorry , I don,t know the answer , I have read that you can apply to the court for a set aside , but you have to do it within so many days of finding out , if you are on wages it will cost you about £150 , but reductions for low wages/benefits etc


someone might be able to answer better than me , how to legally see sight of the CCJ to check the address.


you should have received at least 3 letters to your house


letter before court action , summons from the court and a result from the court


seems strange that all 3 did not arrive


almost as if they were (accidentally on ,,,,,,) sent to the wrong address.


noodle , the free credit check will show this ccj , along with its reference number , not sure but maybe the local court could dig it out for you

Redx

pols090607 wrote: »

No. also I was not even driving the vehicle at the time, it was my wife as she was celebrating her birthday at the restaurant.

but due to POFA 2012 you are deemed liable under the act, subject to a court of law saying so

too many people try to use this as a get out of jail free argument, sorry but it wont wash , as some people who have actually been to court found out to their cost

you are RK, you can be held responsible, providing POFA 2012 conditions are met

get the case number and court details and find out what you dont know, find out why no paperwork arrived at the house the car was registered to when the other paperwork did (assuming it did, as there would have been a lot of it from PE , DRP and the court papers from Northampton)

arabesque_101

pols090607 wrote: »

What do I need to do now.

Firstly, if it's less than 28 days since the judgement was made, then you can just pay the amount of the judgement and the ccj disappears forever. However if the 28 days have past then you have the option of either just paying out the amount of the CCJ (and hoping this improves your credit rating enough to get your application for credit approved) or alternatively proceeding as below to try to remove the CCJ:

1. To remove your CCJ, you need to apply to the courts to have the CCJ set aside. Given you have just found out about the CCJ who should be able to achieve this. This will cost you about £150. This will be a court case in its own right, when you argue in court that you didn't know about any County Court Claim and you ask the court to have the judgement set aside. If the court believes you, the court makes an order that the CCJ is stripped from your name. Note, the letters from Debt Recovery Plus is not a count court claim. A county court claim is an official court document telling you that you must got to court. If you have no recollection of receiving a county claim, then you can say that in court as your reason for having the CCJ set aside. Getting it set aside doesn't happen automatically, but if you are able to swear you never received the county court claim, and you can show you have some chance of defeating the claim at a re-hearing, then you have a good chance of succeeding in getting it set aside.

2. Once set aside, you pay Parking Eye the amount they are claiming and the matter is over. Or alternatively, you can try instead to name the driver. If you get away with naming the driver then Parking Eye have to pursue the driver for just the amount of the original PCN and they can't pursue the extra costs.

Captain_Leaky

Or - Do you really need that new credit card? You could of course, just sit back and leave everything alone. Your credit rating isn't a life or death thing is it? And just think of the money you'll save - Nothing to PE Nothing to the courts No credit card interest on your purchases. I'm not 100% sure on this one, but don't CCJs extinguish after 6 years? A bit like the old 'endorsements' did on your driving licence?

bod1467

Captain_Leaky wrote: »

but don't CCJs extinguish after 6 years? A bit like the old 'endorsements' did on your driving licence?

Yes. They stay on the register for 6 years. Even if you eventually pay the CCJ it still stays there but is marked as Satisfied.

If you do't pay the CCJ then the claimant (PE in this case) needs to take steps to recover the judgment ... engaging DR+ does not count - they have no power; it would need to be a bailiff or high court enforcement officer to have any legal power to recover it. (Which would add to costs, which would be added to the amount claimed).

Coupon-mad

Why not just read the Parking Prankster's guide to getting a PE CCJ set aside?

pols090607

Thank you for all of the advice.

I have today visited the restaurant who are going to look into their documentation sent to parking eye (the date they rang to cancel the parking charges made) however I'm not 100% hopeful as they inform me they've a huge box from the last couple of years with hundreds of letters their customers received from parking eye. However, if by chance my car reg is there from April 2013 then that's a bit more evidence to appeal with.

I could leave the CCJ on my file, I don't need the credit card desperately, it was just to hire a car whilst overseas next month as the car hire company won't take a debit card.

It's more that I'm so annoyed that this is the first I have heard of this CCJ almost 2 years after the parking charge, I feel as though I don't want to let them get away with it.

Lesson learned here big time !!