Parking ticket resulting in a CCJ

Williams99

Hi

I'm hoping someone can help.

I've recently found out after accessing my credit file for the first time i have a CCJ against me.
After some investigation i've found that it's from a parking ticket in 2012 from excel parking in Swansea.

I have never received any letters to my home address and i'm unsure it was actually me as it's from 6 years ago.

My registration is correct so i will assume it was me as i've used the car park in question a number of times.

I've tried contacting excel for a copy of the original notice but had no response.

I've contacted citizens advise and they advise without any evidence it wouldn't hold up in court.

I paid the outstanding amount as soon as i found it it was on my credit file.
With this i can't apply for a mortgage.

Do anyone have any advise on what to do next?

Thanks

KeithP

It might've been a good idea to ask for advice before paying it.

It is still possible to get the judgement set aside.
Towards the bottom of post #2 of the NEWBIES FAQ thread you will find some guidance of how to go about that.

Of course you can apply for a mortgage.
You may need to shop around or seek the help of a mortgage broker if you decide not to bother with the set aside.

When was the CCJ issued?

The_Deep

To any reading this, avoid CAB, they are very weak on parking matters.
It is always better to contact your LA Trading Standards Department in writing, CCed to your MP.

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

Coupon-mad

I paid the outstanding amount as soon as i found it it was on my credit file.
With this i can't apply for a mortgage.

NONONOO!

That was a daft idea. I am so sad you paid this before researching; you could have wiped it!

That is NOT what to do with a parking firm CCJ.

IMHO with Excel, you now have no chance, you will never get this set aside now (not even by consent, unlikely) and will have to put up with it being marked as 'satisfied' and on your record for six years from the claim.

You WOULD have got this set aside, wiped, gone. This should have been you:

http://forums.moneysavingexpert.com/showthread.php?p=73922294#post73922294

...at least do the Govt/Court consultation - rescue one positive from this mess, by venting.

Quentin

Williams99 wrote: »

.....I've contacted citizens advise and they advise without any evidence it wouldn't hold up in court......

Yet another example of the poor advice that the cab gets away with!


If they were accountable to anyone they would go bust the number of times they fail their clients with authoritatively delivered (rubbish) advice


(And we all fund them!!)


They should have told you about set aside!


You paid up on their advice but still have the stigma of a ccj on your credit files until the 6th anniversary of it being handed out!


At least complain bitterly about this to them and suggest they get some proper training on default CCJs discovered too late to stop staying on the Register by simply paying them!

waamo

You may well find getting a set aside very difficult if you have paid it. It's a tough call. To apply for a set aside you have to fork out £255 with no guarantee of success.

In fact having paid it lowers your chance of success.

The question is how much time and effort are you prepared to put in and are you lucky?

Williams99

Oh No!!!

I completely panicked as i never knew it was against me.

I can get a mortgage but only with a 25% deposit and 4.78% interest which is Ridiculous!!!

I spoke to Cab and they advise to get it set aside but i would need evidence.

I've been on the phone to everyone possible regarding this. i will fight it until the end.

i'm currently in the process of gathering all information from Excel and BW legal.

It's really strange as excel said that were given a my name from DVLA when requesting who my car was registered to. with this they gave my wrong name, well not wrong but not my full name which appears on everything i've ever had in life. i'm known by my middle name but have first name. they were only given my middle and surname which i find very odd.

The argument that i have is someone else was driving my car at the time of the offence and the ticket was placed on my windscreen. i never saw this.

Excel parking have stated that they would have sent 2 other letters to my address and BW Legal 3 letters. I HAVE NEVER received these. I'm hoping the information i get back from excel and bw legal there will be a mistake in my name and address so i have something to argue.

Can anyone suggest any other route to argue?

Obviously i'm stupid and should have asked for advise before paying the silly ticket.

Help???

Williams99

I'm more than happy to complete the application form and pay the £255 but other than i didn't receive any letters i have nothing else to argue!!

The_Deep

Have you moved house since the event? What is the date of the PCN? What is the date of the CCJ? Is it possible that the DVLA provided the PPC with the wrong address?

Williams99

I lived at my address for 28 years.

The original PCN was 12th April 2012 but the CCJ was added to my file on 1st April 2017.

Coupon-mad

Williams99 wrote: »

I'm more than happy to complete the application form and pay the £255 but other than i didn't receive any letters i have nothing else to argue!!

You would be paying £100 to the court (not £255) but only after asking Excel by email, if they would please sign a consent order, because you paid it as soon as you discovered the CCJ.

If they WILL, then you will not need evidence except to support your contention that you did not receive the claim, and why not, and to show the court that you acted immediately and very reasonably and would have defended the matter.

The Judge will not want the impression that this is merely a credit cleansing application, you need to convince the Judge this was a claim you never received, so should be set aside.

See other threads containing an example consent order, we have discussed them re ParkingEye several times on this forum, so search these words:

ParkingEye CCJ consent

Please don't waste a £255 fee until you have asked Excel if they will consent. We think they won't but ''if you don't ask, you don't get''! If they will, then double check the wording of the consent order with us.

If they will NOT then you will know where you are and could still try a £255 (without consent) set aside but a Judge will wonder why you paid the CCJ if you are adamant you do not accept liability and wish to defend (and you will NOT be able to defend the substantive claim because you darn well paid it!). IMHO, your position would have been MUCH stronger re a £255 set aside without consent, if you had not paid.