CCJ from parking eye but they deliberately sent to old address

pappa_golf · 8 July 2017 at 7:24PM

Quentin wrote: »

No.

Its an agreement between the parties that the claimant is not going to dispute the application.

(Though it does involve settling the claim with the claimant)

would that be the fact that they started a claim at the wrong address due to failure of diligence?

and the claim was probably £200 + , and the consent will be £100 , a set aside will cost £255 , and if it is proved that PE acted unreasonably would be refunded , at which point if PE start a new claim then pay the £100 (max by law)

this is MSE, MONEY SAVING EXPERT

nicolanicola · 8 July 2017 at 7:25PM

pappa_golf wrote: »

and the claim was probably £200 + , and the consent will be £100 , a set aside will cost £255 , and if it is proved that PE acted unreasonably would be refunded , at which point if PE start a new claim then pay the £100 (max by law)

this is MSE, MONEY SAVING EXPERT

So what would you do? Just a set aside and and prove you had a chance of defending original claim?

pappa_golf · 8 July 2017 at 7:29PM

nicolanicola wrote: »

So what would you do? Just a set aside and and prove you had a chance of defending original claim?

I refer you to your statement in post 55

"I don't know. I guess I must be guilty of overstaying the allowed time in a car park one time."

Quentin · 8 July 2017 at 7:37PM

pappa_golf wrote: »

would that be the fact that they started a claim at the wrong address due to failure of diligence? .....

Unfortunately we know that the system allows claimants to do this.

The alleged debtor is really respnsible for keeping the creditor informed of their address when disputing an unpaid invoice, bearing in mind that creditors have 6 years to take legal action, and can do it to the last known address.

But the creditor agreeing not to contest the set aside hearing is to the benefit of the debtor if for whatever reason the debtor does want to kill off the issue with no 6 year stigma on their credit files

I agree that it's not the forum way to cave in - and have told the OP so, but can see why the OP would see it as a quick fix

Quentin · 8 July 2017 at 7:47PM

nicolanicola wrote: »

So do you think I should to a consent to set aside or a set aside? my priority is getting this CCJ taken off my credit rating as fast as possible with minimum stress.

The only stress in a set aside by consent (apart from the £100 cost) is having to pay the claimant AND gain their agreement to support the set aside. And it will be much faster than the alternative.

The stress in going for a set aside (apart from the wait for the application to come to a hearing and the £255 which you could get back if you eventually win any subsequent court claim over the claimants PCN) is you face preparing for a court hearing for the set aside, preparing the case for the set aside and the defence of the original claim, then if you are successful waiting to see if you have to go to court again and defend a new claim.

(And stressing if you have to spend more money paying up if you lose!)

Redx · 8 July 2017 at 7:49PM

nicolanicola wrote: »

Says everybody everywhere ever! This is a completely shock to me that they can now.

an urban myth in england and wales , possibly true 10 years ago , but not since parliament brought in POFA2012 , in , you guessed it , 2012 (october)

and the very high profile BARRY BEAVIS case concluded at the SUPREME COURT with a judgment on or around 5th November 2015 , so getting on for 2 years ago and some 3 years after POFA2012 became law

that case made tv , the papers , this forum , consumer forums , parking pranksters blogs etc

in fact PE will have quoted it to you in their correspondence if the original parking event (the one you know nothing about) happened in the last couple of years

BEAVIS lost 3 times in 3 different courts

PE issue around 25 to 30 THOUSAND court claims per annum , so quite high profile too

I appreciate its new to you, but its all an old bone that has been chewed over many times on forums like this one

and a point of order, its not about NOW !!

the ability to take another entity to court for an unpaid invoice has existed in england and wales since 1973 (now called an MCOL , previously the small claims court)

so that mechanism has existed for 44 years !

the reason for the word ENTITY , is because it was generally considered to be the driver for motoring claims , ie:- the driver was responsible , so the DRIVER could be taken to court and this has been the case for maybe 15 years or more

the problem was that they had to know who the driver was (which is why its still difficult for them in Scotland and N.I.) , whereas now they can go after the keeper if using POFA2012 (in england and wales)

so currently you are getting a condensed crash course on the history of the topic and its ramifications, which usually takes a long time to get your head around , CCJ or no CCJ

it was all gone into on this thread too

http://forums.moneysavingexpert.com/showthread.php?t=5619223

many , many more threads exist on this topic on here and over on pepipoo forums , and on C.A.G. and other forums too

here is another one

http://forums.moneysavingexpert.com/showthread.php?t=5676532

Coupon-mad · 8 July 2017 at 11:10PM

and the consent will be £100 , a set aside will cost £255 ,

I've never done it but it's my understanding that a set aside with consent costs a court fee of £100.

There is no £255 in play at all.

CCJ from parking eye but they deliberately sent to old address

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