UK Car Park Management ignoring invoice rejection

c1223

Thanks for the help everyone. I'm going to have to pay these criminals. I cannot risk the possibility of a CCJ (albeit "satisfied") on my credit report for the next 6 years as during that time I'll be hoping to apply for a mortgage. So annoying that the court has completely screwed up here, and the process for fixing their mistake is risky (and potentially costly) for me (even if the probability of it being fixed is close to 100%).

nosferatu1001

You just pay up and still,apply for a set aside. Been told that.

c1223

Will do that nosferatu1001.

Does anyone have access to "Thomson Reuters - Practical Law" website. The following two entries seem to be of interest, but I cannot access.

Can a default judgment be set aside after it has been satisfied?

A defendant applied to set aside default judgment after enforcement began, but then paid the bailiff ("to protect their position"). Can the defendant still pursue the set aside application and reclaim the monies paid?

nosferatu1001

You can pay and still apply for a set aside
Tick, tick

I'd show us your draft order, ws etc. Now.

KeithP

Look at this post for a sample Draft Order:

forums.moneysavingexpert.com/showpost.php?p=74474585&postcount=9

[Deleted User]

In short, plc says there is no authority to say you can't, but:

1 you still need to act promptly
2. You could argue it's like an appeal, where you had to pay
3. C could argue prejudiced "two bites of cherry" funds now being used etc.

I'd have applied to set aside and stay the registration of the CCJ and enforcement pending the hearing (as I've said). The longer you ponder this, the more delay and less prospect of set aside. Or you just pay it...

nosferatu1001

Indeed, theres a lot of prevarication here
The ONLY certain solution is to pay up
But a set aside has a damned good chance of succeeding. IF you get going quickly.

c1223

Thanks all. The information has been invaluable, but I don't feel I have the legal prowess (or the time to do enough research to become fully informed/prepare all the necessary documents) to continue this case. If I had the money, I would employ a solicitor to do this all for me.

I shall be filing a complaint through Resolver in hope that people aren't put in this situation in the future.

[Deleted User]

If I had the money, I would employ a solicitor to do this all for me.

But if I was providing legal advice - which I don't do on this forum - I'd probably say "principles cost money" (it's a trite phrase, but you'd be unlikely to recover the fees - legal fees not court fees). You'd probably be told paying would be cheaper.

The only way to fight and keep costs down is to do the work yourself....

beamerguy

c1223 wrote: »

Thanks all. The information has been invaluable, but I don't feel I have the legal prowess (or the time to do enough research to become fully informed/prepare all the necessary documents) to continue this case. If I had the money, I would employ a solicitor to do this all for me.

I shall be filing a complaint through Resolver in hope that people aren't put in this situation in the future.

You don't need a solicitor, people like Johnersh gives
sound advice and that is why the dodgy legals lose
and they are supposed to be solicitors even though they
are of the mickey mouse variety