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Private Parking - CCJ - Have Proof That We Shouldn't Have Been Fined
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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post Wed, 5 Dec 2018 - 20:43
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The Rookie
post Mon, 10 Dec 2018 - 16:24
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QUOTE (captain123 @ Mon, 10 Dec 2018 - 16:21) *
Blimey. What an unfair system it is.

How's it unfair, you decided to ignore the claim form no-one else. The current issue is the result of your actions only, how it got to a claim form isn't relevant to that. Had the claim been valid in the first place it would be no different.


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nosferatu1001
post Tue, 11 Dec 2018 - 07:38
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Indeed, despite being told repeatedly htis is a rod theyve made for their own bakc, Im not sure the OP is getting this

OP - there is a legal process you are governed by, whether you like it or not
You CHOSE to ignore a county court claim form
The result is a judgement against you


The claimant is FULLY entitled to use means such as bailiffs to enforce that judgment
You have NO bargaining power with CEL right now

If you are going to go the contested route I wish you luck. I doubt a court would grant a contested set aside based on you ignoring the court papers - why would they waste more time on you?
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bearclaw
post Tue, 11 Dec 2018 - 09:41
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To the OP - listen to what is being said.

From the other side of this - I was hit by someone in a car about year ago. A small bang nothing serious. Driver refused to engage with the process at all and when I sued in the small claims court he ignored everything.

I won by default, went to enforce judgement and he filed a set aside. Court tossed it out and let me carry on with enforcement. He finally saw sense when they were towing his vehicle and signed a walking possession order and then ponied up the cash.

Ignoring that court paperwork cost him at least £255 set aside + £400 extra costs on top of the original claim and court fees.....

Listen to the people on here. You really dont have anything to go on apart from being nice to CEL, and getting a set aside they agree to which will alleviate the CCJ somewhat.
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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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