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  • FIRST POST
    • Running
    • By Running 9th Apr 18, 9:53 PM
    • 12Posts
    • 11Thanks
    Running
    CCJ gone to old address from parking fine has resulted in rejected mortgage
    • #1
    • 9th Apr 18, 9:53 PM
    CCJ gone to old address from parking fine has resulted in rejected mortgage 9th Apr 18 at 9:53 PM
    Hi

    I am wondering if anybody could offer some help, have been searching the forums all day to get advice on next steps after finding out I have received 2 CCJ's and I am hoping to get these set aside. I have printed some documents from the site but wanted to share my story to see if anybody had any ideas on how to proceed.

    We have been waiting almost a year for our house sale to go through, we are first time buyers and it has been a year of collapsed chains. We had good news that things were progressing again and so sought to renew our mortgage for the third time, on the previous two occaisions we were accepted no problem. However I have just found out that our mortgage has been declined due to an issue with my credit rating. When downloading my credit report I was horrified to see that I had two CCJs listed against my name at my old address where I have not resided for 3 years.

    When ringing Northampton court it transpires there are two seperate CCJs, one has nothing recorded, the other has a pcn number from my local gym car park. As a gym member you usually get two hours free parking when signing in on a screen at the gym. Sometimes there are errors with this and if a pcn comes through (as it has for our other car, you take to the gym and they have it written off). I have checked and the day the pcn relates to the gym have evidence of my OH who was using the car and is on the insurance, logging in and out of the gym within the 2 hours. We don't have the details for the second date to check but will probably be the same scenario.

    We have received no information only this alert showing on our credit file and it transpires all documentation has gone to my old address. It was an error on my part, not amending the V5 but it didn't even register, I pay the tax monthly on direct debit. At the time of moving my mum was terminally ill and we relocated to care for her, all other bills were changed to new address and we set up two seperate Royal Mail redirections to catch any missed post and I am registered on the electoral role etc.

    The main priority is getting our mortgage that I have waited so long for, I was planning to satisfy the CCJs if this meant the mortgage went through but the mortgage broker has suggested trying to get the CCj's set aside, as a starting point and I just wondered if anybody can offer any helpful advice. I will start drafting a witness statement asap, with the defence that I have never received any copies of the paperwork, there is evidence we were at the gym and whilst we did not amend the V5, I have done so today, as soon as it came to my attention and at the time of the move I was experiencing the hardest time in my life with mum dying.

    My first question is how do I find out further details about the second CCJ to set this one aside too? Or do I put both arguments in one appeal?

    Do we email the parking company directly to negotiate a pay off and CCj being removed?

    Any helpful advice anyone can offer would be greatly appreciated especially as we are in such a time precious situation about 6 weeks away from when we're due to exchange contracts on our house.

    Thanks
Page 1
    • waamo
    • By waamo 10th Apr 18, 12:06 AM
    • 4,231 Posts
    • 5,551 Thanks
    waamo
    • #2
    • 10th Apr 18, 12:06 AM
    • #2
    • 10th Apr 18, 12:06 AM
    In your searching you missed this thread that tells Newbies to read it first.
    http://forums.moneysavingexpert.com/showthread.php?t=4816822

    The second post in that thread details the court process. Late on in the second post is a step by step guide to getting a set aside.
    This space for hire.
    • Redx
    • By Redx 10th Apr 18, 12:24 AM
    • 19,261 Posts
    • 24,477 Thanks
    Redx
    • #3
    • 10th Apr 18, 12:24 AM
    • #3
    • 10th Apr 18, 12:24 AM
    this 6 week time frame seems unrealistic to me , I cannot see the CCJ,s being set aside and new hearings booked in such a short space of time

    the wheels of justice turn very slowly

    but setting them aside is what you should pay for and do, because until this happens the CCJ,s will remain on your credit record and trash it

    we know it as "credit clamping" and the government have looked into this over the last 18 months or so, because it is diabolical

    which idiot parking company or companies have done this to you ?
    Last edited by Redx; 10-04-2018 at 12:26 AM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Johnersh
    • By Johnersh 10th Apr 18, 6:23 AM
    • 1,177 Posts
    • 2,234 Thanks
    Johnersh
    • #4
    • 10th Apr 18, 6:23 AM
    • #4
    • 10th Apr 18, 6:23 AM
    Youll be lucky to have a hearing set down within 6 weeks.

    If time is of the essence and you have the dollar, the quickest method will be a consent order to set aside and an offer to pay in full - particularly if same PPC has two ccjs against you. This is also lowest in terms of risk as it guarantees the outcome.

    If both ccjs relate to the same PPC one £255 fee could be used to apply to set aside both ccjs.

    Do bear in mind that the documents were validly served at your last known address precisely because they are entitled to rely on the address shown on the current v5. It's only if they obtain details, sit on them for months, that it can sensibly be argued that other address searches need to be repeated.

