CCJ added on Nov 2020 that i dont recognise

ThisnotThat

taztheman said:

Deleted_User said:

 you need to stop wasting time on trying to prove that you didn't get the letter or that the car couldn't have been there.

Not trying to prove that i didn't get the letter, i understand it is hard to prove. What i am trying to prove is that there is no way that my car was on the alleged location  (we don't have any family or friends that we would visit in the alleged city so why would i believe for this to be even possible). Which is why i am trying to contact civil enforcement ltd for them to supply any evidence, i.e. a photo of the car in the alleged location.

What you're not seeming to get is that if the letter was sent, then the rest of it is irrelevant. You need to have a reason for not dealing with this AND a defence to get this set-aside. If you only have a defence against the claim your request to have it set aside will not be granted.  If you only have a reason for not dealing with it but no defence your request will not be granted.  It needs to be both.

As to your reasons why you got this thread unlocked, I don't care at all.  I never asked why, I just said I fail to understand why you would.  You've only listened to posters who are telling you what you want to hear but even then, there is absolutely no point in this thread continuing until you get information about the "offence" from the parking co, including when they sent you letters.  Until then, nobody can help you, if you can be helped.

taztheman

ThisnotThat said:

As to your reasons why you got this thread unlocked, I don't care at all.  I never asked why, I just said I fail to understand why you would.  

To me you failing to understand, translates into, why you don't understand. Hence i answered in the hope that you would understand. Appears it still hasn't.

ThisnotThat said:

You've only listened to posters who are telling you what you want to hear but even then, there is absolutely no point in this thread continuing until you get information about the "offence" from the parking co, including when they sent you letters.  Until then, nobody can help you, if you can be helped.

Its my prerogative to listen and understand all views presented on the thread. Your single-point-view right from the beginning of this thread has been along the lines of forgetting about it and ignoring it for the next 6 years. That view doesn't appeal me. I could have chosen the 'ignore' route by not even bothering to come onto MSE forum for this matter. The fact that i did, should tell you that i am not interested in ignoring it as i just don't like the idea of a CCJ shown on my credit report and affecting it negatively for the next 6 years (it already has affected the score by registering a 200 point drop).
The other view is that there is a possibility of this being set aside (referring to the posts by PhilW and brianposter). That view appeals me, for which i have decided to request the Parking company/court to supply me the documentation/information on the said case. The responses will come back, for which i will be reverting to this thread to update. Hence the thread need not closing.

[Deleted User]

taztheman said:

ThisnotThat said:

As to your reasons why you got this thread unlocked, I don't care at all.  I never asked why, I just said I fail to understand why you would.  

To me you failing to understand, translates into, why you don't understand. Hence i answered in the hope that you would understand. Appears it still hasn't.

ThisnotThat said:

You've only listened to posters who are telling you what you want to hear but even then, there is absolutely no point in this thread continuing until you get information about the "offence" from the parking co, including when they sent you letters.  Until then, nobody can help you, if you can be helped.

Its my prerogative to listen and understand all views presented on the thread. Your single-point-view right from the beginning of this thread has been along the lines of forgetting about it and ignoring it for the next 6 years. That view doesn't appeal me. I could have chosen the 'ignore' route by not even bothering to come onto MSE forum for this matter. The fact that i did, should tell you that i am not interested in ignoring it as i just don't like the idea of a CCJ shown on my credit report and affecting it negatively for the next 6 years (it already has affected the score by registering a 200 point drop).
The other view is that there is a possibility of this being set aside (referring to the posts by PhilW and brianposter). That view appeals me, for which i have decided to request the Parking company/court to supply me the documentation/information on the said case. The responses will come back, for which i will be reverting to this thread to update. Hence the thread need not closing.

The "score" is meaningless, 200 + or - is irrelevant, no lender ever sees it. Even a CCJ, particularly one that is settled, has less of an impact over time and in a year or two, it's unlikely you'd have much of an issue with credit if your file is otherwise well maintained

Set aside is fine, you pay for it yes but you have already been told (per sourcrates post on 4th June on the first page) that judges don't like people trying to set asides which realistically have no chance of being overturned. You can argue the toss over point one (though a mail forward would have been sensible given you said yourself you might not be in the ME for a huge time) but how are you going to defend point two ("a reasonable chance of success")? The parking company will have a photo of your car / reg with the parking infringement so unless you can prove the car plate was cloned, but all the criminal did was go to a location that is easily reachable from your house, overstay in a car park, then never used the plate again, then how do you intend to defend this? Are you intending on flying back to the UK to attend court to argue that your wife totally didn't drive somewhere which is within an hour of your house, while you were thousands of miles away and then just didn't admit it to you? If she has a driving licence and was insured on the car that is a fairly good argument that on the balance of probabilities (given a car with your plates on was on the scene) that the ticket is valid. Your only real hope is the firm agree to a set aside by consent on the grounds you'd have paid the CCJ if you'd known but no guarantee of that.

taztheman

Deleted_User said:
though a mail forward would have been sensible given you said yourself you might not be in the ME for a huge time 

huge time could be 6 years for some or 20 years for others. bottom line is that i am a non-resident UK Citizen since June 2019 and this continues to be the case until today and it will be for few years. 
 Deleted_User said:

 The parking company will have a photo of your car / reg with the parking infringement so unless you can prove the car plate was cloned, but all the criminal did was go to a location that is easily reachable from your house, overstay in a car park, then never used the plate again, then how do you intend to defend this? 

