CCJ from Carpark in Manchester

unluck1

So today I was struck with a bit of bad news and I'm hoping someone could shed some light on the situation.

I was issued a parking ticket a couple of months ago in Manchester City Centre for being slightly outside of a bay in my work place car park. I followed all the appropriate procedures in disputing and appealing the fine but had no movement on the situation from CPMS.

Come May, I moved to my new home. I then logged in to my Nodle to track my score and noticed my credit score had dropped massively. Looking further into it I noticed a CCJ on my account. I instantly called the court that issued it, and they had advised me on who was seeking it and that the time to pay it is now over 28 days so it would only be marked as satisfied if I do pay it.
I then explained that I moved out when the correspondence was sent and the advisor mentioned that I should contact MIL Collections Ltd to look at my options as they are the ones seeking it.

I called MIL and mentioned about moving and not receiving correspondence. First thing they said is that there are Bailiffs trying to pursue you now and the bill stands at over £300 and so in panic I paid this off.

I then asked if this would be removed from my record and the guy on the phone had said we can but it will cost another £155 to start the "Satisfaction Process".

This is what confused me, I can't count how many times I mentioned it on the phone to him "will this be removed from my record?" and he kept replying with "It will be as if it wasn't there."

The issue is, he didn't use words like they would apply to the courts with "Consent order" or try to "Set aside" - Satisfied to me sounds like he will apply to have the debt marked as satisfied but it will remain. But if this is the case why would I have paid £155. He reassured me several times they would "sort it".

What I'm worried about is on other forums they said I should have paid MIL off and applied for to the courts separately and paid £255 and MIL would have not pursued me because they would be not debt to pursue. But for the sake of £100 I feel I may have made a mistake in giving him the extra £155 for them to sort, because what if they actually don't remove it and tell the agency's "He has paid, it but it will remain on file"

So I'm waiting to hear back from MIL's legal team and hoping they can get this removed. Anyone else had a similar situation? or can shed some light

What a mistake I truly regret

bod1467

You've been mugged ... £300 was just a made up number; all you owed was the actual amount of the judgment. MIL will do nothing with respect to your credit file other than to mark the debt as having been paid ... the CCJ will remain on your file but will merely be marked Satisfied.

If you want it removed then YOU will need to apply for a set aside.

I'd also be causing merry hell at work about this ... IF your employer has any authority here (e.g. they engaged CPMS). If they are merely tenants at a site then the land owners or managing agents may have engaged CPMS.

Redx

I doubt this was a parking ticket from a couple of months ago , this would have been a few years ago , sold by CPMS to MIL and then MIL have managed to get a default judgment despite not being the PPC

plenty of info on MIL on here and on pepipoo

its £255 for a set aside, then you have to satisfy the court a set aside is valid

if you have paid the CCJ, it will be deemed as "satisfied" but will remain on file for several years

its certainly a dogs breakfast

ps:- despite you posting in a parking forum, this is no longer about parking

its about legal issues and CCJ,s, which could have arisen from a bill from a plumber !

System

Pay the £255 to get it set-aside. A set-aside doesn't cancel a claim it just puts it one side so you can then file a defence. About 1 in 20 parking cases are set-asides.

What you need for this is an explanation of why you did not reply to the court (did you move house?) and why you think you'd win (plenty on that score).

So the key question is why did you miss the court papers in the first place.

unluck1

Thanks for your reply IamEmanresu, I will await MIL see what they say, if not I will have to pay it to be set aside. I did move house and all correspondence went to the old place.

bod1467 Aware now, but nothing more I can do. They have my money and my aim now just to remove the CCJ somehow.

Redx

I doubt that MIL have a "legal team" , just a bunch of shysters

check the parking pranksters recent blogs about the fools at MIL

non-existent personnel , never attend court , break down a lot so must be running that old 3 wheeler del boy had

System

They have my money ...

That's a shame. No point in paying for a set-aside now as MIL will simply keep the cash and tell the court you paid.

...my aim now just to remove the CCJ somehow.

It won't be removed as you paid. It will be marked as "satisfied" and sit on your record for 6 years.

unluck1

Thanks for the info,

Paid it, asked them to set it aside. They agreed. They said it will take a couple of days, so I guess that's my only hope.

If it's not updated by the end of the week I'll have to apply to the courts separately disputing I never received the documents due to a house move and assume MIL wont respond due to the fact they got what they want.

6 years from now just need to keep my head up and save some money, its going to long one!

As I'm all out of luck by the sounds of it.

pappa_golf

time limit apply on set aside , act now

Coupon-mad

unluck1 wrote: »

Thanks for the info,

Paid it, asked them to set it aside. They agreed. They said it will take a couple of days, so I guess that's my only hope.

If it's not updated by the end of the week I'll have to apply to the courts separately disputing I never received the documents due to a house move and assume MIL wont respond due to the fact they got what they want.

6 years from now just need to keep my head up and save some money, its going to long one!

As I'm all out of luck by the sounds of it.

I think complain to the CSA and FCA:

http://parking-prankster.blogspot.co.uk/

If the judgment was not £300 and no bailiffs had called then you had no reason to pay £300. They have mugged you twice, once with the CCJ then by lying about the sum to 'settle it' plus that extra £155 they lied about.

Put in formal complaints about what they have just done. The Prankster gives links to both Codes of Practice. MIL were also not the parking company at all and would have had no real assignment of this debt anyway. You would have very likely been able to set this aside and defend it because they had no contract with you and sent the court papers to another address.

We so wish you had not paid £300. You should have paid £255 to get it set aside, should have come off the phone and thought about it/Googled it first and asked here first. We know all about MIL and have an expert poster, in HO87, who could have advised you further.

But formal complaints may just force some action - read the two CoPs and pick out where MIL have failed and lied and misled you. Cite the exact breaches to both organisations and recount what you just told us. MIL need reporting.

System

Drop me a PM on this as there may be a way around this.