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CCJ for a not paying to park - But I did

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  • CCJ for a not paying to park - But I did

    Hello all,

    I parked in multi storey carpark overnight whilst staying in a Premier Inn they partnered with. The hotel offered a 25% discount on the cost of parking. I stayed one night, the following morning I went to pay but the discount wasn't showing. The car park office told me to go back to the hotel and ensure my reg was entered on their tablet. Back and forth twice with no change in the fee until the car park office manually added the discount and told me to pay at the machine beside the desk. I did so and off I went. I was inbetween addresses and visited a friend in the South and then abroad for 6 weeks. When I returned I had a fine stating I hadn't paid for parking. I contacted them to explain I had paid and had proof but they told me it was outside my appeal period and they couldn't help. I explained to them I had no fixed address and I had health conditions that meant I would struggle to deal with them and to secure along term address. They refused to help. I went back to the parking office and asked them for contacts or help, they couldn't offer anything. In that time my health massively declined, I'm under the care of numerous medical consultants/departments and in all honesty I gave up and eventually forgot about the fine. As of this week I found out they had applied for and successfully been granted a CCJ.
    I understand my error was to forget the matter, but I have cognitive struggles and was in and out of medical care. I had tried several times to resolve the matter initially but my capacity to do so obviously dwindled. My focus was very much surviving and getting back to work ASAP.
    It is now almost 4 weeks since the CCJ was issued, I will struggle to pay the 275 fee to set aside the order. I understand I can possibly make an attempt to have the CCJ removed by mutual consent. Has anyone managed to successfully have a CCJ removed by mutual consent, or successfully had an order set aside? Were you successful in having the fee paid by the claimant?
    My concern is that given the delay in me responding and forgetting the fine, the court may look unfavourably at my claim.

    Thanks for reading
    Tags: None

  • #2
    Hopefully someone here will be able to advise on set aside but as far as mutual consent is concerned private parking companies are notorious for caring nothing about people's personal problems and exist only to extract as much money from you as they can. They are a bunch of villains. So as they weren't willing to drop it before they started court proceedings it seems highly unlikely they would voluntarily agree to anything now.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      You state you had no fixed abode, so did you ever receive court papers regarding the claim?

      If you are struggling to fund an application you might qualify for assistance https://www.gov.uk/government/public...-tribunal-fees

      Comment


      • #4
        I expect an address for the registered keeper is shown on DVLA records.
        Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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