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  • FIRST POST
    • Williams99
    • By Williams99 21st Feb 18, 4:44 PM
    • 6Posts
    • 0Thanks
    Williams99
    Parking ticket resulting in a CCJ
    • #1
    • 21st Feb 18, 4:44 PM
    Parking ticket resulting in a CCJ 21st Feb 18 at 4:44 PM
    Hi

    I'm hoping someone can help.

    I've recently found out after accessing my credit file for the first time i have a CCJ against me.
    After some investigation i've found that it's from a parking ticket in 2012 from excel parking in Swansea.

    I have never received any letters to my home address and i'm unsure it was actually me as it's from 6 years ago.

    My registration is correct so i will assume it was me as i've used the car park in question a number of times.

    I've tried contacting excel for a copy of the original notice but had no response.

    I've contacted citizens advise and they advise without any evidence it wouldn't hold up in court.

    I paid the outstanding amount as soon as i found it it was on my credit file.
    With this i can't apply for a mortgage.

    Do anyone have any advise on what to do next?

    Thanks
Page 1
    • KeithP
    • By KeithP 21st Feb 18, 4:54 PM
    • 7,214 Posts
    • 6,719 Thanks
    KeithP
    • #2
    • 21st Feb 18, 4:54 PM
    • #2
    • 21st Feb 18, 4:54 PM
    It might've been a good idea to ask for advice before paying it.

    It is still possible to get the judgement set aside.
    Towards the bottom of post #2 of the NEWBIES FAQ thread you will find some guidance of how to go about that.

    Of course you can apply for a mortgage.
    You may need to shop around or seek the help of a mortgage broker if you decide not to bother with the set aside.

    When was the CCJ issued?
    .
    • The Deep
    • By The Deep 21st Feb 18, 5:19 PM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    • #3
    • 21st Feb 18, 5:19 PM
    • #3
    • 21st Feb 18, 5:19 PM
    To any reading this, avoid CAB, they are very weak on parking matters.
    It is always better to contact your LA Trading Standards Department in writing, CCed to your MP.

    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

    Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    Last edited by The Deep; 21-02-2018 at 5:23 PM.
    You never know how far you can go until you go too far.
    • Coupon-mad
    • By Coupon-mad 22nd Feb 18, 8:50 PM
    • 57,473 Posts
    • 71,075 Thanks
    Coupon-mad
    • #4
    • 22nd Feb 18, 8:50 PM
    • #4
    • 22nd Feb 18, 8:50 PM
    I paid the outstanding amount as soon as i found it it was on my credit file.
    With this i can't apply for a mortgage.
    NONONOO!

    That was a daft idea. I am so sad you paid this before researching; you could have wiped it!

    That is NOT what to do with a parking firm CCJ.

    IMHO with Excel, you now have no chance, you will never get this set aside now (not even by consent, unlikely) and will have to put up with it being marked as 'satisfied' and on your record for six years from the claim.

    You WOULD have got this set aside, wiped, gone. This should have been you:

    http://forums.moneysavingexpert.com/showthread.php?p=73922294#post73922294

    ...at least do the Govt/Court consultation - rescue one positive from this mess, by venting.
    Last edited by Coupon-mad; 22-02-2018 at 9:15 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Quentin
    • By Quentin 22nd Feb 18, 9:13 PM
    • 35,607 Posts
    • 19,822 Thanks
    Quentin
    • #5
    • 22nd Feb 18, 9:13 PM
    • #5
    • 22nd Feb 18, 9:13 PM
    .....I've contacted citizens advise and they advise without any evidence it wouldn't hold up in court......
    Originally posted by Williams99
    Yet another example of the poor advice that the cab gets away with!


    If they were accountable to anyone they would go bust the number of times they fail their clients with authoritatively delivered (rubbish) advice


    (And we all fund them!!)


    They should have told you about set aside!


    You paid up on their advice but still have the stigma of a ccj on your credit files until the 6th anniversary of it being handed out!


    At least complain bitterly about this to them and suggest they get some proper training on default CCJs discovered too late to stop staying on the Register by simply paying them!
    • waamo
    • By waamo 22nd Feb 18, 10:23 PM
    • 3,243 Posts
    • 4,288 Thanks
    waamo
    • #6
    • 22nd Feb 18, 10:23 PM
    • #6
    • 22nd Feb 18, 10:23 PM
    You may well find getting a set aside very difficult if you have paid it. It's a tough call. To apply for a set aside you have to fork out 255 with no guarantee of success.

