Urgent - received CCJ - should I pay or set aisde?

popsoda

Hi everyone,

I just received a CCJ against me on 05/03/2018. I think my best option now is probably to just pay it as this means that it doesn’t show up on my record if I pay within a month right?

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I’ll explain my case in case anyone thinks it is worth me applying to get it set aside.

Firstly let me just disclose my main big mistake here: I submitted an acknowledgement of service on 19/02/2018 which I wrongly believed gave me 4 weeks to create my defence, but I found out just now it gives me 2 weeks and hence a judgement was entered against me exactly 2 weeks after.

The claimant was UK Parking Control and I believe I would have probably had a decent case. It was for not showing a valid permit outside my own house in a residential area that is privately managed. I wasn’t able to apply for a full permit at the time but had purchased the UKPC temporary permits but apparently this only allowed me to park in their select areas around the corner so they issued me parking charges.

Anyway they gave me about 7 charges in total two years ago, and after ignoring all letters they’ve eventually taken me to court.

The amount is for £1292 including court fees. I’m wondering what my options are.

Do I have any valid case for setting the CCJ aside? I can’t say I wasn’t aware of it or the address was wrong, it’s just a shame I didn’t manage to submit my defence in time.

The main reason that it was taking me longer than expected to create my defence was because I was trying to find out what evidence they had on me using their various websites to try to locate the photos but when typing the reference codes in UKPC’s websites it would come up with errors or say that I can’t access the photos as its now been passed on to their Debt Recovery Team.

So I’m wondering now what my options are. If I pay the CCJ now is it right that it won’t appear on the register?

If I were to apply to set it aside and this failed, would this then give me another chance to pay within a month in order to not have it appear on the register or has the clock started from 05/03/2018 and I have until 05/04/2018 to pay it no matter what?

Really appreciate any advice. Kind of panicking about this getting on my credit record as I’m a student and apparently it could also affect my future jobs :’(

Fruitcake

What does your lease/AST say about parking/parking permits. This will have primacy of contract over anything a third party scammer says.

If the lease/AST is silent about parking, or permits, or does not mention a parking charge for not displaying a permit, then you have a very good case.

You need two things. A good reason why the CCJ should be set aside, and a good chance that you would beat the original parking charge.

The_Deep

I hate polls. This is a scam, UKPC at fraudsters, read this

https://www.bbc.co.uk/news/uk-england-35253759

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

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.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

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.

No- one should ever pay a scammer for parking at one's residence, read this

http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

popsoda

Hi Fruitcake, thanks so much for your fast reply! I was not on the lease as I was living with my ex at the time which is why I bought temporary permits. I feel like I possibly have a good chance of beating the original parking charge but I might not have a good reason why the CCJ should be set aside since this is more technical reasons right?

Can you confirm, if I were to pay the CCJ within a month, will it not appear on the public register?

Thanks again!

waamo

If you pay within a month it is removed from the register. Having been mistaken about time frames for submitting a defence will IMHO be very difficult grounds for getting this set aside. Not impossible just very difficult.

I too hate polls.

popsoda

Hi TheDeep, sorry about the poll, I just added it as my post was quite long in case people didn't want to read it. I know, they're such a crooked company! But I think I haven't followed the procedure correctly to defend my case and so I think I have automatically lost the case and now have no choice but to pay the CCJ I think. I read that at least this means it won't appear on my credit file, I don't know if you can confirm this or not. I'll take your advice about writing to my MP about this thought as I really feel like I've been totally extorted. But having said that I'd rather pay £1292 than not be able to apply for mortgages or jobs.

popsoda

Hey Wammo,

thanks for confirming this. I'm absolutely gutted I didn't respond with a case in time, that is totally my fault to be honest. I think I'll just take this as a life lesson and pay the CCJ, at least it will be removed from the register if I pay it now.

popsoda

Sorry about the poll guys. I just added it as my post was quite long I thought it would be easier, if there's a way for me to remove? I'll take it down.

twhitehousescat

the ability to get a set aside is based on whether you would have a good chance of winning the original claim by ukpc

you say you are confident that you would win this , then reflect that in your set aside case

£1292 is a lot of money for most people to just roll over and pay , and seems to be inflated somewhat from the origional 7 x £100 MAX figure allowed by law

I can confirm that if you pay scammers and Co. £1292 within a month , not only would no ccj appear on your file , but also Rupert Williams would replenish the fuel tank on his luxury boat , and thank you

popsoda

Ok I take your point and don't want to be funding some cowboy, and this really is a lot of money, this will totally empty my savings. What would you advise me to do? The main reason I thought I was confident was because of how much it is and because I actually purchased loads of the tempoary permits and am pretty sure (this was 2 years ago so my memory is sketchy) that the issue isn't that I had the permit in the display, it's just that I was in the "wrong bay" for "guests with tempoary permits" (it's hard for me to know what my exact infridngment is as I can't access their evidence on me). But I feel like if I were to defend my case I would at least be able to get the CCJ reduced.

I'm just worried that if I apply to get the CCJ set aside, does this have any negative ramifications for me other than the £250 charge for doing this, as in does this remove my option of paying the £1292 and having the judgment removed from my name? Thanks again for your replies, I'm so grateful for it.

twhitehousescat

ccj,s are NOT reduced , they either exist or do not ,

suggest on reading up on set asides , and work out if you wouyld have a good chance in court against ukpc if they fire back with it

as you can see from this http://www.bmpa.eu/companydata/UK_Parking_Control.html number of tickets issued to number of ACTUAL court cases , very very low , and in most cases either defendant folds and pays up , or UKPC back down

they must have been rubbing hands with glee as they got a default on you , complete with speculative costs