Before I try CCJ set aside...

Wprice83

Hi everyone,

I had a CCJ issued against me in 2018 that I just found out about last month from CEL. Should I contact CEL directly first? If so what is likely to happen? Can they have the CCJ removed? 
I should never have got the fine as I was legitimately visiting the hotel at the time but I can't really prove that as I have no records of the visit. What is important is removing the CCJ asap as I am desperately trying to obtain a mortgage. 

Any advise would be massively appreciated.

Umkomaas

How to deal with a set aside for a CCJ is detailed in the NEWBIES FAQ sticky, second post, which you should read so that you understand the process, then if you have any questions, please ask. Unless you understand the basics, answering one question inevitably raises more.  Whatever you do, do not knee jerk and pay CEL now, thinking this erases the CCJ - it doesn't!

The better prepared you are, the easier you will find this. 

Wprice83

Thanks! Sorry I was just reading newbies then!

Redx

This will take weeks if not months to sort out , by you , repeat , YOU applying for a set aside , of which there are two to choose from

As mentioned above , paying it off will not remove it , but a judge can with a set aside in your favour

eMail a SAR to the DPO at CEL tonight , with copies of 2 recent redacted utility bills as proof of I D under the GDPR law to obtain all your data , including all paperwork , then you will know what it's about

Then think about the set aside route , reading other recent cel set asides on here in the last 15 months to get the idea and what they may reply with , but paying it won't fix it without a judge's intervention , in a court case , you don't have a choice , apart from picking one of two set aside options , here is one saga to get you started

https://forums.moneysavingexpert.com/discussion/6207025/ccj-parking-fine-support/p1

KeithP

So this is now your third thread about this incident.

On your second thread I asked:

KeithP said:

Is this thread discussing the same incident as on the thread you started yesterday?

You have already had lots of good advice but are now asking for it all over again.

Good luck.

Coupon-mad

Whatever you do, DON'T ring up CEL and agree to pay them.  They are a nasty firm and you need to know you can't wipe a 2018 CCJ by paying it.  People who do that make it ten times worse because you lose the leverage you have over CEL.

Do email a SAR to their DPO (see NEWBIES thread) and do that now.

Also email the Hotel if you think they have records of the visit. Or were you visiting a guest, or just there for a drink and no data will be held by the Hotel in their guest book?

Wprice83

KeithP said:

So this is now your third thread about this incident.

On your second thread I asked:

KeithP said:

Is this thread discussing the same incident as on the thread you started yesterday?

You have already had lots of good advice but are now asking for it all over again.

Good luck.

It is. Sorry I since have read through the NEWBIES and I wont post again I promise. This was my first time using a forum and I was fraught the first time!

Wprice83

Sorry to bother everyone’s Friday evening. 

I’ve had this email from CEL. I have never contacted them. I did write to the hotel where the fine originated and explained I was a guest. I know in the NEWBIES post it says about not paying them anything but this reads to me like I pay the £100 and the CCJ and parking fine goes away or am I wrong?

Coupon-mad

That is correct.  The Hotel must have leant on them.  The Hotel would have cancelled this at the start, had you asked them/known about the PCN. 

Up to you but that is the best you will get from CEL unless you want to do a contested set aside and see if the court will order them to pay your £255 back in the end.  You will see that in the 2 examples in the NEWBIES thread that was achieved (and fairly commonly it is) but involves a hearing, takes longer and the Judge may not order your costs back.

And if you feel the Hotel was at fault, as they sometimes don't mention the need to exempt your VRM, you could ask them to pay you the £100 back as a gesture of goodwill once this is all over...and you could even sue the Hotel for causing this loss, if their actions caused it. 

Or you could decide £100 is the best your can do and learn the lesson about updating your V5C logbook quicker next time (if your oversight caused this and was the reason why you never received the PCN at the time).