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Results: Best thing to do?

Pay the CCJ within a month

40.00% • 2 votes

Apply to get it set aside

20.00% • 1 votes

Something else

40.00% • 2 votes

You may not vote on this poll

5 votes in total.

  • FIRST POST
    • popsoda
    • By popsoda 11th Mar 18, 10:42 AM
    • 10Posts
    • 4Thanks
    popsoda
    Urgent - received CCJ - should I pay or set aisde?
    • #1
    • 11th Mar 18, 10:42 AM
    Urgent - received CCJ - should I pay or set aisde? 11th Mar 18 at 10:42 AM
    Hi everyone,

    I just received a CCJ against me on 05/03/2018. I think my best option now is probably to just pay it as this means that it doesn稚 show up on my record if I pay within a month right?

    覧覧覧覧覧覧

    I値l explain my case in case anyone thinks it is worth me applying to get it set aside.

    Firstly let me just disclose my main big mistake here: I submitted an acknowledgement of service on 19/02/2018 which I wrongly believed gave me 4 weeks to create my defence, but I found out just now it gives me 2 weeks and hence a judgement was entered against me exactly 2 weeks after.

    The claimant was UK Parking Control and I believe I would have probably had a decent case. It was for not showing a valid permit outside my own house in a residential area that is privately managed. I wasn稚 able to apply for a full permit at the time but had purchased the UKPC temporary permits but apparently this only allowed me to park in their select areas around the corner so they issued me parking charges.

    Anyway they gave me about 7 charges in total two years ago, and after ignoring all letters they致e eventually taken me to court.

    The amount is for 」1292 including court fees. I知 wondering what my options are.

    Do I have any valid case for setting the CCJ aside? I can稚 say I wasn稚 aware of it or the address was wrong, it痴 just a shame I didn稚 manage to submit my defence in time.

    The main reason that it was taking me longer than expected to create my defence was because I was trying to find out what evidence they had on me using their various websites to try to locate the photos but when typing the reference codes in UKPC痴 websites it would come up with errors or say that I can稚 access the photos as its now been passed on to their Debt Recovery Team.

    So I知 wondering now what my options are. If I pay the CCJ now is it right that it won稚 appear on the register?

    If I were to apply to set it aside and this failed, would this then give me another chance to pay within a month in order to not have it appear on the register or has the clock started from 05/03/2018 and I have until 05/04/2018 to pay it no matter what?

    Really appreciate any advice. Kind of panicking about this getting on my credit record as I知 a student and apparently it could also affect my future jobs :(
Page 1
    • Fruitcake
    • By Fruitcake 11th Mar 18, 10:50 AM
    • 36,626 Posts
    • 82,962 Thanks
    Fruitcake
    • #2
    • 11th Mar 18, 10:50 AM
    • #2
    • 11th Mar 18, 10:50 AM
    What does your lease/AST say about parking/parking permits. This will have primacy of contract over anything a third party scammer says.

    If the lease/AST is silent about parking, or permits, or does not mention a parking charge for not displaying a permit, then you have a very good case.

    You need two things. A good reason why the CCJ should be set aside, and a good chance that you would beat the original parking charge.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • The Deep
    • By The Deep 11th Mar 18, 11:11 AM
    • 9,209 Posts
    • 8,975 Thanks
    The Deep
    • #3
    • 11th Mar 18, 11:11 AM
    • #3
    • 11th Mar 18, 11:11 AM
    I hate polls. This is a scam, UKPC at fraudsters, read this

    www.bbc.co.uk/news/uk-england-35253759

    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, (these two law firms take hundreds of these cases to court each year). They nearly always lose) and have been reported to the regulatory authority by an M.P.

    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.

    No- one should ever pay a scammer for parking at one's residence, read this

    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html
    Last edited by The Deep; 11-03-2018 at 11:18 AM.
    You never know how far you can go until you go too far.
    • popsoda
    • By popsoda 11th Mar 18, 11:12 AM
    • 10 Posts
    • 4 Thanks
    popsoda
    • #4
    • 11th Mar 18, 11:12 AM
    • #4
    • 11th Mar 18, 11:12 AM
    Hi Fruitcake, thanks so much for your fast reply! I was not on the lease as I was living with my ex at the time which is why I bought temporary permits. I feel like I possibly have a good chance of beating the original parking charge but I might not have a good reason why the CCJ should be set aside since this is more technical reasons right?

    Can you confirm, if I were to pay the CCJ within a month, will it not appear on the public register?

    Thanks again!
    • waamo
    • By waamo 11th Mar 18, 11:16 AM
    • 3,230 Posts
    • 4,270 Thanks
    waamo
    • #5
    • 11th Mar 18, 11:16 AM
    • #5
    • 11th Mar 18, 11:16 AM
    If you pay within a month it is removed from the register. Having been mistaken about time frames for submitting a defence will IMHO be very difficult grounds for getting this set aside. Not impossible just very difficult.

