Court not set aside CCJ

JamesB1984

Afternoon all,

I really hope somebody can help me.

We received a few letter about two years ago from a car parking company about leaving the premises. We ignored them as read somewhere online they won't follow it up. Far forward two years my wife got rejected for a phone contact, she checked credit score and found CCJ on there. Phoned court and they said parking fine. I read up and thought it would be relatively straight forward to get it set aside. Sent it the document explaining we did receive any court letter just the original two. We are disbuting the claim.

We received court date, today. They sent though a pack already showing pictures of the car and sign stating no leaving premises etc. Felt confident it would be OK.

Judge had other ideas, said defence wasn't great even though I explained they haven't proven anybody left the site. He said you can apply for a tomlin order so went to speak to there solicitor and they wanted £500 for this to happen, I told them no as they have no prove of anything

Went back in judge turned out down and said we must pay £275 and CCJ would remain.

I am beyond angry as all he went on was on balance the driver probably left the site. Is there anything we can do or should I just pay it and wait out the CCJ.

Thanks JB

The_Deep

ISTR an MP during the second reading of Sir Greg Kinight's bill venturing the opinion that a claim for leaving site may well be in breach of the Human Rights Act. I think it would definitely be ruled as an unfair term in a consumer contract under the Consumer Rights Act.

Supposing the wind blows your new £300 Montecristi off site, do you not retrieve it?

waamo

JamesB1984 wrote: »

Afternoon all,

I really hope somebody can help me.

We received a few letter about two years ago from a car parking company about leaving the premises. We ignored them as read somewhere online they won't follow it up. Far forward two years my wife got rejected for a phone contact, she checked credit score and found CCJ on there. Phoned court and they said parking fine. I read up and thought it would be relatively straight forward to get it set aside. Sent it the document explaining we did receive any court letter just the original two. We are disbuting the claim.

We received court date, today. They sent though a pack already showing pictures of the car and sign stating no leaving premises etc. Felt confident it would be OK.

Judge had other ideas, said defence wasn't great even though I explained they haven't proven anybody left the site. He said you can apply for a tomlin order so went to speak to there solicitor and they wanted £500 for this to happen, I told them no as they have no prove of anything

Went back in judge turned out down and said we must pay £275 and CCJ would remain.

I am beyond angry as all he went on was on balance the driver probably left the site. Is there anything we can do or should I just pay it and wait out the CCJ.

Thanks JB

Just to clarify was this a set aside hearing? In short it's a bit academic what kind of hearing it was. You lost and it's unlikely you would win an appeal.

You can either pay up or sit tight and see if they bother to follow it up. Amazingly some ppcs don't bother to enforce after a court win.

JamesB1984

ISTR an MP during the second reading of Sir Greg Kinight's bill venturing the opinion that a claim for leaving site may well be in breach of the Human Rights Act. I think it would definitely be ruled as an unfair term in a consumer contract under the Consumer Rights Act.

Supposing the wind blows your new £300 Montecristi off site, do you not retrieve it?

—

---

I have no idea what this means, contact local mp and claim it breaches human rights act? What would people suggest I do, don't want another court hearing and end up costing more tbh

Regards JB

JamesB1984

Good evening all,




I looked in the bill passed on 15th March 2019; seems they are clamping down on these types of scams. I am contemplating writing to my local MP stating this and giving a brief of what’s happened.


My question is as the CCJ wasn’t set aside today; can the MP do anything? What can they do?


And last question is there a template letter I can use to draft an email/ letter to my local MP?


Kind regards
JB

waamo

JamesB1984 wrote: »

Good evening all,




I looked in the bill passed on 15th March 2019; seems they are clamping down on these types of scams. I am contemplating writing to my local MP stating this and giving a brief of what’s happened.


My question is as the CCJ wasn’t set aside today; can the MP do anything? What can they do?


And last question is there a template letter I can use to draft an email/ letter to my local MP?


Kind regards
JB

Your MP can note your concerns and ensure the new Code of Practice addresses them. They cannot overturn the ccj. There is no template as it's much better in your own words explaining your personal situation.

BrownTrout

The ccj will remain on your credit file for 6 years from tha date applied to your credit file

JamesB1984

thank you for your replies. Is there much point me trying to appeal the CCJ outcome?


Is it beneficial to pay off the £275 or what and see if the company send a letter to collect it?


regards
JB

waamo

JamesB1984 wrote: »

thank you for your replies. Is there much point me trying to appeal the CCJ outcome?


Is it beneficial to pay off the £275 or what and see if the company send a letter to collect it?


regards
JB

I doubt an appeal will be successful. Appeals are notoriously difficult and can cost a significant amount of money.

As for what to do. I hate to say but it's your call. Nobody can predict what they will do. Paying now will see it marked as satisfied and may help if you want credit in the future. If you aren't likely to need credit there may be little gain in rushing.