    If you are going to apply to set aside, you need to do so promptly, so now you know about it, that means before the end of this week....
    "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.
    • Quentin
    • By Quentin 10th Apr 18, 9:50 AM
    • 37,308 Posts
    • 21,476 Thanks
    Quentin
    • #5
    • 10th Apr 18, 9:50 AM
    • #5
    • 10th Apr 18, 9:50 AM
    You say you only have 6 weeks to exchange.

    In that case you have much less than 6 weeks to resolve this (getting a new mortgage will have to be sorted prior to exchange, and won't be possible till the ccjs are expunged from your credit files. Although the ccj register does get updated immediately there are changes it does take time for the information to cascade to the credit reference agencies.

    So find out if you can get all this done in time before deciding on your course of action - it would be frustrating were you to pay them off only to discover any set aside by consent comes too late to get the mortgage in good time for you to exchange
    • Half_way
    • By Half_way 10th Apr 18, 10:07 AM
    • 4,273 Posts
    • 6,070 Thanks
    Half_way
    • #6
    • 10th Apr 18, 10:07 AM
    • #6
    • 10th Apr 18, 10:07 AM
    has this caused you any stress/worry, or cost you anything?
    Have you contacted the gym, eco will be responsible for the actions of their agents ?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Running
    • By Running 4th Jun 18, 1:04 PM
    • 12 Posts
    • 11 Thanks
    Running
    • #7
    • 4th Jun 18, 1:04 PM
    • #7
    • 4th Jun 18, 1:04 PM
    We wanted to add to our earlier posts. Firstly to thank everybody on this forum. The Newbie thread has been a hugely helpful resource and we have gone through it no end to help with our situation.

    Just to recap when renewing our mortgage it came to our attention that we had 2 CCJs on credit file both relate to parking fine at gym car park operated by CEL. At the car park you are entitled to 1 hour parking, when accessing the gym you get 2 hours when you type registration into system. They are saying we overstayed the hour free parking but we have evidence of our attendance at the gym. So system didn!!!8217;t work. The original fines went to an old address, we have had no correspondence- similar to saggi1975.

    We applied to have applied to court to have these set aside & sent 3 copies of all of our evidence, and draft order and WS. It has now been suggested we also send a pack to CEL ahead of court date.

    We have our date for court- it is in next week.

    Our defence is- we shouldn!!!8217;t have got the fine as we have evidence of being at the gym. If we had received the fine the gym could have had this revoked as there was evidence we were at the gym, we have received no correspondence and we acted quickly within a few days once it came to our attention.
    Whilst we overlooked updating our v5 log book, at the time my mother was terminally ill and it was the only thing we overlooked when moving to care for her.

    The gym have provided a letter saying they could have had the fine revoked.

    Turns out there are another 2 fines same scenario, not CCJs yet but are in the court remit. We have had no correspondence but have written to CEL to appeal following letters on here. No response as yet. We plan to send a follow up letter later his week.

    There was an additional CCJ that was within 28 days which we paid just to secure the mortgage.

    We have written to local MPs too who are willing to support us.

    At the time the CCJs landed my partner found out she was expecting a baby, she has since had surgery following a miscarriage and the dates link to all the stress with these CCJs too, we have medical evidence of this. It has been a horrendously stressful time.

    We have been reading posts about what to expect on hearing day but are very nervous.
    We plan to take a chronology for the judge and a skeleton argument.

    We will update with court outcome on here.

    Thanks to all the wonderful people who help on here.
    • The Deep
    • By The Deep 4th Jun 18, 2:47 PM
    • 10,005 Posts
    • 9,834 Thanks
    The Deep
    • #8
    • 4th Jun 18, 2:47 PM
    • #8
    • 4th Jun 18, 2:47 PM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another 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 lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    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 they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • KeithP
    • By KeithP 4th Jun 18, 3:39 PM
    • 9,270 Posts
    • 9,499 Thanks
    KeithP
    • #9
    • 4th Jun 18, 3:39 PM
    • #9
    • 4th Jun 18, 3:39 PM
    You may find this video useful:

    .
    • Running
    • By Running 4th Jun 18, 5:54 PM
    • 12 Posts
    • 11 Thanks
    Running
    Thanks both. I have been reading about the bill and quoted that in my letter to MP interesting hearing there arguments. Something needs to happen these parking companies are ruining people’s lives.

    The you tube video was helpful too, thanks for that.

    When we sent our bundle to court we provided 3 x copies of everything. It has been suggested we send this to the parking company. Have others done this ahead of the hearing?
    • KeithP
    • By KeithP 4th Jun 18, 6:21 PM
    • 9,270 Posts
    • 9,499 Thanks
    KeithP
    Have another look at your Notice of Allocation.

