CCJ i was not aware of

Katieprice385

Hi, I checked my credit file this morning and noticed CCJ had been issued the Judgment date is 13.7.18 for my old address. (I moved into my new address on 22nd December 2017).
I have called the court and they have said it is for a parking ticket issued on 20th Jan 2018 by HX management and their solicitor is Gladstone,
I have checked my log book it was changed in April 2018.
They have asked me to fill out N244 form to have the judgment set aside but i have to pay £255 for this to be taken back to court.

is there anything else i can do as i do not have the money to pay to take it back to court.

thank you for reading

Umkomaas

is there anything else i can do as i do not have the money to pay to take it back to court.

Live with a trashed credit rating for the next 6 years. But you'll struggle to get credit, a loan, a new mortgage, a mobile phone contract, it can also affect employment opportunities.

As the judgment date is more than a month old, paying HX now won't repair your credit rating - it will stay more or less the same. Repairing your credit rating can only be achieved via a set aside. You can only recover your set aside fee from the Claimant. Unless they've done anything wrong (they don't appear to have done so in your case), you're unlikely in my view to recover your £255.

If you get a set aside, it's a very strong possibility that either the Judge will require you to put forward a defence for the set aside hearing, or if he/she doesn't, HX are likely to issue a fresh claim which you will need to defend.

You're between a rock and a very hard place.

You could try to get a set aside by consent which costs you £100, but it means you have to get HX to agree to that and will also cost you the order issued by the Judge in default and pay that to HX.

Just one point, if you're on (certain) benefits, you can apply for a set aside without consent for £100. Google it.

Katieprice385

I have not had any communication with the parking company as everything went to my old address (I'm assuming), the first i knew of the parking charge is when i looked at my credit file, would this not help me in court.

The_Deep

There is no alternative other than that which UMKO has already spelled out in post 1. If you pay the £255 you have a reasonable chance of getting it back if you informed thr DVLA of your change of address in a timely manner.

There is masses of advice on here, read a few other CCJ posts and complain to your MP.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. The Bill has passed through the HOC without hitch, and goes to the Lords soon. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.



. E dvla OF YOUR CHANGE OF ADDRESS IN A TIMELY MANNEREr eK

steve1500

Have you any idea what happened to all the post that went to your previous address?


You might have a chance if you could somehow prove or get a statement from the current occupants that post was returned to sender

Katieprice385

The previous address was my mum, and she has not received any letters, the letters she had received was all pass over to me, which was only junk mail.

waamo

Katieprice385 wrote: »

The previous address was my mum, and she has not received any letters, the letters she had received was all pass over to me, which was only junk mail.

You normally get a small forest of paperwork from a ppc, debt collectors, solicitors and finally the court before a ccj is awarded.

I seriously doubt a court would believe that all this paperwork didn't arrive.

Umkomaas

waamo wrote: »

You normally get a small forest of paperwork from a ppc, debt collectors, solicitors and finally the court before a ccj is awarded.

I seriously doubt a court would believe that all this paperwork didn't arrive.

I agree.

@[STRIKE]Jordan[/STRIKE] Katieprice - have you had any other address in the past few years which still appears on your V5C (logbook)? Check it out before you answer, please don't guess at it.