CCJ who do i pay?

jamiegray47

Hi, i have just set up a clearscore account after being happy with noddle for some time but someone recommended to try it.

it turns out that clearscore displays a CCJ which i want aware of through using Noddle.

i was not aware of any pending ccj and this is the first ive heard of it.

i do believe that this is to do with a parking fine which should have been written off as I was an employee of the company whose car park it was. however since then i have moved house sold the car and changed employer, this is the reason i was unaware of a pending CCJ.

my problem now is that i have no idea who, how or when to pay this too and if i can get the case reheard as it wasnt possible for me to defend myself.

any advice is appreciated.

National_Debtline

Hi Jamiegray,


Unfortunately, court papers only have to be sent to the last known UK address, so if you had moved, that could be why you missed the original court papers.


If you choose to pay this then please be aware that is normally classed as an admission of the debt, so you can't then try and set it aside. If you pay it then the CCJ will show on your file for 6 years from the date of judgement (as satisfied as opposed to defaulted). The only way to have it removed is to pay it in full, within 1 month of the judgement date, or to successfully set it aside.


A set aside is an application that takes the judgement back to the beginning. The court will normally consider how long has it taken you to apply for this (were you prompt), why didn't reply to the original court forms, and do you have a realistic prospect of a defence. It is recommendable to get legal advice on any defence and the more paperwork you have, the better. What is a bit unclear from your post is whether you received written confirmation that the ticket was written off or successfully appealed?


Please also be aware a set aside application can cost up to £255 to submit and if you are unsuccessful the debt can increase through legal costs of the other side. This is why it is recommendable to take some legal advice before filing the application. Best of luck,


Laura
@natdebtline

jamiegray47

Thanks for the info,

to clear up there is nothing written as i told the employer who then "sorted it", as mentioned since then the car has been sold the employer has changed and the address has moved.

also the debt is only £298 total so not comes the decision do i pay the £225 to attempt to set aside and remove or just pay off asap?

As mentioned the defence i have is that my employer rented a car park which was only for employees. i have my wage slips as proof i was an employee but thats it.

waamo

Have a read of this post from the Parking board.

http://forums.moneysavingexpert.com/showpost.php?p=64350577&postcount=2

A section on set asides is near the end.

National_Debtline

Hello again,


I appreciate there is an element of risk with a set aside application, especially as the CCJ is only for £298. However, you do need to consider your options carefully. If you pay it then it will show for 6 years from the date of judgement. If you dispute it, how would you do this, how long would it take and how much could it potentially cost you?


With a dispute you have to get legal advice about what evidence the court may require to show your employer 'dealt with it'. Would the court ask you to show what the terms and conditions of the car park were and that you complied with them as an employee? Did you require a permit or pass? Or could you approach this with a letter from your old employer instead?


I hope you get it all sorted.


Laura
@natdebtline

sheff6107

It would be madness to pay it if you can get it set aside. A set aside hearing is more concerned with why you failed to respond to any court claim in the first place rather than whether you owe the money or not, so you would need to gather evidence of this. There is also every chance the other side wouldn't even bother turning up.

If you are successful in getting it set aside you can then see what evidence the other party submits. Even if they have a case you can pay up and the CCJ would have been removed from your file.

sourcrates

sheff6107 wrote: »

It would be madness to pay it if you can get it set aside. A set aside hearing is more concerned with why you failed to respond to any court claim in the first place rather than whether you owe the money or not, so you would need to gather evidence of this. There is also every chance the other side wouldn't even bother turning up.

If you are successful in getting it set aside you can then see what evidence the other party submits. Even if they have a case you can pay up and the CCJ would have been removed from your file.

A set aside application costs almost as much as is outstanding on the CCJ, so its a lose, lose situation in that respect.

Even if successful in setting aside, if they then lost the case again, it would cost them almost £520 !!!

Quentin

OP - if you want this blight on your credit file removed then your only option is to go for a set aside.


Simply paying it now won't remove the CCJ on your record. It will remain there for 6 years though marked as "satisfied".


However the blight is that many credit providers just say no when they see a CCJ - irrespective of whether or not it has been paid.


If you want it completely expunged, then a successful set aside would mean it would be as if it never existed.


As you have been advised, following a successful set aside the claimant may start again with the claim.


With the help of the parking tickets forum board (in the motoring forum) where you will find help on the set aside as well as how to defend the claim.


Then if you subsequently win against the claimant you will be able to claim back the cost of the set aside from the claimant.


If you subsequently lost against the claimant you can then avoid a new CCJ on the record by paying it off in full within a month of receiving it

jamiegray47

Thanks all for your help.

To keep the thread updated, I will be going ahead with the set aside for the following reasons.

I have a written letter from my previous employer stating that the company rent the car park from xxxxxxx and that as an employee I was entitled to park there.

I have spoken with Civil Enforcement Ltd who have no recollection of any charge or claim against my self at my previous address where the claim is charged against.

I moved out of the address and received no letters other than the original from the owner/ manager of the land which I passed on to my ex-employer to action. I was therefore unaware that Civil Enforcement Ltd was pursuing any charge or claim.

any advice filling out the N244 Application and cover letter will be greatly appreciated and once again thanks for your help so far.

Jamie

Quentin

To keep this thread updated the OP did apply for a set aside with help from the parking ticket forum here and has been successful.


https://forums.moneysavingexpert.com/discussion/5685952/mystery-ccj-civil-enforcement-ltd

Coupon-mad

Private parking fine CCJs are a different kettle of fish to credit agreement defaults, are often a scam (easy to overturn if a Judge looks at it) and OPs with parking fine CCJs should always be directed to the parking fines sub-forum.

Typically this one was with notorious scumbags 'Civil Enforcement' and was relatively easy to set aside, with the OP saying:

it was all over in about 3 minutes

sourcrates wrote: »

A set aside application costs almost as much as is outstanding on the CCJ, so its a lose, lose situation in that respect.

Even if successful in setting aside, if they then lost the case again, it would cost them almost £520 !!!

He is now defending the claim, CEL will discontinue - because they always do - and the OP might even get his £255 back, as many on that board do.

It's almost never a lose-lose situation with a scam CCJ from a parking firm. Defended court cases and set asides are won 99% of the time on the parking tickets board, a record spanning back over 18 months and including hundreds of cases. Those lost can be counted on one hand.