    In fact having paid it lowers your chance of success.

    The question is how much time and effort are you prepared to put in and are you lucky?
    This space for hire.
    • Williams99
    • By Williams99 23rd Feb 18, 10:32 AM
    • 6 Posts
    • 0 Thanks
    Williams99
    • #7
    • 23rd Feb 18, 10:32 AM
    • #7
    • 23rd Feb 18, 10:32 AM
    Oh No!!!

    I completely panicked as i never knew it was against me.

    I can get a mortgage but only with a 25% deposit and 4.78% interest which is Ridiculous!!!

    I spoke to Cab and they advise to get it set aside but i would need evidence.

    I've been on the phone to everyone possible regarding this. i will fight it until the end.

    i'm currently in the process of gathering all information from Excel and BW legal.

    It's really strange as excel said that were given a my name from DVLA when requesting who my car was registered to. with this they gave my wrong name, well not wrong but not my full name which appears on everything i've ever had in life. i'm known by my middle name but have first name. they were only given my middle and surname which i find very odd.

    The argument that i have is someone else was driving my car at the time of the offence and the ticket was placed on my windscreen. i never saw this.

    Excel parking have stated that they would have sent 2 other letters to my address and BW Legal 3 letters. I HAVE NEVER received these. I'm hoping the information i get back from excel and bw legal there will be a mistake in my name and address so i have something to argue.

    Can anyone suggest any other route to argue?

    Obviously i'm stupid and should have asked for advise before paying the silly ticket.

    Help???
    • Williams99
    • By Williams99 23rd Feb 18, 10:35 AM
    • 6 Posts
    • 0 Thanks
    Williams99
    • #8
    • 23rd Feb 18, 10:35 AM
    • #8
    • 23rd Feb 18, 10:35 AM
    I'm more than happy to complete the application form and pay the 255 but other than i didn't receive any letters i have nothing else to argue!!
    • The Deep
    • By The Deep 23rd Feb 18, 10:47 AM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    • #9
    • 23rd Feb 18, 10:47 AM
    • #9
    • 23rd Feb 18, 10:47 AM
    Have you moved house since the event? What is the date of the PCN? What is the date of the CCJ? Is it possible that the DVLA provided the PPC with the wrong address?
    Last edited by The Deep; 23-02-2018 at 10:49 AM.
    You never know how far you can go until you go too far.
    • Williams99
    • By Williams99 23rd Feb 18, 11:29 AM
    • 6 Posts
    • 0 Thanks
    Williams99
    I lived at my address for 28 years.

    The original PCN was 12th April 2012 but the CCJ was added to my file on 1st April 2017.
    • Coupon-mad
    • By Coupon-mad 26th Feb 18, 12:53 PM
    • 57,473 Posts
    • 71,075 Thanks
    Coupon-mad
    I'm more than happy to complete the application form and pay the 255 but other than i didn't receive any letters i have nothing else to argue!!
    Originally posted by Williams99
    You would be paying 100 to the court (not 255) but only after asking Excel by email, if they would please sign a consent order, because you paid it as soon as you discovered the CCJ.

    If they WILL, then you will not need evidence except to support your contention that you did not receive the claim, and why not, and to show the court that you acted immediately and very reasonably and would have defended the matter.

    The Judge will not want the impression that this is merely a credit cleansing application, you need to convince the Judge this was a claim you never received, so should be set aside.

    See other threads containing an example consent order, we have discussed them re ParkingEye several times on this forum, so search these words:

    ParkingEye CCJ consent

    Please don't waste a 255 fee until you have asked Excel if they will consent. We think they won't but ''if you don't ask, you don't get''! If they will, then double check the wording of the consent order with us.

    If they will NOT then you will know where you are and could still try a 255 (without consent) set aside but a Judge will wonder why you paid the CCJ if you are adamant you do not accept liability and wish to defend (and you will NOT be able to defend the substantive claim because you darn well paid it!). IMHO, your position would have been MUCH stronger re a 255 set aside without consent, if you had not paid.
    Last edited by Coupon-mad; 26-02-2018 at 1:00 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Coupon-mad
    • By Coupon-mad 26th Feb 18, 1:03 PM
    • 57,473 Posts
    • 71,075 Thanks
    Coupon-mad
    Just to add a timely update, bargepole has just assisted a couple who were wanting a set aside of two CCJs that they paid 255 x 2 to achieve. They got the set asides (so in your case you can see that stage is possible, even after paying the stupid thing by mistake) but the Defendants had not told bargepole that they had darn well PAID the stupid CCJ sums back in December, grrr!

    bargepole's words from the case in question, heard today:

    I assisted them with preparing their N244s, and Defence documents, and was hoping that today's hearing would result in the Judgments being set aside, and the claims being dismissed as well, on the basis that the Claimant had no realistic prospect of success.

