Please can someone help me and give advice on CCJ

josiedeakin

Hi All,
I have today checked my credit file and have found that I have a CCJ, which I knew absolutely nothing about!
I have recently fled an abusive relationship and have become aware that my ex-partner was tampering with my post - this is possibly why I never received any correspondence regarding this. The CCJ is in relation to an unpaid parking charge - which he was responsible for as he drove my car. I rang the parking company and advised them it was he who was driving and assumed they would pursue him - I have not heard anything since.
I am going to apply to the court for the CCJ to be set aside, has anyone else done this before and has any advice? Is there any likelihood of this being removed? I am actually very good with money and would pay the whole lot off in full to put this nightmare behind me.
Any help or advice much appreciated. 

sourcrates

Post moved to parking.

Fruitcake

I believe there is a section about applying for a set aside in the second post of the NEWBIES sticky thread.
A set aside will cost you £255. Hopefully you would get it back if you win, but you must show you have a good chance of winning the original parking case.

To find the NEWBIES, click on the link near the top left of this page that looks like this,



then click on the NEWBIES thread (but do not post on it) and start reading.

Coupon-mad

I am going to apply to the court for the CCJ to be set aside, has anyone else done this before and has any advice? Is there any likelihood of this being removed

Almost certainly you can get this removed.  Read the NEWBIES thread on this parking forum (your post has been moved here) and stop reading the debt/credit ratings boards.  This is not a 'real' debt, and nor are the credit rating posters best placed to advise you.  We are.

hansolo2000

Is it possible for you to go bankrupt 

there is talk of being fast tracked as there is an avalanche coming

D_P_Dance

There are hundreds,  perhaps thousands, of similar posts on here, including some with exactly your same circumstances.  You may qualify for assistance with the court fees.  

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.

Johnersh

hansolo2000 said:

Is it possible for you to go bankrupt 

there is talk of being fast tracked as there is an avalanche coming

😱
Wow. Methinks this hans solo isn't using the force.  🙄

The only risk of avalanche is on K2 and he'd do well to remember the old slogan 'careless talk costs lives' ... 

Its possible for anyone to go bankrupt, but without knowing the o/p's full financial position it is absolute nonsense to suggest that (a) any parking company would petition for bankruptcy on such a modest sum or (b) that they would actually get it.

Since the debt is in fact somebody else's the prospect of a set aside is at least reasonable.  It is worth checking whether the o/p is entitled to fee remission and can therefore apply to court for free. 

Coupon-mad

josiedeakin said:

Hi All,
I have today checked my credit file and have found that I have a CCJ, which I knew absolutely nothing about!
I have recently fled an abusive relationship and have become aware that my ex-partner was tampering with my post - this is possibly why I never received any correspondence regarding this. The CCJ is in relation to an unpaid parking charge - which he was responsible for as he drove my car. I rang the parking company and advised them it was he who was driving and assumed they would pursue him - I have not heard anything since.
I am going to apply to the court for the CCJ to be set aside, has anyone else done this before and has any advice? Is there any likelihood of this being removed? I am actually very good with money and would pay the whole lot off in full to put this nightmare behind me.
Any help or advice much appreciated. 

Please read our replies (except the 'odd' one by hansolo) and read the NEWBIES THREAD 2nd post, go down to the heading there in the pinned staicky thread, about setting aside a CCJ and read the three linked examples.  And check if you qualify on low income grounds for paying no fee at all and if not, you can ask the Judge to order the £255 back...can be done...not guaranteed the Judge will be with you on that but they are almost always with posters here re CCJ set asides v parking firms. 

I can only recall two (wrongly) refused by Judges in many years of seeing set asides done here, and IMHO any Judge who strikes out a consumer defence or refuses to set aside a parking firm CCJ where the claimant has exaggerated the claim by £60 false 'debt costs' is in breach of their duty under s71 of the CRA 2015.

IMHO, no set aside applications about parking cases should be refused - due to the unfairness test blowing apart the quantum of the CCJ - but you need to argue it properly to be sure.   And the sticky thread links show you exactly how (NO LINK GIVEN OR NEEDED).