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  • FIRST POST
    • Shazzer3016
    • By Shazzer3016 17th Apr 18, 12:54 PM
    • 6Posts
    • 1Thanks
    Shazzer3016
    Set Aside disallowed on PE CCJ
    • #1
    • 17th Apr 18, 12:54 PM
    Set Aside disallowed on PE CCJ 17th Apr 18 at 12:54 PM
    I pay for Credit expert monthly to keep track of my credit history but have recently been made aware I should be checking other sites, I did this on 28th Feb and found I have a CCJ from PE.
    After looking into this as I received no paperwork it was not me driving the car. Ticket issued Apr 2014.
    CCJ issued Feb 2015.
    I immediately applied to get CCJ Set Aside as address on paperwork I was copied into was incorrect.
    Went to court last week and the judge wasn't interested in my defence as PE had sent 28 pages detailing they had initially sent to my correct address and after 3 attempts with no response sent to a previous address (I was only living there for two months prior to joining Navy back in 2012 so not even a recent previous address)
    I took with me a credit report detailing no CCJ and one the day after showing said CCJ after I had updated Credit Expert in a view to get this dealt with.
    I also took my Navy Documents showing as serving at the time ( I wasn't away but was trying to explain I would be putting my career in jeopardy by allowing the CCJ to be issued and if I had of known would have paid the initial £60 fine to avoid this happening - despite not being the driver)
    The judge was adamant that whether I received the PE paperwork or not the courts sent out the CCJ paperwork to the current address and as such it's legally assumed it was received.
    After the set aside being dismissed I contacted the bulk centre who issued the original CCJ who have provided a statement that the CCJ was in fact sent to the 2012 temp address as they had taken the wrong one from PE file, if it were to be reprinted now it would revert to my current address (which is why the Judge assumed it was sent correctly)
    The outstanding amount is £200 which I will pay just to get this removed as I'm devastated it's on there especially through no fault of mine.
    DVLA and electoral roll has always been kept uptodate.
    I've been advised it's unlikely an appeal will be accepted and I would need legal representation which I would have to pay for.
    As set aside has already happened once could I still contact PE to try and enter into a consent order?
    I'm really quite upset by all of this and have ongoing Mental Health issues as it is.
    TIA
    Last edited by Shazzer3016; 17-04-2018 at 4:35 PM.
Page 1
    • IamEmanresu
    • By IamEmanresu 17th Apr 18, 1:21 PM
    • 3,284 Posts
    • 5,512 Thanks
    IamEmanresu
    • #2
    • 17th Apr 18, 1:21 PM
    • #2
    • 17th Apr 18, 1:21 PM
    You may have missed the second point at the hearing. The judge has to decide if the paperwork went to the correct place (which he appears to have accepted). The second point is that if he did commit more court time to a re-hearing, would you have won anyway? He may have decided that it was better not to have a rehearing / commit court time - and the address issue was the one he chose to effect that decision.

    Where there is a risk to a job, house, financial reputation, the agreed court method is a "with consent" set aside. Did you contact PE to see if they would agree the set aside if you paid them first?
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • KeithP
    • By KeithP 17th Apr 18, 2:02 PM
    • 9,263 Posts
    • 9,477 Thanks
    KeithP
    • #3
    • 17th Apr 18, 2:02 PM
    • #3
    • 17th Apr 18, 2:02 PM
    I pay for Credit expert monthly to keep track of my credit history...
    Originally posted by Shazzer3016
    This slightly concerns me.

    Are you saying that you are paying for a service that doesn't deliver what you are paying for?

    CCJ issued in 2015 yet not reported.

    Of course this is well off topic, but you might like to consider cancelling that.
    .
    • Shazzer3016
    • By Shazzer3016 17th Apr 18, 2:06 PM
    • 6 Posts
    • 1 Thanks
    Shazzer3016
    • #4
    • 17th Apr 18, 2:06 PM
    • #4
    • 17th Apr 18, 2:06 PM
    IamEmanresu
    Thank you that makes sense....no I didnít I jumped straight in with both feet to set aside as assumed it would be straightforward, is this something I could try now or does it have to be done prior to set aside process?
    • Quentin
    • By Quentin 17th Apr 18, 2:09 PM
    • 37,302 Posts
    • 21,453 Thanks
    Quentin
    • #5
    • 17th Apr 18, 2:09 PM
    • #5
    • 17th Apr 18, 2:09 PM
    The outstanding amount is £200 which I will pay just to get this removed as I'm devastated it's on there especially through no fault of mine
    Paying it off won't remove it. (Just gets it marked satisfied as long as the court is informed - satisfied ccjs carry similar issues to unsatisfied ones)

    A ccj (paid or ignored) stays on your files and the register the full 6 years.
    Last edited by Quentin; 17-04-2018 at 2:15 PM.
    • Shazzer3016
    • By Shazzer3016 17th Apr 18, 2:15 PM
    • 6 Posts
    • 1 Thanks
    Shazzer3016
    • #6
    • 17th Apr 18, 2:15 PM
    • #6
    • 17th Apr 18, 2:15 PM
    But am I right in thinking if I get a consent order signed by PE and submit to court it can be removed if agreed by both parties?
    • Coupon-mad
    • By Coupon-mad 17th Apr 18, 3:17 PM
    • 61,597 Posts
    • 74,497 Thanks
    Coupon-mad
    • #7
    • 17th Apr 18, 3:17 PM
    • #7
    • 17th Apr 18, 3:17 PM
    Yes, and PE do agree to them - because it means they get paid the money and they can use these as examples to give a veil of legitimacy to their aggressive court action ('look, we play nicely when asked, we are not anti consumer' ...yeah right...).

