Euro car parks decree

OziPozy

Long story short I was summoned to the small claims court in Scotland last summer (date end of October) for £600 by Euro Car Parks but was busy with family life, new baby, work etc. and forgot all about it. Letter came in to say decree had been granted against me in November. Stuck it in a drawer to deal with but same again, family, covid etc and forgot about it. Only now realising it's had a major impact on my credit file and likely my ability to secure a mortgage to move in the next few months. It looks like I'm now timed out of paying it off in time to be set aside. If I approach the company direct what's the likelihood of them giving the registry trust a letter to say it was pursued in error and any advice on tactics etc? Thanks in advance. 

Redx

I am afraid that the members here on a parking forum know very little about legal matters , especially not the sheriff system in Scotland , where you have different laws and procedures etc , especially because this was probably in your Simple procedures for small claims

I would suggest that you try a Scottish law centre , Scottish solicit , or legal beagles forum , for legal advice , especially because devolution has altered the ways each nation works , like the COVID restrictions , income tax etc

I doubt that ECP will have any interest in the matter , apart from wanting you to pay the judgment in full

OziPozy

Thanks, just thought some may have experience in negotiating with car park creditors re: removing CCJs etc. 

Redx

OziPozy said:

Thanks, just thought some may have experience in negotiating with car park creditors re: removing CCJs etc. 

We do , in England and Wales , not Scotland

Removing a CCJ down here is complicated and can be expensive , but in Scotland ones we have no idea !

I suggest that you add , in Scotland , or similar , to your discussion title , location matters

Pedant mode , in Scotland they are not CCJ,s , they are a decree as you said earlier

Coupon-mad

OziPozy said:

Thanks, just thought some may have experience in negotiating with car park creditors re: removing CCJs etc. 

Trouble is we don't know anything about Scottish law and even in England, getting consent from the Claimant to set aside a CCJ doesn't guarantee that the Court will allow it.

We saw one refused in England this year despite both sides consenting to set aside the CCJ.

Hopfully you can get help from one of the free Scottish law centres.

Le_Kirk

This may help: -
https://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/general-faqs/money-judgments-and-certificates-of-satisfaction-faqs

For information about recalling a decision of the sheriff in a Simple Procedure, you should read rules 13.5 to 13.7 of the Simple Procedure Rules

OziPozy

Le_Kirk said:

This may help: -
https://www.scotcourts.gov.uk/taking-action/frequently-asked-questions/general-faqs/money-judgments-and-certificates-of-satisfaction-faqs

For information about recalling a decision of the sheriff in a Simple Procedure, you should read rules 13.5 to 13.7 of the Simple Procedure Rules

Thanks - I'll give them a call tomorrow and see if they'll give me a letter for the Registry Trust. Here's hoping!