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CCJ from CEL from parking at work!

SarahConloon
Posts: 2 Newbie
Hi Guys, so I need some advice please. I have recently discovered I have a CCJ in my name taken out against me by Civil Enforcement Ltd. I discovered I had a CCJ after applying for a new current bank account for which I was declined and so checked my credit report only to discover there was a CCJ in my name!
What I think has happened is that I have received a parking fine for parking in my works car park! I am a staff nurse at the Royal Oldham Hospital. I pay £22.10 directly out of my wages every month to be able to park within the staff car parks of Royal Oldham Hospital. My staff parking badge is clearly displayed in the top left hand side of my windscreen and I only ever park in the permissible staff permit parking bays. I have recently received another PCN from Civil Enforcement Ltd, for parking in my works car park, so I have tried to appeal the PCN, but when I spoke to ZZPS, the debt recovery company CEL use, they have said it has gone past the point of appeal and that I just have to await hearing from solicitors regarding this new PCN. However ZZPS were also able to inform me that the reason I have been issued a PCN is because the car park I use has a Automatic Number Plate Recognition System which obviously did not recognise my number plate. I have since emailed the Travel Choices and Car Parking Team for my place of work, informing them of the situation and they sent the following reply
'We have sorted out the issue with your registration being added to allow access to Westwood Car Park, which appears to be due to referring to the second part of your registration with a zero instead of an ‘O’, so that should resolve future problems.'
So basically, I just need some advice on how to approach this whole mess of a situation in the best way possible. I am infuriated that this situation has even occurred and now I have to be the one to try and resolve it, even though I have done nothing wrong, I am looking at applying for a Set Aside for the CCJ, however I have written to CEL first, about 2 weeks ago, and thought I would give them a chance to reply before I applied for the Set Aside. I have also emailed them again since regarding this new PCN.
I hope this all makes sense!
Any/All advice welcome! Thanks
What I think has happened is that I have received a parking fine for parking in my works car park! I am a staff nurse at the Royal Oldham Hospital. I pay £22.10 directly out of my wages every month to be able to park within the staff car parks of Royal Oldham Hospital. My staff parking badge is clearly displayed in the top left hand side of my windscreen and I only ever park in the permissible staff permit parking bays. I have recently received another PCN from Civil Enforcement Ltd, for parking in my works car park, so I have tried to appeal the PCN, but when I spoke to ZZPS, the debt recovery company CEL use, they have said it has gone past the point of appeal and that I just have to await hearing from solicitors regarding this new PCN. However ZZPS were also able to inform me that the reason I have been issued a PCN is because the car park I use has a Automatic Number Plate Recognition System which obviously did not recognise my number plate. I have since emailed the Travel Choices and Car Parking Team for my place of work, informing them of the situation and they sent the following reply
'We have sorted out the issue with your registration being added to allow access to Westwood Car Park, which appears to be due to referring to the second part of your registration with a zero instead of an ‘O’, so that should resolve future problems.'
So basically, I just need some advice on how to approach this whole mess of a situation in the best way possible. I am infuriated that this situation has even occurred and now I have to be the one to try and resolve it, even though I have done nothing wrong, I am looking at applying for a Set Aside for the CCJ, however I have written to CEL first, about 2 weeks ago, and thought I would give them a chance to reply before I applied for the Set Aside. I have also emailed them again since regarding this new PCN.
I hope this all makes sense!
Any/All advice welcome! Thanks
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Comments
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Paragraphs please - too difficult to read the wall of text.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
So they had your Reg but the 0 had been replaced with a O?
To get a set aside you need to show that there was some error/conduct on their part that means they should have discovered your correct address. And you also need to show a valid defence. You clearly have a valid defence so that box is ticked. But why did you never receive the proceedings? Did you move? Did you change your address on your V5? How old is the PCN?
Search the forum for other set aside threads and start reading them to get an idea of how it works. The mote effort you put in, the more help you will get. Eg TobyZ's recent successful set aside (proceedings 3 years after the date of the ticket, during which he had moved but the PPC made no effort to check if the address was current)Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.0 -
Thanks for your advice, I have done lots of research regarding set asides for parking fines.
I can honestly say I did not see any correspondence from CEL, but that doesn't mean I didn't receive any. I have not moved address recently and since I have received another parking fine from them I presume they used my correct address previously. I would like to have thought I would have noticed a letter stating court papers, however, looking at the date of my CCJ, was around the time when my nan passed away and she was very poorly before she died and I was spending alot of time at her house, also it was my first trimester of pregnancy (currently 6months pregnant, so really could do without this stress!) and I was unwell during my first trimester, so all in all I wasn't in a very good place at the time and I fear I just didn't notice the letters.0 -
Did you miss my post #2?Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.Private Parking Firms - Killing the High Street0 -
@Sarah
Go back to Travel Choices and Car Parking Team and bounce up and down on them with regards to the CCJ. Get them to contact CEL and have them draw up a "with consent" set aside at their cost (£100) and get it into court.
The set aside should go through on the nod, and since there won't be a rehearing, that should be the end of it.
Why the Travel Choices and Car Parking Team allow a company to deploy faulty equipment with known flaws onto site should be raised with the Staff Association/Unions too.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0
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