Just discovered Parking Eye CCJ from 14 months ago...

TidyMax

Good afternoon MSE-ers, Apologies for what is undoubtedly a repeat thread, i read the two stickys and only saw one FAQ regarding CCJs.
After applying for a bounce back loan for our business i started to do some credit searches on myself, at the ripe young age of 32 i have never had any form of credit and this has impacted my score. HOWEVER upon paying for Equifax upon the recommendation of my accountant i was horrified to find i had a CCJ!

I have contacted the count claims court and Josh on the phone was really good, i found the case number via Equifax and he informed me it was from Parking Eye and the fee had been paid however the CCJ could not be removed due to it being paid after 1 month or something.

Now we definitely receive more fines than average, we work around the UK and Europe and average 40k miles per van per year, all fines are either contested or settled, what they most definitely aren't is ignored. We have no paperwork at all in regards to this fine but it has clearly been paid. We are currently goign through paperwork to try and locate it now but i can only assume the only fine we have received is from the court AFTER the judgement date as we have absolutely nothing off parking eye. I am more than happy to pay for Court Fees to get this sorted but i don't know where to start. 

Thanks and in advance, Max

Ralph-y

hi, and welcome to the forum ....

for starters ...

there is a section in the newbies thread / discussion re CCJ set aside

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

do some forum searches for 'set aside'  there are dozens on the go right now.

or look on the landing page for them

https://forums.moneysavingexpert.com/categories/parking-tickets-fines-parking

this may be complicated as you are a business ... others will be along to help.

send a SAR to ParkingLies DPO  for what information they hold on you .

please read up .... OBTW they are not fines

Ralph

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.

TidyMax

Thanks for the quick replies. So just to clarify
Court Date was apparently 08/01/19 and it was paid and settled 28/02/2020.
I will complain to my MP gladly but the fine wont have been from within my jurisdiction (Bolton) more than likely it will been London so not sure if that has any bearing on it.
Also, the CCJ is on my personal file, not my business file (Business has Epic credit which was nice to see!)

Redx

Any CCJ has to be paid within 30 days , otherwise it remains on file for 6 years , irrespective of being paid

It's about small claims court , nothing to do with parking , the PCN was the catalyst , but not a fine , just an invoice

Seems to me the CCJ was paid late , approximately 7 weeks instead of 4

TidyMax

The CCJ was paid far later than 7 weeks, the dates show it being over 1 year! The CCJ will have been paid as soon as we have received notice of owing any money. The issue here is we have no correspondence relating to this. No letters, emails, phone calls etc. As it would never have got to this stage.
SO, we didn't know there was even a court appearance! Its like the only letter we received was a letter off parking eye threatening baliffs. Our admin person has paid that. But THAT letter must have been a year after we got the CCJ! Which we were totally unaware of!

Coupon-mad

upon paying for Equifax upon the recommendation of my accountant i was horrified to find i had a CCJ!
The CCJ will have been paid as soon as we have received notice of owing any money. 

That's a shame.  Wrong move. 

You could have asked your accountant or Googled what to do; paying it off is a knee-jerk reaction and NOT helpful to you at all, and now you are thinking about applying to set it aside, months later.

You were meant to act promptly to set it aside (see NEWBIES thread) not pay it which doesn't remove it from the credit record.  The sticky thread pinned at the top of this forum has a whole post about court, including getting a set aside of a CCJ.

Redx

TidyMax said:

The CCJ was paid far later than 7 weeks, the dates show it being over 1 year! The CCJ will have been paid as soon as we have received notice of owing any money. The issue here is we have no correspondence relating to this. No letters, emails, phone calls etc. As it would never have got to this stage.
SO, we didn't know there was even a court appearance! Its like the only letter we received was a letter off parking eye threatening baliffs. Our admin person has paid that. But THAT letter must have been a year after we got the CCJ! Which we were totally unaware of!

There was no court appearance , failure to reply and defend ended up in a default CCJ , an administrative exercise

You need to bone up on MCOL and it's it's procedures , plus what happens when you fail any stages

You cannot just credit cleanse months after an event because it's inconvenient , especially if it wasn't paid within 30 days , because that was the deadline not 8 weeks or 12 months or 16 months later

It is now there for the duration , 6 years

Ralph-y

to add to all the above ....

I missed this

"The CCJ will have been paid as soon as we have received notice of owing any money."

but far to late.

Its hard to see a happy outcome to this .... unless one or two of our legal experienced forum members says otherwise ...

The only upside that I can see is that you can now gen up on this 'murky world of private parking' and be forewarned for next time.... I do sadly wonder how many of these parking invoices your company had paid 

perhaps you should have a quiet word in said accountants and admin persons ear as to the trouble he/she has caused.

telling them to read what you are about to ....

Ralph

TidyMax

Bloody hell. Bad news then. I may pay the £255 just for the court appearance anyway. I wouldn't have had it paid if i had known it was a CCJ. I'm not sure whether it was me or admin who paid it. It will have just been a document, threatening court and paid out of convenience. 
It seems crazy that i can miss a court appearance which we have received no notification for. How can they justify a court appearance if we haven't even been told about it!

"You cannot just credit cleanse months after an event because it's inconvenient , especially if it wasn't paid within 30 days , because that was the deadline not 8 weeks or 12 months or 16 months later"

I can't pay something in 30 days if i'm not aware of it, what am i expected to do, ring the county court once a week to see if we have anything outstanding that we aren't aware of?

Ralph-y

If you still want to fight on then do the SAR to ParkingLies DPO  for what information they hold on you . It might tell you when / where they sent any mail to you.

Paying £255 for a set aside may well be throwing good money after bad .... please wait to see if any one can come up with a valid reason for a set aside .... I am not even sure that you can apply after paying

Ralph