Has anyone had a ccj put aside by parking eye?

Samsan1233

Hello everyone,
I’m after a bit of help, back I’m march 2017 me and my husband went somewhere in London, he had a meeting so i stayed in the car, I called RingGo and bought a ticket for about 2-2.5 hours. I was holding on the line for a good 10-15 mins before I could get the ticket. The ticket ended at 12.30lm and we left 12.32.
A week or so later we received a penalty so I immediately emailed parking eye and sent them the proof of ticket from my bank statement. We received an automated email saying they will be in touch.
At that point we didn’t hear anything back, and in December we got a letter saying we will get a ccj if £ 197 wasn’t paid within a month. The letter was dated 28th of November but we opened the letter on 28th December as it went to my neighbours house, this happens a lot letters always go missing and even we receive neighbours letter regularly, now that obomeans it was sat by one of the neighbours for a while before they dropped it outside my main door, the always so this instead of posting so I know it came from the neighbours.
At this point I immediately called Northampton court and the lady specifically said if we pay it today we won’t get a ccj. So I immediately called parking eye and paid.
After checking on Experian yesterday we realised the ccj was still on and marked and satisfied. I called the court again and was told they were informed by parking eye they received the payment on 30th December not on 28th. So I checked the statement and it shows transaction date 28th December money credited 30th December.
I then checked the mailbox and found they had replied back to my email in April saying that we overstayed, and still need to pay, found this in trash, we just thought they hadn’t replied as they realised we did buy a ticket, I honestly don’t remember leaving any later than 2 mins and they haven’t explained anything regarding this too so I’m still not sure why we even got this ticket. I paid the £197 to avoid getting a ccj.
What can we do now, we need to
Nice this year as I just had a baby so can’t be stuck here, but the ccj will prevent my mortgage, can anyone help in how to get this set aside please, I’m willing to pay to go to court but how do I go about winning this. It was a genuine accident and we have an outstanding credit history normally and now it’s poor. Please help. I was heavily pregnant and had a toddler with me that day can I use this? Please help guys.
Thanks and sorry for the long post

Ralph-y

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

sadly this looks li8ke a right mess

If judgment is given against you and you pay the a ccj is not normally given against you ...

but if a ccj is given and then you pay , it is marked a paid .... but not removed ....

I would suggest that you await some of the more informed forum members advice ..... there are a couple of solicitors who are forum members ... they may be able to help ...

good luck

Ralph:cool:

Samsan1233

Hi thanks for the reply, we did pay but due to receiving the letter late we paid on the last day . Thanks hope someone helps soon

Quentin

This all hinges on what date they received the funds.

If it was on 30th then the ccj correctly remains on the register for 6 years.

Read up on set aside by consent which might be a way to get it off the register if you did pay late.

But do get advice on the wording of your application as the court frown on "credit score laundering" set aside applications.

[Deleted User]

How was the debt paid. Did the o/p pay the court or call up PE to pay?

In any event, based on the timeline, I believe the chances of getting PE to consent to a set aside are reasonable, provided you pay the further costs of the application (all reasonable efforts were taken to pay on time and as soon as the o/p was aware).

If they do play ball, I'd lodge the consent order with a witness statement by way of explanation for good measure, appending the bank statement/card transaction. Implicit is that the CCJ should never have been made at all and that this is not a case where future creditors need to be made aware.

There are lots of threads on set asides of this nature.

First thing is to write to PE with a copy of the statement (delete from the copy your other transactions etc), explaining the position and that from the outset all efforts were made to pay. Indeed they have been paid. Request in the circumstances a set aside by consent. If it's a "no" a hearing will be needed and at that point there's certainly no guarantee...

One option may be to send your draft w/s to PE as a tool, inviting them to consent to a set aside and to avoid the need for an application hearing. They then see the merits of your argument and the structure will help make your points to them clearly.

Quentin

Johnersh wrote: »

How was the debt paid. Did the o/p pay the court or call up PE to pay?

The payment couldn't have been to the Court - they don't accept payments like this


It would have to be paid to the Claimant, and the Claimant looks to have informed the Court they did not get paid till after the month allowed to pay and get the CCJ removed from the Register


First thing would be to ask PE to confirm o court the correct date they were paid

Samsan1233

Thanks we paid PE as adviced by the court. The information on here is so overwhelming I’m just not sure, I’ve never done a witness statement or defence before so just don’t know what to write. I feel I have strong reason for PE to agree to set aside by consent as we paid ASAP. Do you know if PE usually agree to this ?so the best thing is to send them a email with my bank statement copy and request for set aside by consent ? I think this sounds reasonable but worries about it going to court, can you give me an idea as to what to write to them in terms of witness statement pls

Quentin

Why not write and (politely) ask them to confirm you paid on the date you say you did.


If you can get that confirmation then you should be able to get the Court to deal with removing this from the Register


If it turns out the payment was not rteceived on time, then move on to a set aside (by consent if you just want it off the record, or full blown if you want to fight the claim)

Samsan1233

My statement shows transaction date 28th December payment received 30th December, so it goes 2 days over the 1 month period for payment Received .

Quentin

Samsan1233 wrote: »

Thanks we paid PE as adviced by the court. The information on here is so overwhelming I’m just not sure, I’ve never done a witness statement or defence before so just don’t know what to write. I feel I have strong reason for PE to agree to set aside by consent as we paid ASAP. Do you know if PE usually agree to this ?so the best thing is to send them a email with my bank statement copy and request for set aside by consent ? I think this sounds reasonable but worries about it going to court, can you give me an idea as to what to write to them in terms of witness statement pls

If this is settled by a set aside by consent then you won't have to deal with any WS or defence, and no need to attend any hearing

Samsan1233

Also should my email to PE be apologetic? How should I play this?