Challenge Private Company parking Invoice

JJ02

After a 16 minute visit to a hotel car park, where I did not leave the car as I was waiting for a passenger, a parking was charge notice was issued in May 2019 by Civil Enforcement Ltd. It only came to light in September 2020 that a CCJ was on credit file. This has been challenged as subsequent notices had been sent to an old address. The invoice had increased to £285 and a CCJ lodged. The Company have agreed to reduce it to £175, but insisting this must be paid. Are there any further measure to take to have this rescinded.

Umkomaas

If the CCJ has been on your credit file for more than a month, paying CEL anything will not remove it whatsoever. It's still stuck there for the next 6 years. I bet CEL didn't tell you that when they offered you a 'bargain offer to settle', eh?  Do not pay that until you receive further advice. 

You need to read up on 'set asides' in the NEWBIES FAQ sticky, second post, to get you started on the process. 

Redx

It's either a with a £100 consent set aside order , or a £255 contested set aside , paying it will only mark it as satisfied , it won't remove it

Read the Newbies FAQ sticky thread near the top of the forum regarding set asides , plus the dozens of hundreds of similar threads on here

nosferatu1001

The only way to remove the CCJ is to get a set aside, with or without consent. 
You have a very limited time to apply for a contested set aside under CPR13.3 grounds, and you have given us no indication as to how long after you moved the claim was lodged, as to whether CEL should have looked for your address. If yes, then you have a CPR13.2 reason for set aside, if not, then you really only have CPR13.3 
NEwbies thread
You MUST take action this week. 

Coupon-mad

Have you missed all the other CCJ set aside threads that we see won every time, and the NEWBIES THREAD section about CCJ set asides, in the second post about court cases? This is easy to deal with and DOES NOT involve paying CEL and their ex-Wonga staff.

AND - CALLING ALL NEWBIES!

Please now make a real difference because not enough people have yet, and time is running out.

An urgent task – deadline approaching in about ten days:

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  Submit comments as soon as you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

HOW TO DO THE SUBMISSIONS:

1. Read the cover letter

2. Read the cover letter again and note the suggested extra questions...and if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list.  

 

If you do nothing else, please comment on:

- the amount of the parking charge levels

- the annexes at the end of the PAS (reading through the whole thing takes hours so if you have nothing to say about the definitions, for example, then skip to more vital points and the annex tables at the end.

- the bit about debt collectors and whether you think PPCs should be allowed to add 'costs' a second time, for the letters that are already within the rationale of the 'parking charge' sum...hmmm...

Responses into the PAS 232 and MHCLG framework documents are not completely straightforward:

On the MHCLG response, you have to answer the questions on a 1-5 scale from strongly agree to strongly disagree, and then put some commentary. No way to upload documents or alternatives but this doesn't take long.

 

 On the PAS 232, you have to click on each clause and sub-clause to put your comments, and a suggested rewording of their draft.  You can see comments which other people have written!   But, when you click ‘submit’, a message pops up to say your comments have been received, but that only applies to the particular clause you have just addressed.  

You have to go back up and find the next section, then the next...

You have to click ‘submit’ separately for each individual clause response.  Some people will be caught out by this but can revisit it and add further responses up to 12 October.

 

Things to think about:

A Speeding fine is £100.  A Local Authority lower rate parking penalty is £50.  Which do you think a private PCN should be like or do you think it should be something different?  

Do you think if all payment methods are not functioning that PPC can 'fine' you?

 

Do you think the examples mentioned in the cover letter are right and need adding to the Annex?

 

etc. etc.