    Does it say "Each party must deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing"?
    .
    • Running
    • By Running 4th Jun 18, 7:47 PM
    • 12 Posts
    • 11 Thanks
    Running
    The notice of the hearing application doesn!!!8217;t state anything about delivering documents. Just date and time and hearing.

    I saw on some postings off the Newbie thread about sending docs. We have received no correspondence from CEL whatsoever.
    • KeithP
    • By KeithP 4th Jun 18, 7:51 PM
    • 9,270 Posts
    • 9,499 Thanks
    KeithP
    The notice of the hearing application doesn't state anything about delivering documents. Just date and time and hearing.
    Originally posted by Running
    Most unusual.

    Have you checked both sides?
    .
    • Running
    • By Running 4th Jun 18, 7:58 PM
    • 12 Posts
    • 11 Thanks
    Running
    Yes nothing on the back.
    • Coupon-mad
    • By Coupon-mad 5th Jun 18, 12:50 AM
    • 61,622 Posts
    • 74,512 Thanks
    Coupon-mad
    That's because this is (presumably) a set aside hearing, not the hearing about the claim.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Running
    • By Running 5th Jun 18, 9:19 AM
    • 12 Posts
    • 11 Thanks
    Running
    Yes correct coupon mad, set aside hearing. We have had no correspondence from CEL, only the court but might look more favourable to judge if we have sent documents to them. We sent 3 x copies to court.
    I hope we get it set aside, it has been a terribly stressful few months.

    We are working on our skeleton argument today to take with us
    • Running
    • By Running 13th Jun 18, 10:49 PM
    • 12 Posts
    • 11 Thanks
    Running
    Just a quick update following our court hearing.

    The good news is that we got the 2 CCJs set aside. Thanks to all the wonderful help on this forum and on the newbies thread.

    We were prepared with skeleton defence and chronology but no opportunity to go through as Judge just asked some questions…CEL did not show up.

    We weren’t sure which way it was going to go. Firstly the judge said our WS states that all correspondence went to wrong address, she feels this is not a good enough defence - so basically wash your hands with that, as we forgot to update log book. It was an error on our part due to stress we were dealing with at the time.

    But she acknowledged that if we have evidence that we shouldn’t have got the original PCN then to focus on this and this was the reason she set aside. The car park is free for one hour for the general public, however Gym members are entitled to two hours free parking when signing your registration into an iPad. Civil enforcement limited have raised the claim stating we stayed for 1 hour 36 minutes, so well within the two hours we are entitled to, we have evidence of me logging in and out of the gym from the gym database at these times.
    So unclear exactly what has happened but there is evidence we went to the gym but the registration system clearly hasn’t worked.

    The second CCJ is for outstanding debt and damages - no idea about this as we have received no correspondence.

    Judge has set aside both CCJs and given us 14 days to submit a defence, she strongly urged us to be clear on defence and encouraged us to get see a solicitor. Not sure what to do with that advice.

    Can I ask your helpful advice on what happens now - we resubmit the defence in 14 days, then we have to go to another hearing, is that right? If we win, I guess that is the end. But if we lose, then what? Another 2 CCJs are issued and we have 28days to pay them to remove - would that be correct?

    What is the likelihood of CEL turning up to this hearing in peoples experience?
    • Quentin
    • By Quentin 13th Jun 18, 11:14 PM
    • 37,308 Posts
    • 21,476 Thanks
    Quentin
    Read up on CEL's likelihood of pursuing this in the other cel threads here


    (To answer your questions you must comply with the order and submit your defences in time. If they were to win then yes, you have a month to pay to be able to get the new ones removed from the Register)


    Read up on the experiences of others dealing with CEL at court before deciding to follow the Judge's advice to you to see a solicitor!
    • KeithP
    • By KeithP 13th Jun 18, 11:27 PM
    • 9,270 Posts
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    KeithP
    Running, what happened to costs at the set aside hearing?

    You are I presume £510 down at the moment?
    .
    • Running
    • By Running 13th Jun 18, 11:59 PM
    • 12 Posts
    • 11 Thanks
    Running
    Will have a read of other threads, I have printed a number of the threads off so will go back through. I think from what I remember sometimes they don’t pursue when you submit a defence. Or maybe I am just hoping for that to avoid another hearing!!!!

    Thanks for answering questions...that makes me feel better. It is clear then we must resubmit and then just see what happens - worse case scenario we pay to remove if we loose but hopefully won’t come to that.

    Keith you are correct we are £510 down. Plus an additional £350 for a further ccj we paid off, which was within 28 days as we just wanted to secure our mortgage.

    Further good news is the our MPs are on the case, they provided letter for court. They have referred to a Parlimemtary MP and he is visiting us at home this week. We want to do anything we can to fight this and stop others having to go through it.
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