    But it turned out that they had spoken to their mortgage advisor in December, who had advised paying the Judgments, to avoid an adverse mark on their credit files. So they paid 264.96 and 265.21 respectively.

    So the Judge said that while she was happy to make an order setting aside the Judgments, there was no procedure by which she could order the Claimant to repay the Judgment amounts. As the Judgments had been paid, there was no need for the Claimant to continue to pursue the claim, so there wouldn't be a substantive hearing. She said that you have to either pay or defend, you can't do both. She also refused to refund the set aside fees, for the same reasons.

    So they are a combined total of over 1,000 down, for two PCNs which should never have been issued in the first place.
    Sounds like they have a case against their mortgage adviser for the awful advice to pay off!!

    They could have done the set asides, defended, claimed all their fees and costs back and not paid a penny. Ouch!

    NEVER just pay off a stupid parking firm CCJ. You task here is now so much harder work and you WILL NOT get that money back, grrrrr.

    People in your position should fill this Consultation about default CCJs in, NOW:

    https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/

    Think it has just 48 hours left to fill it in so make sure you tell the Government about what happened to you, and what you want done about parking firms, specifically, who use and abuse the court service like this. Be really clear that their proposals do not nearly go far enough and give too much respect to parking firms, who are different because there is NO DEBT, no utility bill or CCA 1974 agreement in default. These are alleged 3 figure sums with NOTHING proven, just speculative trash from ex-clampers being given too much rope, and they should be treated differently from other industries and (for example) they should have to prove their cause of action/use paper forms, not MCOL.
    Last edited by Coupon-mad; 26-02-2018 at 1:22 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Williams99
    • By Williams99 26th Feb 18, 1:38 PM
    • 6 Posts
    • 0 Thanks
    Williams99
    Consent Order
    Hi,

    I've seared the threads and can't find anything about the consent order.

    Could you please send an example of the consent order and what i need to ask for.

    At the current time Excel parking are not answering my emails and i'm still unable to get a copy of the original PCN. i've called and still had nothing back from them.

    This will be my next port of call.

    Thanks
    • Quentin
    • By Quentin 26th Feb 18, 1:48 PM
    • 35,607 Posts
    • 19,822 Thanks
    Quentin
    Set aside is covered in the Newbies FAQ thread #2

    With links to related threads
    • Coupon-mad
    • By Coupon-mad 26th Feb 18, 1:51 PM
    • 57,473 Posts
    • 71,075 Thanks
    Coupon-mad
    I've seared the threads and can't find anything about the consent order.
    Originally posted by Williams99
    I don't have an example, but I know it's on PE threads when you search:

    ParkingEye CCJ consent

    ...are you making the mistake of not changing the advanced search to SHOW POSTS?

    Never search to 'show threads' which is horrible! Always search 'advanced' and SHOW POSTS.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • waamo
    • By waamo 26th Feb 18, 1:52 PM
    • 3,243 Posts
    • 4,288 Thanks
    waamo
    Try this http://forums.moneysavingexpert.com/showthread.php?t=5782184
    This space for hire.
    • Williams99
    • By Williams99 6th Mar 18, 11:07 AM
    • 6 Posts
    • 0 Thanks
    Williams99
    Hi,

    So i've finally received a copy of the original PCN from Excel parking.

    The letter states the following " Liability for the parking charge notice ( PCN ) lies with the driver of the vehicle "

    Does this mean with the new law that came in force in October 2012 that i do not need to disclose who was driving the vehicle and if they have no evidence of who was driving the PCN becomes invalid?

    Thanks
    • nosferatu1001
    • By nosferatu1001 6th Mar 18, 11:58 AM
    • 2,513 Posts
    • 3,046 Thanks
    nosferatu1001
    1) You have never needed to disclose the identity of the driver
    2) The PCN deosnt magiclaly become "invalid", they just dont have anyone they can hold liable - a difference there
    3) You state back to them that, as you are the Keeper (and if you can say not the driver, state so) you therefore have no iliability in this matter - go chase the driver, who you woint / cant name. /
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