CCJ/Time gaps/Enforcement

Parkinghater306

Firstly, this forum is by far the best and most informative thing out there, so thanks to you for helping us who have little knowledge of the subject.

my enquiry…I borrowed my fathers car in April and got a ticket in a ‘residents bay’ of a shopping/leisure complex which was poorly marked, no signage differentiating the bays. I was within the two hour grace period of using the car park for shopping.

Fast forward, there is a CCJ letter come from DBS legal saying judgement was issued, although I received no official court letter of judgement. The initial court ‘claim’ letter came through in October, but with a x 2 family bereavement, father moving house, business issues, it never got dealt with or passed to me. I have checked the online portal and judgement has been passed but no actual court letter. Yes it’s our fault but I would just like some advice. 

Option1…I am considering paying the CCJ, as we are within the 28 days window of judgement so it would be wiped from my dad’s credit file. Less stress for them and me. This grace period runs out in the 13th December. 

On the other hand, if, I was to pay the £303 to get this set aside and contest I have a few questions:

1. would it show on my fathers credit file as unsatisfied? I don’t want to wreck his file should anything go wrong with their new house, have to move again, new car need a loan blah blah. 

2. Would further demanding letters or bailiffs be sent to their address in the interim before 
It is re heard in court? 

thanks in advance!!

Parkinghater306

To clarify, in regards to option 1 of contesting, if I was to get it set aside until it is reheard, would it show on the credit file during that time period? 

KeithP

To me, it doesn't look like you have a good enough excuse to ensure a set aside.

Yes, you perhaps may have quite reasonable arguments about why the stuff was not dealt with, but I feel you will be relying too much on which side of the bed the Judge got out of that day.

You certainly won't be able to blame the Claimant, so it goes without saying that the set aside fee will be £303 down the drain. 
And you still have to fight the claim.

Suggest you seriously consider paying the Judgment amount. How much is that?

Car1980

If it's against your dad he'd be the one potentially going to a set aside hearing.

yes it would appear as unsatisfied during the period from the 14th up until any judge's judgment on whether it should be set aside (or not).

They are unlikely to bother sending bailiffs as it is under £600, but no guarantees.

Considering it's not a claim against you and you aren't fully in control, payment would probably be wiser.

Parkinghater306

KeithP said:

To me, it doesn't look like you have a good enough excuse to ensure a set aside.

Yes, you perhaps may have quite reasonable arguments about why the stuff was not dealt with, but I feel you will be relying too much on which side of the bed the Judge got out of that day.

You certainly won't be able to blame the Claimant, so it goes without saying that the set aside fee will be £303 down the drain. 
And you still have to fight the claim.

Suggest you seriously consider paying the Judgment amount. How much is that?

It’s £280. Of course it’s a lot of money, but the cost of that outweighs the cost of stress on my family who are dealing with enough as it is. And yes I hate these parking companies, but there is no way I would risk making false statements etc in a court just to push a set aside! Thank you

Parkinghater306

Car1980 said:

If it's against your dad he'd be the one potentially going to a set aside hearing.

yes it would appear as unsatisfied during the period from the 14th up until any judge's judgment on whether it should be set aside (or not).

They are unlikely to bother sending bailiffs as it is under £600, but no guarantees.

Considering it's not a claim against you and you aren't fully in control, payment would probably be wiser.

Nice one mate I agree. Again the stress of my dad representing himself in this is just not something I would put him through. I appreciate your swift responses. 

Coupon-mad

But you say "father moving house"...

So did he move house just before the Claim arrived?  If so then he didn't receive it.  And that means it would be set aside.

Parkinghater306

Coupon-mad said:

But you say "father moving house"...

So did he move house just before the Claim arrived?  If so then he didn't receive it.  And that means it would be set aside.

Negative. The moving out day is Friday, they were going through the process, viewings, solicitors and the rest, it just got over seen by him as there were other things going on, I will be reluctantly paying them today…maybe in a few years time something will happen in parliament and all doggy parking firms will be eradicated!!!!

1505grandad

".....doggy parking firms...."  -  you missed the word "bag" out.