Paid CCJ - Any Recourse?

mattb666

Hi All, 

I'm in a fairly common scenario it seems - forgot to update V5C after house move, parking charge went to old address and escalated into a CCJ without my knowledge. 

First I heard of it was in my credit report, as it was within 30 days I paid it (£277) to get rid of it. 

Claimant was Excel Parking through ELMS Legal, charge was relating to taking over 10 minutes to pay for parking in a notorious local car park (Siddels Lane, Derby). 

I understand now that I shouldn't have paid but applied to have it set aside - however, do I have any recourse at this stage?

Thanks

Half_way

As far as i know its incredibly difficult to impossible , your credit score will now be affected for the next six years as having a CCJ all be it marked as satisfied.

options could include legal action against the landowner, however this could be an uphill struggle depending upon the how and why you received a parking charge notice

Other's on here may be able to advise further

 

1505grandad

For info  -  "......as it was within 30 days I paid it (£277) to get rid of it."

la531983

Half_way said:

As far as i know its incredibly difficult to impossible , your credit score will now be affected for the next six years as having a CCJ all be it marked as satisfied.

 

He paid it within 30 days, it can be removed

https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating#:~:text=If you pay within one,judgment removed from the register.

Coupon-mad

I agree. There's no CCJ to set aside because you paid it within 30 days.

Shocking situation, isn't it, that they can get away with using old addresses when in fact thd CPRs and the IPC Code of Practice says they must not issue claims to an old (very unreliable) DVLA address without checking it elsewhere (a soft trace). 

You could try a claim for your loss, against Excel and the landowner jointly.  On the basis that the parking charge was not valid, would have been defended and the loss arose as a direct result of Excel allegedly failing to take any reasonable steps before litigation, to trace your current address, this negligent omission being a breach of the CPRs and their trade body Code of Practice.

The good thing about just doing a claim is the fee to file a claim is £35, not £275.

The bad thing is Excel might defend and make it hard work. The landowner might not though, in which case you can claim a CCJ against them, which might make them reconsider the Excel contract...

Anyway while you think about that (no rush on that) here's some immediate revenge and recourse that is time-bound:

Please find time to do this new Call for Evidence this month:

https://forums.moneysavingexpert.com/discussion/comment/80375249/#Comment_80375249

The Committee invites evidence on:

• The causes of action giving rise to claims in the County Court

• What future reforms to the County Court should be considered.

Please tell them that private parking firms and their bulk litigators are the problem as far as small claims delays are concerned, as they dominate court lists. Parking claim numbers are rising every year and will make up about a third of all small claims in 2023, based on the 2022 figures that the MoJ divulged in the DLUHC's recent Parking Code of Practice Call for Evidence:

https://www.gov.uk/government/calls-for-evidence/private-parking-code-of-practice-call-for-evidence#:~:text=The%20call%20for%20evidence%20is,help%20the%20decision%2Dmaking%20process.

The MoJ must now be informed to urgently separate parking cases with a new pre-action protocol (requiring use of ADR instead of inflated debt demands and bulk litigators who want court). It should be a last resort but it's the first, and addresses are not always checked despite that being mandatory in all three Codes of Practice.

Tell them about your CCJ and how that would have affected your life.

Show them the evidence you have: letters? ...how you discovered the CCJ, how much you paid, and that the claim was hopeless and based on an unfair charge that you would have disputed if allowed a proper dispute resolution.

If you'd known about the claim.

Please tell the Committee that the whole private parking legislative framework needs to be removed from the inappropriate 'debt claims pre-action protocol' or removed from the county court altogether.  To protect consumers from unfair CCJs like this, which are rinsing millions p.a. from the pockets of ordinary motorists and ruining credit ratings.

Ideally, parking cases should NEVER go to county court and should not be able to affect people's credit rating.

Please add your voice.

This is a hidden (unknown to many people) scandal affecting hundreds of thousands of people every year.

Interested parties have until 14 December to make a submission to the committee.