County Court Judgement From 2 Years Ago

[craigbisby1]

Hi all

Upon checking my credit file recently I have found a CCJ on there which I never knew about.

I wrote to Northampton Courts to find out what this is and it was from Parc Llandudno Parking Eye. My wife works at Next which is based there. I can't be 100% and doubt very much that she would have left the car there while at work as she knows that there would be a parking charge. Also as we only had one car then I would have dropped her off at work and picked her back up later.

What can I do to solve this?
Th
anks

Craig

[mystery1]

Re: County Court Judgement From 2 Years Ago

Assuming you did not know about this then it appears you were not served the court papers and so the court MUST set it aside.

https://www.justice.gov.uk/courts/pr...l/rules/part13

Cases where the court must set aside judgment entered under Part 12
13.2 The court must set aside(GL) a judgment entered under Part 12 if judgment was wrongly entered because–
(a) in the case of a judgment in default of an acknowledgment of service, any of the conditions in rule 12.3(1) and 12.3(3) was not satisfied;
(b) in the case of a judgment in default of a defence, any of the conditions in rule 12.3(2) and 12.3(3) was not satisfied; or
(c) the whole of the claim was satisfied before judgment was entered.




http://legalbeagles.info/library/how...-judgment-ccj/

Depending on the reasons for setting aside, needing credit for example you may wish to take the easy route and get parking eye to agree to a set aside so you can apply for £50 instead of £155.

M1

[craigbisby1]

Re: County Court Judgement From 2 Years Ago

Thank you Mystery1 I will try and contact Parking Eye to see if they will agree to set it aside

[emanresu]

Re: County Court Judgement From 2 Years Ago

Thank you Mystery1 I will try and contact Parking Eye to see if they will agree to set it aside

That's an option. A "with consent" set-aside is £80 but if they refuse you can still do a "without consent" set-aside at £155.

Have seen them do a "with consent" before as the issue was that driver could directly lose their job for having a CCJ so there has to be a good reason for PE to go that route.

If they refuse go, with the other option. About 10% of ParkingEye court hearings are "without consent" set-asides. With these sort of levels of "error" something must be wrong with their systems - but we knew that anyway.

[mystery1]

Re: County Court Judgement From 2 Years Ago

That's an option. A "with consent" set-aside is £80 but if they refuse you can still do a "without consent" set-aside at £155.

Have seen them do a "with consent" before as the issue was that driver could directly lose their job for having a CCJ so there has to be a good reason for PE to go that route.

If they refuse go, with the other option. About 10% of ParkingEye court hearings are "without consent" set-asides. With these sort of levels of "error" something must be wrong with their systems - but we knew that anyway.

I have found that when PE are offered up payment in return for a set aside then the greed kicks in and they agree. With consent is £50 http://hmctsformfinder.justice.gov.u.../ex050-eng.pdf page 6.

Not a fan of paying but paying about £250 in total could be small fry if a mortgage is at stake.

M1