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Private Parking - CCJ - Have Proof That We Shouldn't Have Been Fined, Threads merged
captain123
post Wed, 5 Dec 2018 - 20:43
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Evening all.

Back in 2016 my wife parked up in a pub car park. We ate in the pub (spent £100), and on the way in we gave our registration plate upon request (presumably to make us exempt from any illegal parking fines issued for by non-customers).

A few months later we received parking penalty notice from a company called Civil Enforcement Ltd for parking in the pub. I think it was for £60. So we emailed the pub, explained the situation, sent them a screenshot of our bank statement (for paying for the food) and they agreed to cancel the parking fine. I have this written in an email as proof from the pub manager.

A few months later we received another notice asking for us to pay the fine. Since we were told this would be cancelled we ignored it. I tried phoning Civil Enforcement Ltd, but the phone line goes directly to a 'pay your fine' automated system. I've tried emailing them, and also their 'debt recovery' partners (ZZPS) but nobody is listening to me!

Shortly afterwards we received a notice of a CCJ/court order (can't remember specifically what it was), of which we also ignored. We then didn't hear anything and haven't heard anything since.

However when we came to remortgage a few months ago, we were rejected because my wife has a CCJ for this incident!

When we contacted Northampton courts they want an 'appeal' fee of £150 if I recall - which seems ridiculous since we've sent them the evidence that this fine shouldn't even exist!

So in summary, I've contacted the pub, the private parking company, the debt recovery company, the courts and it seems that I'm being passed from pillar to post even though I have evidence that we have mistakenly been fined!

I contacted consumer advice and they were like a chocolate fire guard to be honest.

I'm not honestly sure what else to do? Any advice is appreciated!
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nosferatu1001
post Tue, 11 Dec 2018 - 10:50
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Indeed

OP
I cant strss this to you

The merits of the original case are basically gone. Your issue now is the CCJ, and how to deal with that
Ignoring court papers is unlikely to result in a court going "yes, sure, here have a set aside and a new hearing to hear the claim"
So, you would be £255 down the drain and still have to pay the judgement and worst of all, it would STILL be on your credit file for 5 or so years

Or
do what is the most likely "win" here - repairing your credit file - by getting an uncontested set aside
Costs you the full judgement (but no more to CEL) plus the £100, and you MUST of course get their consent for this.
You hve a good chance of this being rubberstamped by the courts.

Or

Ignore the advice here, try to "bargain" with a company that not only holds all the cards, but is playing an entirely different game to the one you think youre playing, lose, and run out of time to file a set aside.
As you only had 21 days from finding out

Your choice. But please, plesae, PLEASE show you now understand your options. The fact noone has yet agreed with you, over 2 pages and multiple posters, might be a clue that your plan has flaws.
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Posts in this topic
- captain123   Private Parking - CCJ - Have Proof That We Shouldn't Have Been Fined   Wed, 5 Dec 2018 - 20:43
- - Jlc   Yup, you will have to apply to have the judgment s...   Wed, 5 Dec 2018 - 20:51
- - Redivi   Shortly afterwards we received a notice of a CCJ/c...   Wed, 5 Dec 2018 - 20:58
- - captain123   Thanks both. To be honest, we moved out of the ho...   Wed, 5 Dec 2018 - 21:11
|- - The Rookie   QUOTE (captain123 @ Wed, 5 Dec 2018 - 21...   Wed, 5 Dec 2018 - 21:36
- - nosferatu1001   Ignoring a claim form pretty much gave you no opti...   Thu, 6 Dec 2018 - 12:42
- - captain123   Blimey.... So to be clear, I should: - Grab CEL...   Thu, 6 Dec 2018 - 12:58
- - The Rookie   Legally parked is meaningless with respect to priv...   Thu, 6 Dec 2018 - 13:05
- - nosferatu1001   No, thats not correct You ignored a court claim f...   Thu, 6 Dec 2018 - 14:06
- - captain123   Just to be clear, if I asked them to set it aside,...   Thu, 6 Dec 2018 - 14:07
- - nosferatu1001   What part of "OU pay the entire judgement and...   Thu, 6 Dec 2018 - 14:11
- - captain123   So I agree to pay for the 'judgement' (I g...   Thu, 6 Dec 2018 - 14:18
- - Redivi   So I agree to pay for the 'judgement' (I g...   Thu, 6 Dec 2018 - 14:33
- - Sheffield Dave   You're conflating two very different issues he...   Thu, 6 Dec 2018 - 14:54
- - peodude   gov.co.uk says: QUOTE If you do not owe the money...   Thu, 6 Dec 2018 - 16:13
- - Redivi   The Court MAY set aside the judgment in the presen...   Thu, 6 Dec 2018 - 16:55
- - captain123   Thanks all. I'm going to request a couple of ...   Mon, 10 Dec 2018 - 13:59
|- - The Rookie   QUOTE (captain123 @ Mon, 10 Dec 2018 - 1...   Mon, 10 Dec 2018 - 16:19
- - ostell   Forget about the original invoice, CEL want the am...   Mon, 10 Dec 2018 - 16:06
- - captain123   Blimey. What an unfair system it is. Ok then. I...   Mon, 10 Dec 2018 - 16:21
|- - The Rookie   QUOTE (captain123 @ Mon, 10 Dec 2018 - 1...   Mon, 10 Dec 2018 - 16:24
- - nosferatu1001   Indeed, despite being told repeatedly htis is a ro...   Tue, 11 Dec 2018 - 07:38
- - bearclaw   To the OP - listen to what is being said. From t...   Tue, 11 Dec 2018 - 09:41
- - nosferatu1001   Indeed OP I cant strss this to you The merits of...   Tue, 11 Dec 2018 - 10:50
- - captain123   Evening all. Some brief background first: - I pa...   Wed, 4 Mar 2020 - 21:56
- - Jlc   'Ignoring' the claim doesn’t put you in ...   Wed, 4 Mar 2020 - 22:41
- - The Rookie   You would have been sent no 'reminders' fr...   Thu, 5 Mar 2020 - 03:44
- - captain123   Yes, I'm guessing that the fact that the priva...   Thu, 5 Mar 2020 - 07:17
- - The Rookie   Again, there is no legally about this, it was in c...   Thu, 5 Mar 2020 - 07:37


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