CCJ for parking fine which I paid.

Haggis8383

Hi, I had an alert on my credit file the other evening and found a CCJ from the 14th June 22. A little digging and I discovered it was for a parking charge that I had paid previously and have evidence of the payment before the deadline and the correspondence with the company whos car park it was.

I did not receive any paperwork for the CCJ or final demands as I had moved house one month prior to paying the charge.

The total cost of the CCJ was £289 and I've already paid the £60 fee that was agreed with the car park itself.

I spoke to county court and asked if I could claim the £275 court fees back from the claimant if I was succesful at getting the CCJ discharged but the lady told me should couldn't give me legal advice on that.

I am currently in the position of looking at a a new car and also switching the mobile phone contracts around and since finding out about this CCJ I've had to put that on the backburner as my credit rating is ruined because of it.

I have two questions that I'd be very grateful for some advice on.

1. Can I reclaim the court fees of £275 from the claimant should the judge find this CCJ has been issued wrongly.
2. Can I claim compensation from the solicitors who have stuck this CCJ on my credit file wrongly?

Tia

Coupon-mad

I think that's the wrong approach!

You should contact the parking firm with your evidence that you paid it and TELL THEM to sort this farce out at no cost to you by providing a consent order and they must pay the £108 fee to remove this.  I'd also ask for a low three figures sum in compensation for distress caused by this wholly unreasonable abuse of your data. Say £250.  As was awarded in Simon Clay v Civil Enforcement Ltd which didn't even involve the abuse of a CCJ (so your case - and their abuse - is far worse).

Tell them this would have value to them because you are due far more.

They also didn't bother to check your correct address for service nor attempt to trace and contact you prior to the litigation.  A soft trace costs just 29 pence. Their conduct is appalling.

Tell them they have 14 days to respond and if they refuse or delay, you will have no option but to proceed with a £275 N244 application and as well as setting this unlawful CCJ aside you will defend and counterclaim in order to recoup actual losses as well as compensation for distress, and will force the matter to a second hearing due to the counterclaim to put things right.

You will counterclaim for not less than £600 for severe distress as a result of data abuse, harassment and to cover the actual financial effect and losses suffered (being barred from car loan credit abd unable to move to a better phone contract) as well as claiming your full costs due to their wholly unreasonable conduct.

To avoid this, you expect them to reply within 14 days, immediately concede their errors and apologise, provide the necessary consent Order, make and pay for the £108 court application and settle up by paying you compensation of £250, to right this wrong.

You also reserve the right to publicise this matter and will be complaining to the ICO, DVLA and your MP and will not sign any form of gagging order.

Shakin_Steve

And please let us know the outcome, it's really helpful to people who suffer the same treatment in future.

Haggis8383

Hello

I responded to you on Thursday and I don't think you're treating this with the urgency that it deserves.
 
Your wholly unreasonable and negligent conduct has caused me harm and I expect you to remedy the situation accordingly. The harm caused could have been reasonably foreseen as a direct consequence of your actions, and you must now act to put me in the position I was before the harm occured. Specifically,


 - You must, at no cost to me, provide a consent order and pay the £108 fee to remove this CCJ.
 - Further, I expect you to provide compensation for distress caused by this wholly unreasonable abuse of my data.

If you refuse or delay I'll have no option but to proceed with a £275 N244 application and as well as setting this unlawful CCJ aside I'll defend and counterclaim in order to recoup my actual losses as well as compensation for distress.

I'll counterclaim for no less than £800 for severe distress as a result of data abuse, harassment and to cover the actual financial effect and losses suffered as well as claiming my full costs due to your unreasonable conduct.

To avoid this I expect you to reply within 14 days, immediately concede your errors and apologise, provide the necessary consent order, make and pay for the £108 court application and settle up by paying me compensation of £400.

I also reserve the right to publicise the matter and will be complaining to the ICO, DVLA and my MP and any settlement agreement reached between us must not contain any covenant or restriction on my ability to publicise this matter in any manner I see fit.

Sincerely
*

Have sent this off today. Thanks for the advice so far and will keep you updated.

D_P_Dance

You apoear to have tthem by the short and curlies, complain to your MP, Trading Standard y and go for the jugular 

Haggis8383

Well one week after sending the email and they've not even bothered their !!!!!! to acknowledge it. They really are scumbags.

Half_way

Who's car park was this?

Haggis8383

Half_way said:

Who's car park was this?

Metrocentre Gateshead.

KeithP

Haggis8383 said:

Half_way said:

Who's car park was this?

Metrocentre Gateshead.

But their website says...



However, there is some small print...

Where did you park?

Haggis8383

KeithP said:

Haggis8383 said:

Half_way said:

Who's car park was this?

Metrocentre Gateshead.

But their website says...



However, there is some small print...

Where did you park?

Yes, the charge isn't disputed. I have corespondence with the Metrocentre who got the fine reduced for me if I paid in seven days which I did.

Coupon-mad

That's not what we mean.

We mean, look, they advertise free parking 'all day every day'.  The charge should have been disputed.  No-one here would have paid £60.  Never mind...that's history.

But back to to case in hand. If you copied my email you gave them 14 days to respond.  So they have another week. You sent it to the right email? You attached proof of paying the £60?

If no fair response, then crack on with a set aside and state you want ALL your costs and intend to counterclaim.

Another tactic...how about sending a LBC for £600 to the MetroCentre who are responsible for the actions of their agent? Same legal arguments and rationale for you to claim compensation as I mentioned before.

That might focus the PPC's mind if you send a LBC to the Metrocentre with the whole sorry story and hold THEM liable.

I would.