CCJ set aside after paying?

angry_katie

Hi,
my partner and I have just discovered two days ago that he has a CCJ on his name from an overstayed parking from Jan 2018. We never received any correspondence from the parking company. We have moved in April 2018 and updated all our records. The judgment is from September 2019.

Timing couldn't be worse as we are about to purchase a property. The bank already agreed with everything (we have been trying to seal the deal since September due to some problems with the property) but now the additional credit check flagged up this. They said, considering the circumstances, they will consider giving us mortgage if we pay CCJ right away.

Now, my question is, can we still apply for a set aside even if we pay now?

The alleged ticket is from January 2018 when my partner was not driving due to serious back problems (we have MRI scans, GP letters, neurosurgeon consultation from the same month). It is also from a shopping center where each store has different time limits, with misleading signature, so we could give this as additional evidence.

However, if we pay now, we don't really have a chance of a set aside, or?

I already tried to contact the parking company to get a CCJ with consent,
but they were very unhelpful unfortunately.

Does anybody have a similar experience?

Thank you!

Fruitcake

I think the best option is to pay off the CCJ so it shows as satisfied but still on file.

This at least means you should still be able to get the mortgage you want. You could show the lender the comments in red from post 1 of the NEWBIES what our MPs have said about this unregulated scam.

I believe you will then be able to apply for the set aside without consent as long as you can show you have a reasonable prospect of winning a new hearing, so gather pics of site and signage asap to assist this.
As long as you updated the V5C and not just the driving licences in a reasonable time after moving then I don't see why a set aside hearing should be refused.

Also complain to your MP. Remind him/her that a certain Mrs May promised to stop this "credit clamping" where CCJs were issued because the scammers didn't, or didn't bother to locate and properly serve court papers.

SEnd an SAR to the scammers as per the NEWBIES to flush out the original PCN/NTK and any other personal information they hold about the keeper. Send a copy of the V5C as proof of ID (or a suitably redacted utility bill/card statement as well as VRM, PCN numbers or court claim number).

Do not include any photo' ID.

Half_way

If you pay an outstanding CCJ it will be marked as satisfied on your credit record for 6 years, and will still have the ability to trash your credit score for that amount of time.

I already tried to contact the parking company to get a CCJ with consent

The magic words are set aside



you will find advice on your situation here - on the newbies thread/sticky
https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?

Here's how - DO NOT ring the parking firm up...and do not just pay them:

https://forums.moneysavingexpert.com/discussion/5581374

https://forums.moneysavingexpert.com/discussion/5585047

And read this thread:

https://forums.moneysavingexpert.com/discussion/5619965

...which includes the OP's statement in support of his/her set aside, and an outcome which included the £255 being refunded. They were in and out in 5 minutes and he/she just asked for the £255 to be reimbursed by the non-attending claimant (quite often they don't attend).

And the Judge agreed, all over, claim struck out entirely!

IamEmanresu's summary of your choices regarding a SET ASIDE:

https://forums.moneysavingexpert.com/discussion/comment/71776504#Comment_71776504

Here is a case which shows what you have to do, in order to satisfy the points the Judge will be wanting to hear:

https://forums.moneysavingexpert.com/discussion/comment/74864199#Comment_74864199

Usually the PPC does not turn up to a set aside hearing, but you must be well prepared and know what the Judge wants to hear, and also do ask for your COSTS (including your £255 fee if you do not qualify for help with court fees*) to be paid by the Claimant or at least 'reserved' pending the claim the continuing - and if the Claimant defaults on the court process, or discontinues (very common after a set aside) you want your costs paid! So make sure the Judge knows this is likely and to protect your costs by Ordering the dates by which the Claimant can continue the claim - but that they must pay your set aside hearing costs, in the event of a discontinuance.

* It's a NO-BRAINER to get a CCJ set aside if you qualify for free court fees, and lost of people do! (low income):

https://www.gov.uk/get-help-with-court-fees

https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

The_Deep

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP, it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

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

Coupon-mad

Read henrik777's posts about mandatory set asides and the person with the CCJ should email the parking firm to see if they will agree, as per a post only this week showing how to word it, to make them think it's cheaper to agree.