    How people actually work there and hold their heads up high is beyond me.

    See other threads (search ParkingEye with consent as forum keywords).

    You must have already spent £255 on the set aside hearing and would now need to file again for £100 for a with-consent order, and will have to pay PE off too. Ouch.

    I would hope this can be applied for after a failed 'set aside hearing' but I don't know for sure whether you can have a second go, with consent instead. Never seen this before.
    Last edited by Coupon-mad; 17-04-2018 at 3:19 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.

    • Shazzer3016
    • By Shazzer3016 17th Apr 18, 3:34 PM
    • 6 Posts
    • 1 Thanks
    Shazzer3016
    • #8
    • 17th Apr 18, 3:34 PM
    • #8
    • 17th Apr 18, 3:34 PM
    Thank you I!!!8217;ll look into this further then....I!!!8217;m dumbfounded how a CCJ can be administered with the defendant completely unaware of it and then despite having proof contrary to what the judge says it still stands.
    Last edited by Shazzer3016; 17-04-2018 at 4:36 PM.
    • Quentin
    • By Quentin 17th Apr 18, 3:44 PM
    • 37,302 Posts
    • 21,453 Thanks
    Quentin
    • #9
    • 17th Apr 18, 3:44 PM
    • #9
    • 17th Apr 18, 3:44 PM
    Throughout here you are advised never to reveal who was driving

    You need to edit your post to remove details of who was driving

    The ppcs monitor this forum and can use your posts against you
    • Redx
    • By Redx 17th Apr 18, 4:58 PM
    • 19,253 Posts
    • 24,463 Thanks
    Redx
    Thank you I!!!8217;ll look into this further then....I!!!8217;m dumbfounded how a CCJ can be administered with the defendant completely unaware of it and then despite having proof contrary to what the judge says it still stands.
    Originally posted by Shazzer3016
    take it up with your MP then , that is what they are there for, plus some 18 months ago a certain T MAY decided to have this looked into and appointed one of her ministers to do so

    here is one article about it

    http://www.dailymail.co.uk/news/article-5214075/Action-debt-judgement-rogue-firms-abuse-announced.html

    and another

    https://www.pressreader.com/uk/daily-mail/20160912/281479275869254

    it may be new to you, but it is certainly not "new"
    Last edited by Redx; 17-04-2018 at 5:00 PM.
    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
    • Half_way
    • By Half_way 17th Apr 18, 5:09 PM
    • 4,273 Posts
    • 6,070 Thanks
    Half_way
    Follow the advice above, in particular a set aside with consent, plus in whose car park was the original parking ticket issued?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Quentin
    • By Quentin 17th Apr 18, 5:18 PM
    • 37,302 Posts
    • 21,453 Thanks
    Quentin
    ......... dumbfounded how a CCJ can be administered with the defendant completely unaware of it and then despite having proof contrary to what the judge says it still stands.
    Originally posted by Shazzer3016
    When you apply for a set aside there are 3 hurdles to cross (apply promptly/good reason why you should be given another chance - eg forms sent to wrong address/reasonable defence that should be heard

    You must have failed at least one of those
    Last edited by Quentin; 17-04-2018 at 6:00 PM.
    • Half_way
    • By Half_way 17th Apr 18, 5:22 PM
    • 4,273 Posts
    • 6,070 Thanks
    Half_way
    The reason for asking as to who's car park it was, is that in some car aprks there are issues at play regarding PPCs, places such as residential parking, Hospitals, some retail car parks and so on.
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • Shazzer3016
    • By Shazzer3016 17th Apr 18, 5:34 PM
    • 6 Posts
    • 1 Thanks
    Shazzer3016
    It was a Harvester Car Park and was used for that purpose.
    • Shazzer3016
    • By Shazzer3016 17th Apr 18, 5:35 PM
    • 6 Posts
    • 1 Thanks
    Shazzer3016
    The Judge kept pointing out the time lapse of 3 years and why I hadn't acted promptly - I advised because I didn't know anything about it and as soon as i did I could document that I acted with haste.
    • Coupon-mad
    • By Coupon-mad 17th Apr 18, 5:39 PM
    • 61,597 Posts
    • 74,497 Thanks
    Coupon-mad
    You can appeal his decision if he made it because he thought you took 3 years, and/or assumed wrongly, the address the court used for service, and thus he erred in law.

    However, I think an appeal is harder to win, and more expensive (over £100) than a 'with consent' set aside which should be achievable with PE. What I am unsure of, if whether that door is still open to a Defendant after a refused hearing (contested) set aside.
    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.

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