CCJ (in default) any advice before I pay?

Spyro18

Hi all,
As a result of a series of unfortunate events but ultimately my own fault, I have ended up with a CCJ for a PCN (via the Gladstone Solicitors route). My question to the forum is just to confirm that the best course of action now is just to pay up and move on. The circumstances are as follows.
I have followed the instructions on this forum and used the template letter to avoid a parking fine before so when I got a ticket this time I planned to do the same again.
The ticket was issued on 16/10/2017. I had a couple of letters over the following year asking for payment and on the 17/04/2018 I got the letter from Gladstones saying they would take me to court etc. I realise I should have started writing letters at that stage but I thought I’d wait for the court letter (as I was sure I’d seen suggested by some).
While on an extended trip overseas the Claim Form (dated 22/02/2019) arrived. I returned on 06/03/2019 which would have left me about a week to respond (I believe 5+14 days from Claim Form date). But the truth is that the letter got buried in the massive load of mail I had waiting on my return, and the next thing I knew the CCJ (in default) arrived (dated 21/03/2019).
I know it was my fault that things got to this stage so please don’t be too harsh with me on that (!). Also, my excuse as to why I got the ticket in the first place would be hard to defend in court as I confess it was just lack of change to feed the meter and the thought that I was only going into the establishment (a running track) for a short time to pick someone up.
Like I said, at this point I’d just like to be sure there isn’t anything else I should try before paying up. I’d appreciate any advice. It did cross my mind to ask the parking company if they would accept a lesser amount but I’m sure that won’t fly! If I pay within 28 days the CCJ won’t go on the register.
Thanks in advance.

onlyfoolsandparking

As far as I'm aware yes if you have received a CCJ in default dated 21/03/2019 you should be able to pay it and have nothing negative going on your credit file.


I don't know how valuable NOT having a CCJ on your file is to you BUT if it were me I would begrudgingly (very very begrudgingly) pay a fair sized amount to avoid said CCJ.


Of course everyone has different opinions/approaches and you could apply to have it set aside but you may well be throwing good money after bad, then of course there is the time involved in dealing with set aside and then defending, ultimately its your choice.


Nobody here ever advises paying but sometimes it does depend on the circumstances and you might fit those special circumstances.


Just out of interest which parking scumbag is it? and how much will it cost you to get rid of the cockroaches?

Coupon-mad

Much as it pains me to say this, I agree it's easiest to pay it now.

Spyro18

LOL onlyfoolsandparking, I love your language in describing these parking people!
The amount was £274 and it was Gemini Parking.
I completely agree with yourself and Coupon-mad in that it's now probably best to pay. I guess I just wanted someone to agree with me so I can let myself off the hook of going at it and just pay and put it behind me. It is painful though, and I feel totally mugged even though it was my fault it got to this stage. However, the time, anxiety and effort that would be involved in taking it further probably isn't worth the toll on my mental health!
I spoke to the court today and they said once I pay the claimant they are supposed to inform the court, and if it's within the 28 days then the CCJ wont go on the register. They suggested I call the court a few days after paying to check that the claimant has informed them. If the claimant hasn't informed them then I can send the court proof of payment in which case they wont put it on the register. If I want a letter of confirmation of this from the court, then that's £15.
Thanks for your support guys!

onlyfoolsandparking

If I'm correct and memory serves Gemini are one of the more nasty scammers so best in the grand scheme to just pay the scum and send them crawling back down their sewer!


On a more positive note you can use this experience and painful expensive cost as a good lesson in how these parking scammers operate, stay on the forum, have a read around and get educated so you NEVER fall for this type of scam again.


Oh and make sure Gemini fully complies with Court instruction/s regarding potential CCJ, pay them WITH PROOF, send them a SAR just for the hell of it, hassle them for a fully paid and settled receipt like they've hassled you, it wont make a jot of difference in the long run but might make you feel 1% better. Good luck

D_P_Dance

hassle them … like they've hassled you

One possible way to cost them a bit of money is to complain to your MP.
They are on your side. Also, they may well have entered a false claim here, £290 is far more than the law allows.

Had you contested the claim in court and lost the most likely to have been awarded is £175 - £200. The rest, probably debt collectors/administration costs are not legitimate.

You could make a claim against them for the excess, it costs nothing, and you have six years to follow up.

https://www.rocketlawyer.co.uk/documents-and-forms/letter-before-action.rlm?msclkid=8cba15ae78161a941bbb493519dbd850&utm_source=bing&utm_medium=cpc&utm_campaign=BSN%20-%20Letter%20before%20action&utm_term=free%20letter%20before%20action&utm_content=Exact%20-%20Letter%20before%20action

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Spyro18

onlyfoolsandparking and D_P_Dance - great advice!
Yes I will pay them so I have proof. Also, I will send them a SAR, make a claim against them for the excess and complain about them to my MP.
It certainly does feel better to be able to do something in retaliation even though I am paying up.
Thanks guys, I'm healing already!

Spyro18

Update... paid up and had confirmation from the court that the CCJ will not go on record etc.

Regarding making a claim against the parking company for the excess, has anyone done this (I can't find anything on the forum). Also would I ultimately have to take then to court to get the money? Just trying to assess the odds of success. Any help/advice on this would be gratefully received as would help with wording of letter to MP.
Thanks in advance.