Parking Charge Notice and CCJ Issued

fr33zy

I recevied two parking charge notices dated June 2019 from a private car park (not PCN's from the council)

I was of the understanding that these were not enforcable, so I ignored them.  They usually just stop bothering you after sending a few letters from experience.

This one is different, they have pursued this through solicitors, who obtained a CCJ against me on behalf of their client in May 2022. 

I have been out of the UK for several months and on my recent return, having checked my Experian credit report, a CCJ is on my file related to this case.

What are my options? I have read a little bit about appealing this through the courts, having it "set aside" but its been so long since the fines were originally issued, I do not know the basis of which I can appeal or if its worth doing so. 

Coupon-mad

Welcome! You are not correct to ignore private parking tickets and we haven't advised that since 2013.  Had you told the PPC you'd moved abroad (as you should have) you'd never have got a claim or a CCJ.

What to do depends on whether a CCJ in England (I assume?) matters. If your permanent domicile is or will be abroad, or will be, and your finances are unaffected as you don't need credit here, then ignore it.

Otherwise, read the 2nd post of the NEWBIES thread, finding the part about setting aside a CCJ. It costs a £275 court fee unless you are on a low income/low savings.

Recent threads like yours, worth reading right through:

@Jack5656
@eb23456
@msx999
@paulr23

fr33zy

Thanks for the reply! I have tried reading the threads but its a little bit too overwhelming with information.

I have been outside of the UK since November 2020.  It was intended as a short break away during lockdown but has extended.  I still not have returned to the UK as I write this, but am planning to come back soon.  I did not technically move abroad, I still have my home in England but have just been away for an extended period of time and didn't return (yet)

I had someone check my mail occasionally, but this lapsed in recent months and only yesterday has this CCJ come to my attention. 

Obviously it matters and I would like to get it set aside.

I will read the threads you mention in more detail but for the moment, the questions I have are...

1) Am I still liable to pay this fine which has now escalated to over £500, or does setting aside remove the requirement to pay?

2) Now the CCJ has been issued, is my only recourse through the courts?

3) What does setting aside aim to achieve?.  Just having the CCJ removed, or the actual fine itself, or both?

I think once I understand the basis of what I am doing based on my situation, I will have a clearer understanding of what information I should focus on reading.

Fruitcake

fr33zy said:

1) Am I still liable to pay this fine which has now escalated to over £500, or does setting aside remove the requirement to pay?

2) Now the CCJ has been issued, is my only recourse through the courts?

3) What does setting aside aim to achieve?.  Just having the CCJ removed, or the actual fine itself, or both?

I think once I understand the basis of what I am doing based on my situation, I will have a clearer understanding of what information I should focus on reading.

1 It is not a fine. If you do not pay the CCJ, you may get a court order issued against you and court appointed bailiffs turn up with a warrant of control. 

2 No. If you pay it, the CCJ will be marked as satisfied but limit your ability to obtain credit for six years.

3 A set aside will reset the clock to the point where you have no CCJ, and then have the chance to fight the original court claim for the PCN, which you may or may not win.

You can apply for a set aside because the claim form was not properly served since you were out of the country at the time. You could ask the PPC for a set aside with consent, which I believe costs £100 if they agree.

If you succeed in getting a set aside, and win the claim, you may or may not get back the cost of the set aside.

fr33zy

Fruitcake said:

1 It is not a fine. If you do not pay the CCJ, you may get a court order issued against you and court appointed bailiffs turn up with a warrant of control. 

2 No. If you pay it, the CCJ will be marked as satisfied but limit your ability to obtain credit for six years.

3 A set aside will reset the clock to the point where you have no CCJ, and then have the chance to fight the original court claim for the PCN, which you may or may not win.

You can apply for a set aside because the claim form was not properly served since you were out of the country at the time. You could ask the PPC for a set aside with consent, which I believe costs £100 if they agree.

If you succeed in getting a set aside, and win the claim, you may or may not get back the cost of the set aside.

Ok its starting to make more sense now.  I will go for a set aside, on the basis the claim form was not properly served which seems better than bailiffs or a satisifed CCJ on my file.

I understand a set aside will cost me £275 (or less if I am on low income).  When I return to the UK I will be unemployed but not on benefits so if I sign-on, it should reduce those costs.

Who is the PPC?  The claimant or the solicitors?  Claimant was Private Parking Solutions who passed it onto xxx solicitors who obtainted the CCJ and are requesting the payment be made to them.

Judgement for Claimant (in default)

You have not replied to the claim form

It is therefore ordered that you must pay the claimant £327.75 for debt and interest to date and £117 for costs.

Coupon-mad

I understand a set aside will cost me £275 (or less if I am on low income).  When I return to the UK I will be unemployed but not on benefits so if I sign-on, it should reduce those costs. 

Perfect! As long as you are imminently returning - this month? - do it then, and re-read the 4 threads I linked for you and will all make more sense.

One major requirement is that you MUST act 'promptly' straight after finding out about the CCJ.  Undefined - but it's not months.

Fruitcake

Acronyms and abbreviations common to this forum can be found in the fifth post of the NEWBIES thread. Print them off or write them out, as the regulars will use them a lot.

fr33zy

I see PPC means Parking Place Commission, but I still do not know who this is, the claimant or the solicitor?

fisherjim

Parking Place Commission is American, PPC here means Private Parking Company

Coupon-mad

fr33zy said:

I see PPC means Parking Place Commission, but I still do not know who this is, the claimant or the solicitor?

@Fruitcake told you yesterday, where the parking forum acronyms list is.