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  • FIRST POST
    • Crebag
    • By Crebag 15th May 19, 8:53 PM
    • 16Posts
    • 6Thanks
    Crebag
    Parking ticket now a ccj advice please
    • #1
    • 15th May 19, 8:53 PM
    Parking ticket now a ccj advice please 15th May 19 at 8:53 PM
    Hi Guys/Gals. My 1st post so apologies in advance if this is the wrong place, I'm looking for some advice, My car was issued a parking fine last year (think they was called parking eye) whilst my Ex girlfriend was using my car, when I received the fine I basically passed this on to her and asked her to deal with it, basically she never paid, even though she told me she would do it, when I got the second reminder I again asked her and her reply was she paid a few days before.
    Now, after having major building work done on our home and major problems with post and deliveries being undelivered, delivered to the wrong address, and even in one instance the temporary post box I put out for the postman (who couldn't get to my front door due to building work) was stolen! Anyway, I got an email from Experian saying your credit rating has changed please log in to see.....
    Anyway I got around to logging in today to see to my horror that I have had a CCJ on my credit record due to this said unpaid parking fine. I have spent most of my savings on my house renovations in which I live with my 2 young children of whom I have custody of due to there mother having alcohol issues. before this drama I was thinking of maybe taking some equity out of our home to pay for the final bits and bobs to finish off our home to make it nice for the girls and now after doing some online research this CCJ could make it very difficult to release any equity. I'm aware I can request a "set aside" on the ruling but my heads spinning and I wouldnt have a clue where to start or any idea if it would be sucessful. Any advice would be greatly appreciated. Thanks in advance. John
Page 2
    • Coupon-mad
    • By Coupon-mad 16th May 19, 8:13 PM
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    Coupon-mad
    Next week is fine, easily prompt enough to do the N244!

    We never see set asides lost on this parking forum, but your situation is different as you are not saying they served it to the wrong address. So your hardest job is to satisfy the Judge that the upheaval at your house was so significant and post was completely lost (post box stolen, I think you said?) that this had the same effect as if the N1 claim was never posted to you at all, and you would certainly have defended the case, not ignored it, had a Claim been properly served, not least because VCS admit their PCNs do not use POFA wording and they simply try to rely on a dodgy and unlawful assumption that a keeper was the driver.

    Read Excel v Smith (on appeal, as the first Judge misapplied the law) and have that case in mind as one to use as later defence evidence, as it's an appeal case that explains why a parking firm can't make any lawful presumption and nor can they use the 'law of agency' against a consumer and somehow say your gf was driving the car 'as your agent'!

    Read that appeal case - it's linked by the Parking Prankster in his case law pages. And Excel and VCS are sister companies owned by the same fat cat ex ''Captain Clampit'' so VCS can't say they don't know they can't presume a keeper's liability!

    https://www.dailymail.co.uk/news/article-2713705/The-parking-ticket-fat-cats-one-s-chum-Prezza-two-drive-Aston-Martins-Meet-men-ve-millions-motorists-misery.html

    That's the guy who signed the claim form you never got. He doesn't need your hard-earned, and has no right to ruin your credit rating.
    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
    • Crebag
    • By Crebag 17th May 19, 6:42 AM
    • 16 Posts
    • 6 Thanks
    Crebag
    Morning CM, just a quick one, would a statement from my postman help to explain how bad access to my house was? Also, what about if I got a statement from my Ex to admit that it was actually her who was the driver on that day? Just wondered if these had any benefit.
    • Coupon-mad
    • By Coupon-mad 17th May 19, 11:22 AM
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    Coupon-mad
    Yes, get both, headed up WITNESS STATEMENT and signed AND dated. All good!
    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
    • Crebag
    • By Crebag 17th May 19, 12:02 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    Would the postman have to give me his address etc for his witness statement? I dont know him that well and he might not like that idea?
    • Coupon-mad
    • By Coupon-mad 17th May 19, 12:04 PM
    • 72,078 Posts
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    Coupon-mad
    Ask him to put his address as c/o the Post office he works for, plus his Job Title.
    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
    • Crebag
    • By Crebag 17th May 19, 1:34 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    Just spoke with Postman, he has no issues signing a statement, he did ask me would he be called as a witness to court as he basically doesnt want this issue interfering with his daily life (understandably) I told him I wasn't sure and would ask?
    Now the problem is getting my Ex to write her statement although which she has agreed to in principle. I Will work on my statement over the weekend and pop it up on here at some point for you to have a quick read through if you would please and get it off to the courts Monday. Thanks for all your help C-M.
    • Coupon-mad
    • By Coupon-mad 17th May 19, 7:05 PM
    • 72,078 Posts
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    Coupon-mad
    You can file extra WS in support of your own, and those people do not have to attend the hearing, as no-one is going to summons them!

