CCJ Gladstones

DeeAnn77

Hello All,

I have read quite a bit of the newbies thread and some other threads and I am sure my case isn’t unique but I still can’t get my head round it and I am running out of time panicking so would really apprieciate any help.

Last year I picked my friend up and dropped her off 3 hours later at her house. Where she lives there is a sign (which I didn’t notice) ‘no return within 4 hours’. They took picture as I entered and left the car park .

The first PCN (ES Parking Enforcement) arrived at the address my car was still registered and I didn‘t live anymore (but I dont’t think it matters anyway, I was notified by people living there about letters addressed to me). I ignored it. Here I think it is important to mention that the PCN was sent more than 14 days from the incident (I am not sure though if it is suppoused to be 14 working days or just 2 weeks). 19 days, 13 working days-to be precise.

Haven’t heard from them until now, on the 8th of January straight away CCJ! I have 30 days to pay now.
I am shocked that no other correspondence came through in between and I didn’t get a chance to defend myself. Never contacted them so still have the ‘You don’t know if I was a driver‘ up my sleeve.

Now I am very tempted to give up and pay them to save my credit score. I understood from other threads that I could set aside CCJ but I am scared that my reasons to defend myself aren‘t strong enough and I will loose twice as much money and end up with a bad score for the next 6 years anyway...

Is there any hope for me based on the above? Thank you!

ShakeItOff

If you pay the CCJ within 30 days, it doesn't affect your credit rating. However, if you did not know about the CCJ, on the NEWBIES thread (post #2) it talks about small claims cases, and a little way in to that post, there is a bit about Set Asides. There are also lots of threads (including mine) about setting aside the CCJ.

However, you do have to pay up front for the set aside (£255), with no guarantee of getting it back. The form is the N244 form.

Unfortunately, you probably did receive another letter (letter before claim) from their appointed solicitor but I am going to guess it was sent to your old house).

I would suggest editing your post to talk about "the driver parked", rather than who was actually driving.

I have decided to go for the set aside, as I was outside of the 30 day deadline for payment, and so my credit file has a stinky black mark on it.

Coupon-mad

up front for the set aside (£255)

Free if on a relatively low income (we need to remember lots of people will qualify). Fee remission is not just for those on benefits. Even I would qualify !

ShakeItOff

Fair point CM! Yes, there is help with court fees if you are eligible.

DeeAnn77

Thank you for quick reply!
Apparently there was no post for me at that address.

So I am still within the frame of 30 days but I though that I can still fight it so I don’t have to pay them at all (with the set aside fee being refunded later), am I wrong?
I don’t understand what happens if I set aside, if I loose do I automatically get CCJ?
Do you think I can win with my arguments? Sorry if they are silly questions, I seriosuly feel lost in all that.

I don’t qualify for the help with fee unfortunately.

Coupon-mad

Almost every set aside here wins. I can only recall one lost out of hundreds. So most can be argued & set aside, yes.

So I am still within the frame of 30 days but I though that I can still fight it so I don’t have to pay them at all (with the set aside fee being refunded later), am I wrong?

The set aside fee is a bone of contention because some Judges will order the Claimant to pay it, and some will make you suck it up...

DeeAnn77

Thanks. Sounds like its worth risking.

Could you just tell me what heppens if I dont win?
Do I still have a chance to pay it before having a black mark on my credit history?

The_Deep

there is a sign (which I didn’t notice) ‘no return within 4 hours’.

Is this a valid term in a contract? Does it mean that the car must not return, or the driver? What happens if there is a different driver on each occasion?

I am sure there must be case law.

DeeAnn77

I don't know the answer but this actually happened to someone:
PePiPoo:
'PCN from ES Parking Enforcement, no return within 4 hours, 2 different drivers visit at different times' (sorry, I can't link it)

ShakeItOff

My understanding is that if you don't win, you would still need to pay the CCJ, but that even if this was the case, the amount would most likely be a lower amount as Gladstone's will have added things they shouldn't in to the claim.

DeeAnn77

Thanks. In this scenario if I pay is my credit score intact?