Received a CCJ from Civil Enforcement Please help

Cheshire_lady

Hello

I received a letter later 2016 from Civil enforcement to state I had overparked in one of there carparks by 38 minutes. I wrote to explain we had taken my uncle for at Nanado's he is 85 years of age. He has to walk with a stick, eats very slowly, we had to drop him off out side Nando's then go and park the car, Come back to him. We only talk him out once a week so we always make sure we spend quality time with him. We had been working away for a week, Picked him up on our journey home took hime for tea then back again. I would of been happy to pay for the 38 minutes overstayed, this was not given as an option. We had a disabled pass in the car.

Their response was the disabled pass is only valid for 3 hours therefore we are still liable. A friend of mine told me to do some research as he was sure the ticket was not enforceable. Having researched this website, may of you say ignore it. So I have. I work away often, never open the post as everything I receive is usually spam post, all my bills are on direct debit. I have just got home from a working holiday to find I have a CCJ issued from County Court Business Centre on behalf Civil Enforcement Ltd for £247.90 plus £97.00 Court fees total £344.90. I now have the option to Set aside the order how do I do this please. I need help urgently as I told my husband not to pay the fine as per information I had read on here. He's going to go bonkers as the CCJ is in his name! All useful information would so gratefully be appreciated.

waamo

you say ignore it

not since 2012 when the law changed! You read old, outdated advice.

Did you recieve court papers and ignore those too?

Cheshire_lady

Unfortunately with working away I hadn't seen any papers I have opened all 3 letters today one issued court summons one from Civil enforcement and one saying the CCJ has been accepted.

Quentin

If the ccj is in your husbands name then he must deal with it, and all previous court correspondence will have been addressed to him. (ie you cannot apply for a set aside in your name if the ccj is against your husband!)

waamo

Cheshire_lady wrote: »

Unfortunately with working away I hadn't seen any papers I have opened all 3 letters today one issued court summons one from Civil enforcement and one saying the CCJ has been accepted.

Does one say "Judgement in default"?

Cheshire_lady

No I wasn't going to, I just need to know what to say to have it set aside if possible then tell the husband I will have to tell him, I can't leave. I just need something to give him to respond with as he will not be happy as he wanted to pay in the first place at £60. I told him not to with what I had read on the forums.

waamo

If it is a default judgement then I fear you face an uphill struggle. You need to show good grounds to have it set aside such as not recieving papers.

Ignoring court papers is not grounds for a set aside. It is highly unlikely a set aside would be granted for that reason. Similarly whilst you were away it sounds like your husband was not. The papers would have been addressed to him and he should have dealt with it.

So far none of the information you've provided so far gives any grounds for a set aside.

Is there a reason your husband couldn't deal with it such as a disability that prevented him?

Cheshire_lady

Sorry I will explain better both my husband and I travel for our business, this month we have been in Ireland, Malta, Netherlands and around the UK. yes we are in the wrong for not opening our post. We travel Mondays to Fridays home late on a Friday exhausted. We generally open post on an irregular basis as its usually bank statements, credit card statements, utility bills etc. We have everything on line. I was not going to use the excuse we were away I was wanted to ask the them to set it aside due to us having a disable person in the car. We were only 38 minutes late. In fairness we usually use the disable bay when we have wholly with us. On this particular night all bays were in use. Also because my husband had dropped me and Wally off outside the restaurant he just parked in a normal space with the disabled card on show. Like I said if I have to pay for 39 minutes then so be it. To have to pay for 3 hours we were entitled to free is unfair. Civil enforcement were rude when I told them this. Basically hard luck, over time you pay. Because I was cross at their attitude my friend advised to look on line, where I read to ignore them. What can I do nothing or shall we just pay?

Quentin

You need to readup on set aside. You misunderstand how this works!


Your husband must apply. He needs to explain why the court docs were ignored AND give an outline of how he would defend the original claim.


(What is the date of the CCJ - an option could be to pay it off if it's less than a month old)

waamo

What is the date of the CCJ - an option could be to pay it off if it's less than a month old

Indeed that may be the most practical solution. I'm struggling to see any valid grounds to get this set aside.

Cheshire_lady

The CCJ was issued 18/7/17