CCJ ON CREDIT FILE

sheila23

Hi, 
I have noticed yesterday that a county court judgment is on my credit file.
I received about 18 months a parking charge for overstaying on a ‘free car park’  in March 2016, I ignored the letters I received, and had no correspondence with the company (observices parking consultancy ltd).
on 2nd April I received a claim form, it says on it that I agreed to pay within 28 days! How could I have done that without speaking to them I’ve no idea! 

I received a ‘judgment for claimant’ dated 23rd April saying I must pay the claimant £309.29.

I'm not sure what to do, have I been stupid in ignoring these letters? 

Any help would be really appreciated.
 Thank you.

DoaM

You actually received replies on the thread you hijacked ... bottom line is, pay the judgment ASAP so that it doesn't remain on your file, as this will affect you for 6 years. (The judgment only remains registered if you fail to pay in time; if you pay late it still remains but is marked as Satisfied ... so paying late and not paying have the same basic effect. Paying in time means your credit record is not impacted).

You have almost no scope to get this set aside as you wilfully ignored a court claim.

Redx

Pay it in full asap to avoid credit issues for 6 years

Never ignore court papers

nosferatu1001

Pay the judgement, this week. Take it as a lesson to NOT ignore claim forms. 

Ralph-y

unless there is another reason for ignoring the letters/forms then the advice above is sadly right ....

you now at least have the chance to quick read the newbies discussion in readiness for next time

the newbies thread/ discussion

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou

visit then book mark ...

Ralph

Coupon-mad

I just added on the other thread that you might (tenuously, and it's not guaranteed) have grounds to set the latest new CCJ aside due to lockdown/delayed post/any family distractions or if you are a keyworker during lockdown.  That - plus the abuse of process of the exaggerated sum - would probably meet the criteria IMHO for 'any other good reason' to set aside a CCJ.

The 2016 one, email the parking firm - find out who it is from the CCBC - and ask for a subject access request relating to the car that you are the registered keeper of, as you have discovered a 2016 CCJ and need to see the photos, letters and data held.  Attach a copy of your V5C logbook as proof that you are/were the keeper of that car.

I did just have another thought about these darn expensive set asides.  Something to mull over:  

This victim could:

(a) pay the NEW one off within the necessary 30 days to avoid a CCJ, by ringing the PPC up and paying 'under protest' then;

(b) try a small claim against the parking firm for the new £309.29 CCJ sum (causing actual financial loss and severe distress during lockdown when this CCJ was discovered) given that the Claimant added an unlawful false sum in 'costs', and as such the sum of £309.29 was never recoverable.  This exaggerated claim was speculative at best and issued in terrorem of the Defendant during lockdown when post was delayed, consumers and keyworkers were havily burdened with other concerns, but the Defendant then had no choice but to pay it off within a month to avoid a CCJ remaining on their record.  The D would always have defended this unfair PCN had this claim not been timed to arrive during an especially vulnerable and distressing time, and there were always grounds for defence due to the claim being an abuse of the court process.

Such a claim would have to be properly pleaded, concentrating on abuse of process (exaggerated claim) and distress under the PFHA as well as breaches of the CRA 2015 and the CPUTRs, but the OP could start with a Letter Before Claim that spells out the intentions.   

That would be cheaper than a set aside (free to people who have a low income and qualify for help with court fees - easily checkable online).  Might work in this current case and in some others, as long as people don't start firing out badly pleaded claims.

It would be cheaper for a PPC to agree to set aside the CCJ and pay the filing fee for the Defendant, than to fight a claim like that which could be for over £309, given the sum added for distress.

nosferatu1001

Im hesitant to move towards a properly in this case awarded CCJ being counted as damages. That way lies...difficulty in process. 

DoaM

C-m ... I'm not sure that there are two separate CCJs; I think there's just the one, which resulted in a default judgment last month. (Perhaps the OP can confirm?)

D_P_Dance

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, but 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.