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CCJ On Report - Do I have a case?

Hi all,

I've just got my credit report to check why my interest rates were high and I have an outstanding CCJ on there I didn't know anything about.

The story is I moved house and while settling in I tried to find a gym in the area and went to check one out. The carpark was secured with cameras but it was a carpark specifically for gym members so I parked there, when I got in the building I asked the customer rep and she said it was fine to park there.

After showing me around I found it wasn't for me and declined to join and thought nothing of it. Anyway it turns out they decided to fine me £150 for parking there 10 mins while in the gym. I hadn't swapped over my details with the DVLA yet so the mail was going to my old address which I never got.

This was about 30 months ago now.

I absolutely resent paying this ridiculous sum and would prefer to appeal to the court. This will come with a cost and I was just curious as to whether you thought I have a case or not.

Many thanks.

Comments

  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi there,

    It is difficult to say whether or not you have a case because this is normally something you would need to check with someone who is legally trained (can you dispute the money owed on a point of law). I can tell you that the process to challenge a CCJ at this point would be a Set Aside application, this is done on an N244 and can cost up to £155 (plus costs for any legal advice). If you file this application and lose there is a chance the debt could increase through legal costs of the other side. However, if you are successful the CCJ would be removed from your credit file.

    Laura
    @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    FixingIt wrote: »
    Hi all,

    I've just got my credit report to check why my interest rates were high and I have an outstanding CCJ on there I didn't know anything about.

    The story is I moved house and while settling in I tried to find a gym in the area and went to check one out. The carpark was secured with cameras but it was a carpark specifically for gym members so I parked there, when I got in the building I asked the customer rep and she said it was fine to park there.

    After showing me around I found it wasn't for me and declined to join and thought nothing of it. Anyway it turns out they decided to fine me £150 for parking there 10 mins while in the gym. I hadn't swapped over my details with the DVLA yet so the mail was going to my old address which I never got.

    This was about 30 months ago now.

    I absolutely resent paying this ridiculous sum and would prefer to appeal to the court. This will come with a cost and I was just curious as to whether you thought I have a case or not.

    Many thanks.


    this question might be better asking on the motoring/parking fines forum , if your case involved Parking eye , the website run by the parking prankster gives full instructions on how to act , inc form numbers etc , even if not parking eye , this might still help,


    parking pranksters link: http://www.parking-prankster.com/ccj.html


    hope this helps you
  • bengal-stripe
    bengal-stripe Posts: 3,353 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    FixingIt wrote: »
    This was about 30 months ago now.

    But in those 2 1/2 years, you would have had numerous correspondence from debt collectors, solicitors and the courts.
  • FixingIt
    FixingIt Posts: 22 Forumite
    But in those 2 1/2 years, you would have had numerous correspondence from debt collectors, solicitors and the courts.

    Maybe I did but wasn't aware due to my car being registered at my old address as I was in the process of moving.
  • FixingIt
    FixingIt Posts: 22 Forumite
    I want to file a N244 form to the court but the cost, risk and circumstances are putting me off and I don't know if worth just paying and dealing with it on my record.

    I have a good report apart from this with a score of 840 so 40 points off a Good rating.

    Will a satisfied CCJ make much difference rather than an unpaid one? Either way I'm not sure leaving it unpaid is an option.
  • Nasqueron
    Nasqueron Posts: 9,997 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    FixingIt wrote: »
    I want to file a N244 form to the court but the cost, risk and circumstances are putting me off and I don't know if worth just paying and dealing with it on my record.

    I have a good report apart from this with a score of 840 so 40 points off a Good rating.

    Will a satisfied CCJ make much difference rather than an unpaid one? Either way I'm not sure leaving it unpaid is an option.

    The "score" is meaningless, nobody sees it by you and it is NEVER used in any judgement as to whether you get credit.

    Satisfied will always look better but a CCJ is likely to be automatic rejection for most, if not all, applications where it's just a machine making a decision.

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • FixingIt
    FixingIt Posts: 22 Forumite
    Nasqueron wrote: »
    The "score" is meaningless, nobody sees it by you and it is NEVER used in any judgement as to whether you get credit.

    Satisfied will always look better but a CCJ is likely to be automatic rejection for most, if not all, applications where it's just a machine making a decision.

    Ouch. Given that its either give up credit for 4.5 years (assuming its from judgement date not 'satisfied' date) or an expensive court battle. :(
  • Nasqueron
    Nasqueron Posts: 9,997 Forumite
    Tenth Anniversary 1,000 Posts Photogenic Name Dropper
    TBH I would be fighting this tooth and nail, how can a gym (they employed the parking firm so it's their lookout) nail a potential customer for a parking fine - how else could the customer visit the gym to tour it and think about it.

    Write to the gym complaining, put it on FB and twitter to embarrass them
    After that it'll be a matter of fighting the parking firm and getting the CCJ removed but at least you can try - better than 4 1/2 years of being screwed

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

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