CCJ Help

[Nicola1]

Good afternoon

I am looking for some guidance/help on what I need to do.

Approx 3 weeks ago, I checked my Martin Lewis Credit Club score and saw my credit rating had plummeted significantly - this was previously 999.

On there were details of a CCJ dated November 2017 which I had no knowledge of. The next day I contacted Northampton Court and they explained this was from a parking fine issued in 2015 that I had not paid. I paid the full balance due on that day which was £368.00.

I briefly remember receiving a parking fine but appealed it as I was in a fast food outlet and the whole time I was there. I never heard back from the appeal and have moved house since then and did not receive any notification of this.

I still at this point do not know the name of the company who has issued this CCJ, I just panicked and paid the court.

I feel these circumstances are unfair and I would like guidance on where to go from here.

Any help would be appreciated.

Thank you.

[obscure]

1. What does being in a fast food restaurant have to do with getting/not getting a ticket? Were you legally parked in accordance with the rules/time limits of the car park owner or not?

2. You moved house and didn't update the council/company as to your new address is that correct? So they can only be expected to send notifications to the last address you gave them.

So what exactly is it you feel is unfair?

[ploddertom]

It's a great shame you paid it without investigating further as you may have been able to have it set aside. The sad thing now is that this will remain on your credit file for the next 5.5 years or so, the best you can get is to have it marked as Satisfied.

[Diana M]

On there were details of a CCJ dated November 2017 which I had no knowledge of. The next day I contacted Northampton Court and they explained this was from a parking fine issued in 2015 that I had not paid. I paid the full balance due on that day which was £368.00.

I briefly remember receiving a parking fine but appealed it as I was in a fast food outlet and the whole time I was there. I never heard back from the appeal and have moved house since then and did not receive any notification of this.

I still at this point do not know the name of the company who has issued this CCJ, I just panicked and paid the court.

I notice that you haven't/didn't pay the Claimant since you don't know who they are - you paid NCCBC direct. This issue needs to be explored.

The claim was served on an address where you no longer lived so an Application to set aside the CCJ may be appropriate under CPR 13.2 > https://www.justice.gov.uk/courts/pr...es/part13#13.2

This forum has some information on how you can do that here > https://legalbeagles.info/library/ho...-judgment-ccj/

You say you made an appeal at the time but heard no more so presumably you (wrongly) believed that was the end of the matter. What was the basis of your appeal such as no signage to alert you to the parking restriction on private property? If so that could be your Draft Defence with the set aside Application.

Or did you pay at the machine but overstayed?

£368 seems an awful lot of money for a parking fine - how did that happen?

Once you establish the facts you can approach the parking company and ask them to consent to the set aside to avoid a formal court application since I presume you want to remove this CCJ from your credit file to prevent damage to your financial reputation in the event of you requiring a mortgage etc.

Di

[Nicola1]

Thank you for the replies.

Is the option to have this set aside still available to me or is this not because I have paid?

The basis of my appeal was that I was not aware of the restrictions due to the signage not being positioned in a place where it could be seen clearly.

This was not a pay and display, it was a time restricted car park - so the original notification advised me (as I seem to recall).

£368 was the amount stated on my credit file and in panic I just paid this. I need to get this removed as it could affect not only my finances but also my job.

Nicola

[Nicola1]

Thank you all for your assistance and guidance.

I am pleased to confirm the CCJ issued by CIVIL ENFORCEMENT LTD has been set aside.

I sent a letter to Civil Enforcement Ltd explaining they issued letters to an old address I have not lived at for a number of years and requested the CCJ be set aside.

I received a response confirming they would agree to this and they provided a draft consent order for me to sign and forward to Northampton County Court along with a fee of £100 for the Court costs.

I signed this and sent this to the Court with a witness statement produced stating why I felt this should be set aside.

Approx 6 weeks later I received confirmation from the Court the judgement had been set aside. It then took 4 weeks for Experian to update and my credit score is back to where it was at 999.

I am so grateful for the guidance, advice and time of Diana Mayhew, she has been and continues to be a great support. Diana is now looking into the prospect of me trying to reclaim the costs I have paid and we continue to stay in contact.

Thank you.

[ploddertom]

Wonderful news for you.

[Amethyst]

That's great news.

Have CEL discontinued the claim altogether now the judgment has been set aside ?

[Nicola1]

One point of the consent order stated “the proceedings in this matter be dismissed”, excuse my lack of knowledge, does that mean the case has been discontinued altogether?

[R0b]

A claim that has been discontinued is slightly different to a claim that has been dismissed. If a claim is discontinued then to re-open the same claim CEL would need to apply to the court for permission to do that whereas when a claim is dismissed, it has the same effect as if it went to trial and the judge found in your favour. The only way to revive a claim that is dismissed would be to appeal it, but appeals are strict and certain conditions need to be met.

In short, a dismissal is better for you than a discontinuance or a withdrawal of the claim.