County Court Claim - Parking Eye / Birchanger Service Area Bishop Strotford

estevenin

So.

- Phone call was inconclusive. They were willing to put a tech team into it, however, after the agent spoke with a manager, he refused if there is no receipt received by me. I once again argued that, I did send it, I had evidence and that the mistake was technical from their side and they must fix it. They basically said "I understand, I apologize, but that's what is it". I argued every single point mentionned here, late reply was not an issue, instead the lack of bounced back email was. I insisted on speaking to that manager in question, this was refused, they said they could only scheduled for me to be called back within 48 hours, for this to happen. Which I did. Let's see if that's the case, I just think that the will into putting the ressources into this is just not there.

- In parralel I also insisted by email and received that answer:

Having looked at the case i can see that we received a Defence from yourself on 02/08/2021. This would have been processed on the day of receipt.

We did not receive a Defence any earlier than that, if you did send it to us via email and can provide us with the bounce back email received after sending, we can look into the matter further.

If you do not have this the next step now for removing the judgement will be to make the application.

I could easily forward them the one from yesterday with other dates however, I'm not too keen on playing that game. They basically say they same by mail and phone, this must be some kind of procedure. A procedure without logic because, if I had received an automatic reply, then I wouldn't need them to look into the matter further.

So it seems like a dead end through that route. As mentionned earlier by some of you in the thread, the lack of receipt is the issue here, the snake is eating its own tail.

- Citizen Advice was of little help as they are not providing legal advice either, however they looked into the matter, and they think that, if I do apply for a set aside and it is refused, then I will indeed not be able to remove the CCJ anymore, as the 30 days limit would have passed. It would instead be marked as "resolved" and stay there, but not removed. However she could no say with certainty, is was only a though from the infos her and her manager could find.

If that is the case, I no longer have an other option but to surrender to the rackett. Without a fight (But with precious training and knowledge for the next one).

- I will give myself 2 more days to receive a call back from a manager to see if something can grow out it and in the meantime find the legal stuff if the set aside request is lost. If I can try without risk of the CCJ remaining, I will fight, even if the cost of the set aside is higher than the actual rackett.

I will take further action at that time and update this post accordingly.

Thank you again all for your support.

Redx

ok thanks

that CCJ definitely needs to be paid within the 30 days if the CCBC do not reset the clock AND IT WILL NOT GO ONTO YOUR CREDIT RECORD EITHER !!

After 30 days , it will be marked as SATISFIED if paid,  so I suppose you could call it RESOLVED , but not EXPUNGED , meaning it will affect your credit record, hence the advice on a set aside route, but would still need to be paid and asked for costs and refunds if you won later down the line (I believe)

Coupon-mad

You could always sue the landowner for the actions of their agent, and causing this loss.

estevenin

Hi all,

Just posting an update after the closure of this case. Without securing any information about the consequences of going through the set-aside route, I was forced to pay.

The CCJ was indeed removed. However the credit score remained affected, not fully, but by around 50 points. I waited a few months to let the chance for any further update but it hasn't changed. 

Just posting as an information for people going through this post going for the appeal route.

It's a shame this case didn't go through, but I will be ready for next time.

Thank you all again for the follow ups, and I hope this post can help others