    I too hate polls.
    This space for hire.
    • popsoda
    • By popsoda 11th Mar 18, 11:17 AM
    • 10 Posts
    • 4 Thanks
    popsoda
    • #6
    • 11th Mar 18, 11:17 AM
    • #6
    • 11th Mar 18, 11:17 AM
    Hi TheDeep, sorry about the poll, I just added it as my post was quite long in case people didn't want to read it. I know, they're such a crooked company! But I think I haven't followed the procedure correctly to defend my case and so I think I have automatically lost the case and now have no choice but to pay the CCJ I think. I read that at least this means it won't appear on my credit file, I don't know if you can confirm this or not. I'll take your advice about writing to my MP about this thought as I really feel like I've been totally extorted. But having said that I'd rather pay 」1292 than not be able to apply for mortgages or jobs.
    • popsoda
    • By popsoda 11th Mar 18, 11:20 AM
    • 10 Posts
    • 4 Thanks
    popsoda
    • #7
    • 11th Mar 18, 11:20 AM
    • #7
    • 11th Mar 18, 11:20 AM
    Hey Wammo,

    thanks for confirming this. I'm absolutely gutted I didn't respond with a case in time, that is totally my fault to be honest. I think I'll just take this as a life lesson and pay the CCJ, at least it will be removed from the register if I pay it now.
    • popsoda
    • By popsoda 11th Mar 18, 11:21 AM
    • 10 Posts
    • 4 Thanks
    popsoda
    • #8
    • 11th Mar 18, 11:21 AM
    • #8
    • 11th Mar 18, 11:21 AM
    Sorry about the poll guys. I just added it as my post was quite long I thought it would be easier, if there's a way for me to remove? I'll take it down.
    • twhitehousescat
    • By twhitehousescat 11th Mar 18, 11:23 AM
    • 1,285 Posts
    • 1,740 Thanks
    twhitehousescat
    • #9
    • 11th Mar 18, 11:23 AM
    • #9
    • 11th Mar 18, 11:23 AM
    the ability to get a set aside is based on whether you would have a good chance of winning the original claim by ukpc

    you say you are confident that you would win this , then reflect that in your set aside case

    」1292 is a lot of money for most people to just roll over and pay , and seems to be inflated somewhat from the origional 7 x 」100 MAX figure allowed by law

    I can confirm that if you pay scammers and Co. 」1292 within a month , not only would no ccj appear on your file , but also Rupert Williams would replenish the fuel tank on his luxury boat , and thank you
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • popsoda
    • By popsoda 11th Mar 18, 11:43 AM
    • 10 Posts
    • 4 Thanks
    popsoda
    Ok I take your point and don't want to be funding some cowboy, and this really is a lot of money, this will totally empty my savings. What would you advise me to do? The main reason I thought I was confident was because of how much it is and because I actually purchased loads of the tempoary permits and am pretty sure (this was 2 years ago so my memory is sketchy) that the issue isn't that I had the permit in the display, it's just that I was in the "wrong bay" for "guests with tempoary permits" (it's hard for me to know what my exact infridngment is as I can't access their evidence on me). But I feel like if I were to defend my case I would at least be able to get the CCJ reduced.

    I'm just worried that if I apply to get the CCJ set aside, does this have any negative ramifications for me other than the 」250 charge for doing this, as in does this remove my option of paying the 」1292 and having the judgment removed from my name? Thanks again for your replies, I'm so grateful for it.
    • twhitehousescat
    • By twhitehousescat 11th Mar 18, 12:09 PM
    • 1,285 Posts
    • 1,740 Thanks
    twhitehousescat
    ccj,s are NOT reduced , they either exist or do not ,

    suggest on reading up on set asides , and work out if you wouyld have a good chance in court against ukpc if they fire back with it

    as you can see from this http://www.bmpa.eu/companydata/UK_Parking_Control.html number of tickets issued to number of ACTUAL court cases , very very low , and in most cases either defendant folds and pays up , or UKPC back down

    they must have been rubbing hands with glee as they got a default on you , complete with speculative costs
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Quentin
    • By Quentin 11th Mar 18, 12:17 PM
    • 35,601 Posts
    • 19,813 Thanks
    Quentin
    The ccj will be on your record now!!

    If you apply for set aside unsuccessfully then the ccj will remain on your record for the 6 years (though will be shown as paid once you pay). Any set aside hearing won't take place within the month you have to pay in full and get the ccj removed
    • Johnersh
    • By Johnersh 11th Mar 18, 12:22 PM
    • 1,031 Posts
    • 1,985 Thanks
    Johnersh
    1. WHATEVER YOU DO - ACT PROMPTLY. An application to set aside must be done asap. Delay is a factor which can defeat an otherwise successful application. Similarly, if you do choose to pay, that month is ticking....

    2. Post a link to the claim form, just in case there is an error within it upon which you can argue that a judgment in default could not be given.

