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  • FIRST POST
    • Fordmustang78
    • By Fordmustang78 4th Aug 18, 1:28 PM
    • 5Posts
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    Fordmustang78
    I need help with an unfair CCJ from a parking fine to the wrong address!
    • #1
    • 4th Aug 18, 1:28 PM
    I need help with an unfair CCJ from a parking fine to the wrong address! 4th Aug 18 at 1:28 PM
    I recently checked my Experian to find I had a CCJ without any prior notification. After talking to the Court that issued the CCJ, it seems I had a parking fine sent to the wrong address. I have tried to appeal on-line to the Civil Enforcement Ltd but they have not responded in over 40 days, I call them and get nothing, I can't reach a human being and its driving me crazy! Please can someone help - I'm not disputing I should pay the original fine but I was not made aware of it. I also know the person who now lives in my previous address and she tells me there were no letters, bailiffs, etc or should would have let me know. How do I fight this?! I can not get credit and will be penalised for 6 years or pay 255 to fight in court which scares me to death!
Page 1
    • Umkomaas
    • By Umkomaas 4th Aug 18, 1:48 PM
    • 18,839 Posts
    • 29,619 Thanks
    Umkomaas
    • #2
    • 4th Aug 18, 1:48 PM
    • #2
    • 4th Aug 18, 1:48 PM
    I can not get credit and will be penalised for 6 years or pay 255 to fight in court which scares me to death!
    Even if you pay CEL the original amount, your credit rating remains trashed. The only way out of this is via a set aside, but you can't spend time contemplating your navel on it; Judges expect you to start the set aside process almost as soon as you find out. Stop trying to contact CEL.

    Court papers being served on an old address should see the set aside granted almost automatically. CEL are unlikely to challenge further beyond the set aside.

    Go to the NEWBIES FAQ sticky, post #2 to learn how to get the process underway - but don't delay in doing so.
    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.
    • Fordmustang78
    • By Fordmustang78 4th Aug 18, 2:13 PM
    • 5 Posts
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    Fordmustang78
    • #3
    • 4th Aug 18, 2:13 PM
    • #3
    • 4th Aug 18, 2:13 PM
    Thank you - is there also advice on how to fill out the court document? I don't understand most of it - is there an example to follow?
    • Quentin
    • By Quentin 4th Aug 18, 2:25 PM
    • 36,794 Posts
    • 20,895 Thanks
    Quentin
    • #4
    • 4th Aug 18, 2:25 PM
    • #4
    • 4th Aug 18, 2:25 PM
    Yes. .

    But read up on this properly before filling in your application

    If you mean you have been trying to sort this for 40 days since discovering the CCJ then you are too late to apply for a set aside
    Last edited by Quentin; 04-08-2018 at 2:29 PM.
    • Fordmustang78
    • By Fordmustang78 4th Aug 18, 3:03 PM
    • 5 Posts
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    Fordmustang78
    • #5
    • 4th Aug 18, 3:03 PM
    • #5
    • 4th Aug 18, 3:03 PM
    But I was waiting for the results of the appeal as I did not know to just immediately do a set Judgment aside - can I not state that in my claim?
    • Quentin
    • By Quentin 4th Aug 18, 4:06 PM
    • 36,794 Posts
    • 20,895 Thanks
    Quentin
    • #6
    • 4th Aug 18, 4:06 PM
    • #6
    • 4th Aug 18, 4:06 PM
    Unlikely the court will accept that as a reason for such a long delay


    (With court claims you only get 14 days to respond! Time is really important with both claims and applying for a set aside)


    The 255 fee may well be wasted on a set aside application after 6 weeks or more


    You say you are happy to pay the CCJ off - in that case read up in set aside by consent which could succeed if the claimant agrees - andcosts 100 in court fee
    • Fordmustang78
    • By Fordmustang78 6th Aug 18, 7:44 AM
    • 5 Posts
    • 0 Thanks
    Fordmustang78
    • #7
    • 6th Aug 18, 7:44 AM
    • #7
    • 6th Aug 18, 7:44 AM
    I will call the courts today and ask if it is too late but I have written the letter and will submit if they agree.

    I'm not happy to pay the final fine of 349, just the original fine of 60, I'd rather spend it on going to court than give it to those vultures!
    • The Deep
    • By The Deep 6th Aug 18, 8:38 AM
    • 9,960 Posts
    • 9,742 Thanks
    The Deep
    • #8
    • 6th Aug 18, 8:38 AM
    • #8
    • 6th Aug 18, 8:38 AM

    Unlikely the court will accept that as a reason for such a long delay


    Then they should. Far too many CCJs are issued in parking cases by default.

    Court Officials/judges should be informed that PPCs may only obtain an appellant's details once, and the reason they have not responded may well be s because the paperwork was snt to the wrong address. Especially if the charge was issued some time ago.

    This is a classic case in which you shoulf get your MP on board.

    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 House of Commons recently

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

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    Last edited by The Deep; 06-08-2018 at 8:40 AM.
    You never know how far you can go until you go too far.
    • beamerguy
    • By beamerguy 6th Aug 18, 8:58 AM
    • 8,091 Posts
    • 10,608 Thanks
    beamerguy
    • #9
    • 6th Aug 18, 8:58 AM
    • #9
    • 6th Aug 18, 8:58 AM

    Unlikely the court will accept that as a reason for such a long delay


    Then they should. Far too many CCJs are issued in parking cases by default.

    Court Officials/judges should be informed that PPCs may only obtain an appellant's details once, and the reason they have not responded may well be s because the paperwork was snt to the wrong address. Especially if the charge was issued some time ago.
    Originally posted by The Deep
    Whatever happened to Theresa May's promise that this will be stopped ..... or was that FAKE NEWS ???
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Half_way
    • By Half_way 6th Aug 18, 9:16 AM
    • 4,214 Posts
    • 5,963 Thanks
    Half_way
    who's car park was this ?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
    • nosferatu1001
    • By nosferatu1001 6th Aug 18, 11:15 AM
    • 3,049 Posts
    • 3,735 Thanks
    nosferatu1001
    NEWBIES thread has an entire section on set asides.

    You need three items:
    1) A draft order - this i swhat you want the court to do if they grant, so
    -> 1) is set aside the judgement of X date 2) is costs to be reserved 3) the claimant to serve on the defendant a copy of the claim form and full particulars of claim within 14 days of set aside 4) if the claimant fails to comply with 3) or discotninues then para 2 will cease to apply and your costs of set aside sumarily assessed at 255 to be paid by the claimant within 14 days

    2) A witness statement to support your set aside, signed with a statement of truth. This states they erved it on your address of X which was moved out Y months previously, you were "there to be found" at your new address as you were on the gas bill / water / council tax / credit card (list all that apply) and the claimant therefore never served the claim form, as it was not to the address for service.
    3) Just in case they dont accept the argument in 2) as automatically setting aside the judgment, you have to supply a defence. This can be a copy of ANY CEL DEFENCE ON HERE, from 2018 only, adjusted to fit your dates and times.

    The form itself isnt too tricky, just read it in sections.

    You should go to your local ocurt TODAY and apply. DONT go to the CCBC and use them - theyre swamped. Local court ONLY.
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