Parking Fine CCJ Received

neeraj89

Hi All,
I need your help as I have received a CCJ for a parking fine and confused what to do.

The CCJ is dated for a parking fine issued on 22/04/2017 for a private parking company called PARKING CONTROL 24/7.
On 09/06/2017 - I moved out from that address and updated all my records including my cars log book (V5C) and before 9th June I didn't receive any correspondence to my address regarding the fine.

Just yesterday (14/01/2018) I was just usually checking my credit report and saw a CCJ reported against me at my old address and immediately called the county court to get the details the of the CCJ which gave me the details of the fine and on which road I had parked and also updated my new address.

Since I had moved I haven't received any correspondence regarding this fine or claim to county court and now I have to pay a fine of £263 and if I don't pay till 02nd February then this will remain on my file for 6 year.

I need your help to find out if there is a way I can fight this.

Thanks

Ralph-y

Hi, and welcome to the forum .....

please follow the link below to the start/ landing page ...

you will see in the third thread down a 'newbies' thread ....

please read through and look for the section re fighting CJC's

http://forums.moneysavingexpert.com/forumdisplay.php?f=163

good luck

Ralph:cool:

Quentin

Yes you can fight.

It requires you to apply for a set aside (costs £255 court fee)

If you are successful the ccj is removed from the register.

The creditor then starts again with a claim which you defend

All covered in the Newbies FAQ thread near the top of the forum

You need to act quickly if you decide to go the set aside route.

Apart from the court requirement to apply as soon as possible the creditor can now start enforcement of the existing ccj at any time (bailiff/attachment of earnings etc)

neeraj89

Thank for your reply @Quentin.

Is the set aside fee refundable if I win the case?

If not then it doesn't make sense for me to pay £255 court fee to get rid of a fine which is £263.00 (saves me on £8)

Please advise

[Deleted User]

If you win outright you'll almost certainly get costs.

At the interim stage after set aside definitely ask for costs if you've won. However, Many forum users win the set aside hearing and then find costs reserved (deferred to the final hearing) whereupon they could still lose it all. The win/loss ratio on here is pretty good though.

Some would regard the £255 a price worth paying anyway for the chance of cleaning up your credit record....

Quentin

It depends.

You can ask for the fee back if you win. Sometimes it is, but often you need to wait and if you win the subsequent hearing of the claim when you can get the claimant to pay the fee along with your other expenses incurred

If you aren't bothered about the ccj remaining and you don't want any credit etc then after 6 years it's expunged from your records

You haven't been fined!

Paying it off doesn't get rid of the stigma!!

neeraj89

Thank you @Johnersh and @Quentin for your prompt replies.

Since my CCJ was issued on 02 January 2018 so If I pay the fine within 28 days will the CCJ be taken off my credit file anyways. I read this on one of the forum so please confirm it is correct.

I definitely don't want a CCJ to be on my file for 6 years as I'll be applying for credit soon.

Quentin

It isn't a fine!! You have been ordered to pay a scam invoice because as far as the court is concerned you ignored the claim issued instead of defending it or paying it in the first place

Yes. Paying now will mean it gets expunged

You rely on the claimant to inform the court or get proof of payment and notify the court yourself requesting the register is amended

nosferatu1001

One month, not 28 days

You have a pragmatic vs "right thing"

If you pay up now, you get the CCJ removed for good. I would chase the C to make sure they actually do inform the court. Enclosing a SAE with part completed payment receipt is a good idea as well. Make it easy

You can STILL, I beleive, then go for a set aside. That way would not be closed by paying. You risk £255 AND you force a hearing - if they dont continue the case they are required to refund the paymetn made.

neeraj89

@ Quentin - Yes I totally agree with you and don't want to encourage these scam companies by paying them without giving it my best shot. I have decided to go for set aside.

Kindly clarify one thing.
worst case scenario - if I lose the case, does the court still give me one month after the decision to pay in full and get the CCJ removed of my credit file ??? or the CCJ remains irrespective I lose or Win ?

@nosferatu1001 - One Month - I stand corrected. I believe by right thing you mean to go for a set aside.

Quentin

neeraj89 wrote: »

@ Quentin - Yes I totally agree with you and don't want to encourage these scam companies by paying them without giving it my best shot. I have decided to go for set aside.

Kindly clarify one thing.
worst case scenario - if I lose the case, does the court still give me one month after the decision to pay in full and get the CCJ removed of my credit file ??? or the CCJ remains irrespective I lose or Win ?......

If you lose your set aside appeal (which would take place after the month allowed to pay to clear the ccj off the register) then the ccj remains on your record for the 6 years

But if you get it set aside and subsequently lose at a new hearing of the claim then you have a month to pay that new ccj off in full and have that (new) ccj removed from the record