    3. Look at the rules below. I agree that mere overlooking is not a great reason. However, gathering information to try and respond to scant information so as to even understand the claim intimated might be.


    Cases where the court may set aside or vary judgment entered under Part 12
    13.3

    (1) In any other case, the court may set aside or vary a judgment entered under Part 12 if
    (a) the defendant has a real prospect of successfully defending the claim; or
    (b) it appears to the court that there is some other good reason why
    (i) the judgment should be set aside or varied; or
    (ii) the defendant should be allowed to defend the claim.
    (2) In considering whether to set aside or vary a judgment entered under Part 12, the matters to which the court must have regard include whether the person seeking to set aside the judgment made an application to do so promptly.


    Litigation is inherently unpredictable. It's a 」255 gamble, because you'll have to persuade the Court on the day. Weigh up how good your case is on a balance of probabilities. You may feel it worth the risk, given the alternative, which is to just pay (or you may feel it risks good money after bad). Noone can help you to make that call. An application may "flush out" just how much evidence the Claimant has if they seek to defend the application.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • popsoda
    • By popsoda 11th Mar 18, 12:55 PM
    • 10 Posts
    • 4 Thanks
    popsoda
    Thank you all for your replies. I am definitely one of the few "mugs" that these guys have managed to have their way with I see that my current two options are:

    1) pay the 」1292 this week and have to live with the frustration of being such a mug and funding such a horrible cowboy company (but at least have the CCJ wiped) or

    2) try to get it set aside on grounds 1a: "the defendant has a real prospect of successfully defending the claim"; however, I am now not sure if I would definitely win this case, and if I lost it I'd have to pay the 」1292 plus have the biggest cost of the CCJ being against me with implications when I graduate.

    Very sadly I think I'm just going to have to give away my savings to this horrible company and choose (1) but at least not have the risk of a CCJ which will definitely be of greater cost to me over the next 6 years.

    Thank you all very much for your advice and guidance. I appreciate I've been a total mug here and am livid and really upset that these companies are able to extort us like this. @Johnersh what do you mean by a link to the claim form, do you mean upload a photo of the judgement that mailed to me by the court?
    • The Deep
    • By The Deep 11th Mar 18, 2:58 PM
    • 9,209 Posts
    • 8,975 Thanks
    The Deep
    I should definitely take this up with your MP, mentioning their previous fraudulent behaviour. The Mail and the Telegraph have also published pieces about this.

    By interfering with your leasehold right to !!!8220;peaceful enjoyment!!!8221; they may in fact have committed a criminal offence under The Landlord and Tenants Acts.

    Rather than paying them off, why not spend the money on legal advice about prosecuting them? Perhaps one of our legal chappies has a view? It is absolutely criminal that these scammers should get away with this nonsense.
    Last edited by The Deep; 11-03-2018 at 3:59 PM.
    You never know how far you can go until you go too far.
    • twhitehousescat
    • By twhitehousescat 11th Mar 18, 6:00 PM
    • 1,285 Posts
    • 1,740 Thanks
    twhitehousescat
    if this is not sorted within 31 days then its "live" and bailiffs may come knocking , do you think an MP would do anything by then ? what about "legal and Co." ??? , leave the OP open to bailiffs whilst vthey scratch there balls?

    job over and done when paid ,
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • popsoda
    • By popsoda 11th Mar 18, 6:09 PM
    • 10 Posts
    • 4 Thanks
    popsoda
    I'm just going to stump up the cash and take this as a life lesson not to miss my 2 week deadline of creating a defense if this ever happens again.

    I feel well and truly extorted as this has emptied my savings - but I have to consider myself lucky as some people who get extorted by these cowboys probably don't have savings to fall back on and could definitely end up in debt.

    This is what I will be talking to my MP about: companyies like this needed to be massively regulated.
    • KeithP
    • By KeithP 11th Mar 18, 7:48 PM
    • 7,209 Posts
    • 6,694 Thanks
    KeithP
    This is what I will be talking to my MP about: companyies like this needed to be massively regulated.
    Originally posted by popsoda
    Absolutely right, and if you haven't done so already, I urge you to watch that video that The Deep provided a link to.

    UK Parking Control are specifically mentioned in that video [Stephen Doughty MP - 13:05:51].
    .
    • popsoda
    • By popsoda 12th Mar 18, 12:26 PM
    • 10 Posts
    • 4 Thanks
    popsoda
    Update: paid just now
    :'(
    • Umkomaas
    • By Umkomaas 12th Mar 18, 12:50 PM
    • 17,579 Posts
    • 27,798 Thanks
    Umkomaas
    Update: paid just now
    :'(
    Originally posted by popsoda
    Make sure you get a receipt should the PPC not inform the court that this has been paid. The court removes the CCJ from your credit file (as I understand it), so you need to check that the credit file is correctly updated.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
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