Parking charge - I didn't pay at the machine and didn't to pay online within 24 hours

nellie555sharks

Hi MSE team.

I have received 2 letters from debt recovery plus to my old address (Thankfully the couple that bought it are letting us know when we have things to collect ) We did not receive any letters from Horizon Parking at all and then suddenly these 2 from DR+ appear.

I made a slight mistake (after reading the NEWBIES thread) in calling them to tell them I'm appealing with the original parking company and was met with aggressive tones who spoke over me that got me so !!!!!!*d off that I actually said 'go away' whilst hanging up realising I was dealing with idiots.

As the parking charge was an oversight do I still just ignore unless anything further comes? Do I need to inform them of my new home address?

We did change the licenses straightaway but forgot about the V5's for a few months hence they were sent to the wrong place.

Any guidance would be greatly appreciated even if its as simple as IGNORE IGNORE IGNORE LOL!

Thanks

Coupon-mad

do I still just ignore unless anything further comes? Do I need to inform them of my new home address?

Yes and yes, are the simple answers!

IGNORE but rectify the address and tell both DRP and Horizon's DPO to "erase' the old address. Then ignore again.

nellie555sharks

Hello again, I completely forgot about this and was not notified of your response @Coupon-mad. (Thank You) However my husband has just had a pop up on his credit file that a CCJ has been served on him on the 4th March. The DVLA was updated with our new address but I did not notify the DRP or Horizon or the address change. No further letters were received at the old address.

I have read a great deal on the newbies thread and threads about 'Set Aside' and I have downloaded the N244 form and am copying and pasting lots of information that you and the great team have posted. The info states that they should have done another address search BEFORE proceeding with the serving of the CCJ and I also am about to request a copy of the CCJ to see where it was filed. 

To try and reassure my panic am I still right in fighting this to request a set aside?

I will pull everything together and post again when I have completed my draft, if you give me the reassurance it is still right to fight it.

Thanks to you all for your support.

KeithP

nellie555sharks said:

I did not notify the DRP or Horizon or the address change. No further letters were received at the old address.

Almost unbelievable that nothing was received at the address Horizon had for you.
A Letter of Claim followed by a County Court Claim Form have both somehow gone missing.

To stand a chance of a set-aside you'll need to come up with answers on why that might have happened. The Claimant and the Court may well start by thinking that you ignored stuff. You will need to convince them otherwise.

Coupon-mad

Oh no!  All you had to do was rectify the address and tell both DRP and Horizon's DPO to "erase' the old address...

I don't know why you expected a notification to a forum post.  

Yes, now it will cost you a £275 court fee to apply to set aside a CCJ that was simple to avoid.

But yes you are right.  Set aside is one option.

Ring the CCBC for three things: a copy of the Particulars of Claim to be emailed to you while on the phone; the DATE OF DEFAULT JUDGMENT and the name and address of the solicitor firm acting.

Set aside is one option, unless (sad to say this) you decide to pay the CCJ in full to Horizon's solicitors within 30 days of judgment, in which case it is wiped completely.

But that is giving in to scammers...

Your choice.

nellie555sharks

I hear you, I would not have ignored something else after thoroughly reading the forum given the change of address don't they have to do the search to ensure they are serving on the right address? That's what I have read in all the posts?

Coupon-mad

Yes they did have that burden (under the CPRs and the BPA Code of Practice too) which is why a set aside will likely be granted, if you go that route, AND you might also get the Judge agreeing that they should pay your court fee back.

But my frustration and sadness here is that you knew they were using an old address and you only needed one email to rectify that, whether you'd seen my reply here or not.

When a company is threatening you with court you don't leave them using a wrong address.  Highly dangerous to have done nothing to rectify the address with Horizon and (because we see cases like yours every week) this is what we knew would happen if you left it.

nellie555sharks

Coupon-mad said:

Oh no!  All you had to do was rectify the address and tell both DRP and Horizon's DPO to "erase' the old address...

I don't know why you expected a notification to a forum post.  

Yes, now it will cost you a £275 court fee to apply to set aside a CCJ that was simple to avoid.

But yes you are right.  Set aside is one option.

Ring the CCBC for three things: a copy of the Particulars of Claim to be emailed to you while on the phone; the DATE OF DEFAULT JUDGMENT and the name and address of the solicitor firm acting.

Set aside is one option, unless (sad to say this) you decide to pay the CCJ in full to Horizon's solicitors within 30 days of judgment, in which case it is wiped completely.

But that is giving in to scammers...

Your choice.

Believe me I am so annoyed at myself I can't tell you.

Whilst I want to fight what do you mean it will be wiped completely???

We will need to remortgage before the end of next February so I need to avoid any damage to the credit score and I feel awful that my hubby left it with me and I dropped the ball...I am usually so on it with stuff like this. 

I would pay the £275 court fee to fight as I believe the Ba*****s should be held to account and i'm really pleased you are now on the council with the Government to draft something fairer for us all.

Thanks

Coupon-mad

I also have a huge concern that when you phoned you didn't tell them your new address (did you?) so by responding to their letter and picking up the phone, you were effectively telling their agents that the old address was good for service.

Oh dear.

I mean 'wiped' - like I said - if you pay a CCJ in full within 30 days, it is GONE.

Do what I advised and ring the CCBC in the morning.  They take over an hour to answer.

nellie555sharks

Yes I have completely and utterly screwed up.

 I will pay the search online tonight and call tomorrow and will let you know what they say. Sadly the tempt of clearing it without trace may be my penance for such a f**k up

B789

You will need to get on with your set-aside then. If you pay the CCJ within the 30 days, that will clear it but make it much more difficult to get it back. The CCJ will include charges that wouldn't have been allowed had this actually been defended and lost.

Your set aside options are for a consented one which would cost £180 but you'd probably still have to pay the CCJ and the N244 fee. Another option is without consent which will cost £275 and you still have a very slight risk of not having the CCJ set aside and then being out of pocket for the CCJ and the £275. However, there is a very high probability that the CCJ will be set aside and you'll either get the £275 refunded and either be back at square one with the claim re-served or, even better, the claim is thrown out during the set-aside and you owe nothing.

As far as credit rating, even if you don't pay the CCJ and it is put on your file, as long as it is eventually set aside, all references to it will be expunged from your credit file. It just means that your credit file gets trashed until the set aside is granted.

Choices, choices. What was the original PCN for?