Ccj

enook77

Hello all,

History - I ended up with a CCJ from Parking Eye in Feb 2014 for overstaying a 2 hour time limit in a free car park. The amount with costs was for £145. Bad advice, missing paperwork, etc. resulted in this situation.

The CCJ was satisfied in August 2014 when I found out it had been issued on my credit report.

I currently have access to credit via credit cards that were obtained before the CCJ was issued but I haven't applied for any new credit post CCJ (this is the only negative (a big one I know) on my credit files). I am far too worried I will be turned down and I have managed for nearly 2 years already.

I have been saving for a deposit for a house and have read that some mortgage companies will consider a CCJ that is 3 years old and of a low value. I can wait another year or so but I would have to wait just over 4 years for it to drop off completely and I will be nearly forty by then...honestly it couldn't of happened at a worst point in my life.

I have read that people has obtained 'consent orders' from Parking Eye directly and overturned the CCJ due to incorrect addresses etc. Has anyone had any experience of this?

Any help or advice would be much appreciated.

Thanks.

enook

DandelionPatrol

What you are looking for is a 'set aside' order. You can apply to have the judgement set aside, if for example, the paper work was sent to the wrong address.

However, if the paperwork was served on you and you did not defend, your chances of this are very slim.

Did you receive court papers?
If you did, did you defend?
If you did not, why not?

enook77

Yeah I got some threatening letters from Parking Eye and the only correspondence I got from the court was the final letter saying I had one month to pay but I was away on holiday at the time and when I got back I put this letter to one side as it looked like another joke letter from Parking Eye.

I didn't receive the paperwork to defend the claim.

None of these letters are sent as "signed for" or "recorded delivery".

Can you help with any of the other points I raised?

Thrugelmir

enook77 wrote: »

None of these letters are sent as "signed for" or "recorded delivery".

They don't need to be. People simply refuse to accept signed for correspondence. So delivery to the address is all that's required.

Sounds as if you overlooked the important correspondence you received. Letters threatening legal action should never be treated as a joke if one is aware of a debt.

enook77

Yeah I totally understand your point.

I have learned the lesson the hard way, a fine for overstaying a free car park by 10 minutes compared to ignoring bills for good/services received is slightly different.

enook77

So can anyone else help with my other points raised?

fruitisbad

You may be able to apply for a set aside. ~Not sure I can post links yet but google Set aside CCJ.

"When will the court agree to set aside a judgment?
The county court rules set out when you can apply to set aside a judgment. For example:

an order was made against you in your absence, in certain circumstances;
there may be an error in the judgment;
you want to put in a defence and did not have the opportunity to do this;
the proceedings did not follow the court rules."

If you can argue that you would have defended yourself had you been aware you can ask for another day in court.

As for having your day in court there's loads of info on how parking fines by anyone other than a local council are unenforceable. Again google something like 'defend parking eye fine' there's forums dedicated to it and the people there treat it like a sport