Advise needed parking fine/CCJ

H44MP

Hi,
My wife and I are looking into a mortgage in the near future and as such I carried out credit check on Experian and discovered I have a CCJ issued against me on the April 2018 as a result of an unpaid parking fine issued May 2017 for £100. Neither of which I was aware of due to the fact all fines/court letters were sent to our previous address, hence why I was completely unaware of the original fine and subsequently the CCJ.

This being said, since discovering the fine, I contacted the company and paid the fine immediately.

I am aware that a CCJ will affect my credit score for 6years and ultimately affect my chances of mortgage approval.
Before the CCJ my credit score was excellent due to my credit history.
Do I have to settle with a CCJ on my record or
would I stand a chance of putting in a claim for the CCJ to be set aside due to the fact the letters were sent to my old address and being completely unaware of the parking fine in the first place? Any advise on where I stand with this issue would be much appreciated..

Umkomaas

This being said, since discovering the fine, I contacted the company and paid the fine immediately.

Oh no, that's the last thing you should have done. :doh: That just about cooks the goose - you've paid the charge, (accepted liability), yet still have the CCJ emblazoned across your credit rating. While it will now say 'Satisfied' against it, it's not very likely it will improve by much any chances of a more relaxed credit position, which you're stuck with for the next six years.

Worst of all, now you've paid the charge, you've also lost your opportunity for a set aside, which, with documents going to an old address, would have almost certainly have been granted.

If you've not changed your address with the DVLA, get on with that urgently - two separate notifications - V5C (logbook) and driving licence. DVLA has some really meaty fines, up to £1,000 a pop.

Which parking company were you dealing with?

The_Deep

It is probably too late to rescue your credit rating but complain strongly to your MP that procedures surrounding the granting of CCJs by default are severely flawed.

If it is any consolation, 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.

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.

peter_the_piper

Please make sure that you have updated DVLA with the correct address for the car and driving license ,separately. Would not be fun to find there are others quietly sitting in the background ready to kick you.

H44MP

Hi, thankyou for response,

I thought by paying the fine it would show that I wasn’t trying to avoid the original fine as I would of accepted fault from the start and paid up straight away if I had known anything about it.

This being said, it now seems I’ve shot myself in the foot by paying the fine, so do you think it’s a waste of time and money in attempting this to be set aside?

Do you know where this leaves me with regards to mortgage lenders and future credit etc? If I have a satisfied ccj, do they take into account the severity of the ccj?

The parking company was The Civil Enforcement and it came from a hospital car park.

My addresses are all upto date

Thankyou!

Umkomaas

so do you think it’s a waste of time and money in attempting this to be set aside?

I don't think it has any prospect. You could check that out further by speaking with the CAB, or, if there's one near to you, a law centre where some free advice might be available.

I have no knowledge of how mortgage lenders will react, I'm sorry.

Sorry that you've got into this mess. It is part of the Civil Enforcement modus op to go for default judgments, they love them because they can get much more awarded to them by default than had you defended in court and lost.

How much was the total cost you paid to them?

H44MP

Tthe original fine was for £100 which due to me not receiving this or responding it increased to £334 with a ccj against me!

waamo

You can try but it's a £255 gamble with a very realistic possibility of losing the money.

It's not guaranteed you will lose, ISTR a case on here a while ago that was won in similar circumstances, but it certainly gives you an Everest size mountain to climb.

I suppose the question is how much is your credit file worth to you? Is it worth a significant gamble?

beamerguy

All that's said above is true.

However, you can add a marker/note to your credit file to explain the situation that you were unaware of any case as the claimant, being CEL, did not attempt to locate you

Make sure the note is added to all the credit reference agencies

Sad to say that had you known you probably would have won because CEL are a hopeless bunch and they thrive on punishing people by way of a CCJ

You have been told to contact your MP and you must do that because back in September 2016, THERESA MAY made a statement
https://forums.moneysavingexpert.com/discussion/5524754/knock-knock-mrs-may-anyone-at-home-what-are-you-doing-about-these-ccjs

Theresa May lied as she has done many times since

That's what you need to be talking to your MP about

H44MP

My main concern is with it on my record where it leaves me with getting a mortgage, which will be within the next year.

By the sounds of it I don’t stand much chance for a set aside, and have to unfortunately settle for a satisfied ccj, which I feel is very harsh against me seeing as I had no opportunity to defend myself.

Umkomaas

H44MP wrote: »

Tthe original fine was for £100 which due to me not receiving this or responding it increased to £334 with a ccj against me!

Even had you lost in court, £200 would have been the absolute maximum to be awarded against you. Anything over that amount has been artificially inflated by CEL. Typical CEL exploitation of the unwary and naive, and the fact that all this happens automatically suits them perfectly - not a human eye will have been run over the judgment, no Judge has been anywhere near.

Make a claim, no defence, apply for judgment in default, granted!