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Need help with an expensive CCJ
arromn
Posts: 4 Newbie
So I had 3 PCN's over February and March earlier this year for parking outside my place of work and not paying (in my defence, the last one I received was a mistake as I had payed through an app on my phone and wrongly received a ticket). I stupidly took some bad advice and ignored them all as I was leaving to go travelling and didn't think this would catch up with me. I've recently returned to find a CCJ against me for the 3 parking fines combined of £605.22. The judgment is dated 5th September 2017.
The claimant is Gladstone Solicitors acting on behalf of SIP Parking LTD. Just wondering if I have a leg to stand on arguing against this and how long the process can take? I think I'm in a bit of trouble and any help is appreciated!
The claimant is Gladstone Solicitors acting on behalf of SIP Parking LTD. Just wondering if I have a leg to stand on arguing against this and how long the process can take? I think I'm in a bit of trouble and any help is appreciated!
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Comments
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If you read the post at the top of this forum that tells Newbies to read it first you will find a whole section on the court process.
You will need to apply for a set aside. As you could not defend this as you weren't in the country you seem to have legitimate grounds to obtain a set aside. The Newbies thread will guide you through the process.0 -
Thank you for your help, I've decided i'm going to pay the fine due to the fact I'm not confident enough to defend this case again IF my claim does get aside! I'm also leaving the country again soon so don't have time on my hands, would rather have a good credit rating and no dramas when I return.0
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as you are leaving the county again soon , they would have no legal right to instigate further action against a non UK resident ,, providing you told them your new address , , a set aside should be granted on the fact that you were not in the UK at the time , they may well re start action , but to what address?
however if you are going on "hols" for 6 yrs , forget about the CCJs
very quick of you to find them in less than 7 working days tho ,,,,,Save a Rachael
buy a share in crapita0 -
I'll be travelling for 2 years with no fixed address for the foreseeable future so as far as the claimants are concerned I believe they can and will pursue the money from me at my parents address which legally is my address (and where I'd rather the bailiffs didn't turn up).
Researched this a bit now was hoping it would a little quicker than I assumed to resolve. If I had the time to contest it in court I would try, suppose it's a lesson learnt!0 -
you give up far to easily , almost like a PPC owner , I,m out
and I suppose the last time you were not in the UK , you used your parents address as "my parents address which legally is my address " , so why no court papers?
summot stinks in Grimsby , and its not the fish market!Save a Rachael
buy a share in crapita0 -
I'll be travelling for 2 years with no fixed address for the foreseeable future so as far as the claimants are concerned I believe they can and will pursue the money from me at my parents address which legally is my address (and where I'd rather the bailiffs didn't turn up).
Researched this a bit now was hoping it would a little quicker than I assumed to resolve. If I had the time to contest it in court I would try, suppose it's a lesson learnt!
You sound like a PPC, here to post ''I'm paying a stupid amount of money, lesson learned'', pour encourager les autres.
No-one in your situation would shell out over £600, when these are VERY defendable and you are on a forum where we've only seen one case lost in over a year, when people have been coached through the process.
Also, once you've got it set aside (which you WILL for just £255 - reclaimable back - as long as you attend the set aside hearing) inform the court that you will be abroad travelling, so your best address for service would be (a friend's address abroad - you MUST know someone who loves abroad). That address is as valid as any, if you are travelling abroad.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Thank you both for your advice, I am going to reconsider what I do with this. I am very new to this whole process and am slightly intimated by even attending a set-aside hearing, would this be in a court local to me? Will I have to verbally defend my case at this point in time? How would I go about claiming back that £255?0
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It's all in the NEWBIES FAQS thread post #2.
Several posters have followed the advice and although daunted by the thought of a hearing (a brief meeting with a Judge at the Court local to you) they have all fairly easily got their CCJ set aside, although it's not a shoo-in.
The witness statement to accompany the N244 form must be set out to explain why/how it happened that the claim form was not served and how this has prejudiced your credit unfairly and that although you were abroad, there were simple means to find you before court proceedings (e.g. you were findable on Facebook - or email if they had your email from an appeal - or by other means).
And throw in the Government's press release about these unfair CCJs, where parking firms were singled out and Mrs May pledged to end an unacceptable abuse of the court process by such charlatans.
This will be probably just 15/20 minutes at your local court, the other side probably wont turn up, and if you follow our advice you should certainly achieve the CCJ being wiped from your record. And you might also get the £255 court fee refunded on the spot of you show how unreasonable the claim appears to be and that you can defend it (which you can).
Examples of people's successes are in the NEWBIES thread post #2 as well.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Paying it wont improve your credit rating, A CCJ is a CCJ if unpaid within 14 days.
It will stay live for 6 years and the settled marker will not improve your credit rating.
Your only chance is to set aside the CCJ be filing N244 form and challenging them.I do Contracts, all day every day.0 -
Marktheshark wrote: »Paying it wont improve your credit rating, A CCJ is a CCJ if unpaid within 14 days.
It will stay live for 6 years and the settled marker will not improve your credit rating.
Your only chance is to set aside the CCJ be filing N244 form and challenging them.
Yes - exactly. Follow the same process others have done, like Saggi's thread linked in the NEWBIES thread, where he/she got the £255 set aside fee refunded, and the entire claim struck out, in one go.
Paying it is dumb and leaves the CCJ in place marked 'satisfied', wrecking your credit rating anyway.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0
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