Help cel ccj

Elohim

Hello,

Im new here so please go easy and if this is not the correct place to post please redirect me. Also I have tried to read other posts for as much info and I've seen/read a lot of talk about "newbies" "FAQs" and such. I could not find these sections to read through so again forgive me and please could you provide links or redirect me to the right place.

With that being said, from the title you can guess what is going on!?

I recently checked my credit file only to learn that a CCJ has been issued against me on the 04.01.19 for the amount of £291 to a previous address. the alleged violation was entering a car park and not paying (butterfly walk, Camberwell). What actually happened was that I entered the car park in my own company van. (bearing in mind that this car park is not one way in and one way out, you can leave another way or exit another way of entry to access flats etc) I stopped and went over to the parking machine to check tariffs and which of the hundred different apps to use to pay and park and of course it was not any of the common parking apps i.e Ringo, paybypphone. It was a company called 'phone and pay' long story short by the time I set it all up, registered and verified etc I did not bother to stay and just left (if possible to obtain CCTV it would prove this). However a payment did go through and I received the following:

"LT57Txxx is registered to park at 4700 - Monteagle Court Tenants Only. Manage your account and download VAT receipts at ................
Parking LT57xxx at 4700 - Monteagle Court Tenants Only expires at 11:49 today. Where permitted, call 01414040000 to extend your parking"

I then down the line received a PCN saying that I have been seen entering the car park and leaving total time of 22mins obviously I did not even park or was actually in a bay, just entered and left. being that it was a Parking charge notice I just ignored it also the fact that I've committed no "offence" that they may realise and withdraw.

In this time I did move address but I did have a redirection but like all the online advice I just ignored etc. Same again when the CCJ papers came everyone online was saying it was a scam etc and just ignore which I did hence the CCJ issued.

I plan on fighting this as much as I can as no violation was committed, I genuinely did not even park just entered and left.
How do they know who was even driving that they can prosecute the keeper?
If i did not have a redirection then there would of been no correspondence (not even a telephone call, my number is on the van, company details etc)?
And again I genuinely didn't even park.

I have a template to send to CEL asking for all records and evidence etc ready to send and need to draft up a 'Set aside' form to the court to challenge this.

A lot of info I know but tried to provide as much info as possible. Any help will be much appreciated,

TIA.

waamo

You are indeed in the wrong section. You need here https://forums.moneysavingexpert.com/forumdisplay.php?f=163

Read the thread that tells you to read it first.

agrinnall

Elohim wrote: »

In this time I did move address but I did have a redirection but like all the online advice I just ignored etc. Same again when the CCJ papers came everyone online was saying it was a scam etc and just ignore which I did hence the CCJ issued.

Not all of it, and not everyone. You certainly wouldn't have read that on here.

soolin

Moved to the correct sub board

Quentin

If you deliberately ignored the Court correspondence regarding the claim and the CCJ then you are too late to fight this ccj! You have no grounds to get it set aside

If you are happy to risk enforcement (eg bailiffs/attachment of earnings etc) then continue to ignore it

If they do enforce the judgement then bear in mind all costs of enforcement will be added to the amount you owe in the judgement

waamo

I plan on fighting this as much as I can as no violation was committed, I genuinely did not even park just entered and left.

That ship has long since sailed. Pay up and live with it.

Elohim

even though I did not even park?

Elohim

soolin wrote: »

Moved to the correct sub board

Do you have a link? Thanks

Elohim

waamo wrote: »

That ship has long since sailed. Pay up and live with it.

Even though I did not even park in the car park? Or have a chance to defend myself and not being notified of the judgment with correspondence being sent to an old address?

Helpmeforum

I think phone calls will probably be your best bet. I've had a fine before due to late 'information' but I called and basically said as I had moved address I was unaware of all this and the fine got cleared. I would call saying you didn't know due to moving address and thought was scam as you didn't Park (CCTV can prove this and say it) basically be as honest and truthful as possible and they may just wipe the fine. If not I'm sorry but sometimes the world is cruel and everyone wants your hard earned money! Best of luck

Elohim

Quentin wrote: »

If you deliberately ignored the Court correspondence regarding the claim and the CCJ then you are too late to fight this ccj! You have no grounds to get it set aside

If you are happy to risk enforcement (eg bailiffs/attachment of earnings etc) then continue to ignore it

If they do enforce the judgement then bear in mind all costs of enforcement will be added to the amount you owe in the judgement

I didn’t deliberately ignore court papers. No stamped court papers was revived just a dodgy vaguely printed photocopy. Also no correspondence saying that a judgment was passed was sent, I only found out by checking my credit report otherwise would of acted sooner.