    However, it means the PPC might try to dismiss those WS as hearsay, because the witnesses are not there to be questioned. But they are all part of a rich tapestry of evidence you are supplying and you would hope a Judge will prefer your evidence and WS to the Claimant's pile of trash, anyway.
    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
    • Crebag
    • By Crebag 18th May 19, 5:12 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    A quick question for a friend as I didn't want to start a new thread, he too recently got a CCJ same company as mine and also never received any details n the post, sent to wrong address. He though unfortunately has paid the CCJ. Can he still request a set aside? If it is possible hes willing to spend another 255 to try and improve his credit record.
    Last edited by Crebag; 18-05-2019 at 5:14 PM. Reason: typo
    • Umkomaas
    • By Umkomaas 18th May 19, 5:36 PM
    • 23,378 Posts
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    Umkomaas
    A quick question for a friend as I didn't want to start a new thread, he too recently got a CCJ same company as mine and also never received any details n the post, sent to wrong address. He though unfortunately has paid the CCJ. Can he still request a set aside? If it is possible hes willing to spend another 255 to try and improve his credit record.
    Originally posted by Crebag
    To set aside what? He's paid and therefore accepted the Judgment. Tell him not to throw 255 at the court for them to dismiss the set aside application, immediately after popping his 255 into their till.

    This will compound his error in paying off the CCJ after learning of its affect on his credit file.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Crebag
    • By Crebag 18th May 19, 5:48 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    Hi Umkommas, he paid the judgement owed to the Claimant (150) in panic as soon as he seen a CCJ on his file (Which was very quickly after the CCJ was issued but just a few days after the 28 days allowed time.. But he feels he has good chance to get the CCJ removed if he appealed?
    • Umkomaas
    • By Umkomaas 18th May 19, 5:52 PM
    • 23,378 Posts
    • 37,254 Thanks
    Umkomaas
    Hi Umkommas, he paid the judgement owed to the Claimant (150) in panic as soon as he seen a CCJ on his file (Which was very quickly after the CCJ was issued but just a few days after the 28 days allowed time.. But he feels he has good chance to get the CCJ removed if he appealed?
    Originally posted by Crebag
    I'm not the court expert on this, but I've read enough threads over the years.

    If he wants to try it his way, just let us know how he gets on. I've nothing further to contribute to help him - others might have other advice.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    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.
    • Crebag
    • By Crebag 19th May 19, 5:57 PM
    • 16 Posts
    • 6 Thanks
    Crebag
    A couple of last questions please guys, does the claimant contact the court once the judgement has been paid or not?

    Would the fact the CCJ claimant had been paid stop the chance of the set aside hearing being granted?

    The reason I ask is another friend had a CCJ via a parking company, she paid the company late and was left with the CCJ on her credit report, she then appealed (2 years later) for a set aside as she wanted a mortgage and it was granted by the judge and she said the claimant never showed (I suppose because they was paid, why would they waste money going to court).
    • Coupon-mad
    • By Coupon-mad 19th May 19, 10:42 PM
    • 72,078 Posts
    • 84,429 Thanks
    Coupon-mad
    Would the fact the CCJ claimant had been paid stop the chance of the set aside hearing being granted?
    It shouldn't matter but it wasn't the right thing to do, and some Judges might see it as an admission (clearly your friend's Judge didn't!).

    Listen, if it were me, I'd apply for the set aside.

    Read LOTS of recent 2019 set aside threads, to see what to do, and copy their WS.
    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
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