This can only be proven or otherwise by SAR, if i don't ask i wont know. Which is why at the very least i ought to ask CEL for some evidence for the PCN.

PixelPound

taztheman said:

Deleted_User said:
though a mail forward would have been sensible given you said yourself you might not be in the ME for a huge time 

huge time could be 6 years for some or 20 years for others. bottom line is that i am a non-resident UK Citizen since June 2019 and this continues to be the case until today and it will be for few years. 
 Deleted_User said:

 The parking company will have a photo of your car / reg with the parking infringement so unless you can prove the car plate was cloned, but all the criminal did was go to a location that is easily reachable from your house, overstay in a car park, then never used the plate again, then how do you intend to defend this? 

This can only be proven or otherwise by SAR, if i don't ask i wont know. Which is why at the very least i ought to ask CEL for some evidence for the PCN.

Although there is the principle of the matter, if you are not going to return before 2026, then it would be easier to wait it out.

Are you reliant on a SAR as it may not provide you what you need, and you need to consider what to do in that case.

ThisnotThat

taztheman said:

ThisnotThat said:

As to your reasons why you got this thread unlocked, I don't care at all.  I never asked why, I just said I fail to understand why you would.  

To me you failing to understand, translates into, why you don't understand. Hence i answered in the hope that you would understand. Appears it still hasn't.

ThisnotThat said:

You've only listened to posters who are telling you what you want to hear but even then, there is absolutely no point in this thread continuing until you get information about the "offence" from the parking co, including when they sent you letters.  Until then, nobody can help you, if you can be helped.

Its my prerogative to listen and understand all views presented on the thread. Your single-point-view right from the beginning of this thread has been along the lines of forgetting about it and ignoring it for the next 6 years. That view doesn't appeal me. I could have chosen the 'ignore' route by not even bothering to come onto MSE forum for this matter. The fact that i did, should tell you that i am not interested in ignoring it as i just don't like the idea of a CCJ shown on my credit report and affecting it negatively for the next 6 years (it already has affected the score by registering a 200 point drop).
The other view is that there is a possibility of this being set aside (referring to the posts by PhilW and brianposter). That view appeals me, for which i have decided to request the Parking company/court to supply me the documentation/information on the said case. The responses will come back, for which i will be reverting to this thread to update. Hence the thread need not closing.

You've not listened to or understood the views presented in this thread.  At least those that don't agree with you being a hard to do sucker of a parking company.

And you never will.

And you'll waste thousands of pounds being proven wrong. But we all know that in a few weeks or months you'll be back to tell us we were all wrong, you were right and that's that.

Such is liffe.

taztheman

nic_c said:

Although there is the principle of the matter, if you are not going to return before 2026, then it would be easier to wait it out.

Are you reliant on a SAR as it may not provide you what you need, and you need to consider what to do in that case.

yes, i fully understand this aspect. If i was sure about this i.e. not returning before 2026 i would not bother with this matter. However as mentioned in the earlier posts, me staying out of UK until or after 2026 is dependent on few external factors, one of which is the job market out in the ME region.
Regarding SAR, you are correct that it may not give me the info. (or the answer) that i need. Nevertheless i got in touch with the CCBC Northampton yesterday, they said they will look to see if they can email me the claim pack that would have been sent when the the CCJ was initiated by the claimant. So that claim pack (i am told) will have all the details relevant to the claim. Again, more information on my disposal which will help (at least) with the facts surrounding the claim/PCN.
Whether i decide to fight or not will be determined at that stage i guess.

PixelPound

taztheman said:

nic_c said:

Although there is the principle of the matter, if you are not going to return before 2026, then it would be easier to wait it out.

Are you reliant on a SAR as it may not provide you what you need, and you need to consider what to do in that case.

yes, i fully understand this aspect. If i was sure about this i.e. not returning before 2026 i would not bother with this matter. However as mentioned in the earlier posts, me staying out of UK until or after 2026 is dependent on few external factors, one of which is the job market out in the ME region.
Regarding SAR, you are correct that it may not give me the info. (or the answer) that i need. Nevertheless i got in touch with the CCBC Northampton yesterday, they said they will look to see if they can email me the claim pack that would have been sent when the the CCJ was initiated by the claimant. So that claim pack (i am told) will have all the details relevant to the claim. Again, more information on my disposal which will help (at least) with the facts surrounding the claim/PCN.
Whether i decide to fight or not will be determined at that stage i guess.

It will have the Claimant on, and the Particulars of Claim which state what they say you are owing, etc. You may well already know most of it.

taztheman

I have received the SAR from CEL, the pic below was taken by the parking attendant. The pictures we have of our car show the number plate is a plane yellow background throughout (front and back plate), as per image 2.

Further differences are easy enough to spot on the front photo.

The big question, does it change anything? If yes, what would be the best way forward.

taztheman

Front images.

Image 1 from CEL, image two is our personal photograph of the front.