Hello all and thanks in advance for your help here.

I was recently turned down for a credit card, which really surprised me as I know I have a good credit rating. When I got home I looked at my credit file and to my horror someone had taken out a CCJ against me, at my old address.

After a lot of digging it turns out it's a PPC. The ticket was received in January 2016 by Gemini Parking. I remember the day - the machine would not accept the driver's coins and when the button for help was pressed no one answered. No choice but to leave the premises and a couple of weeks later a ticket arrived in the post to me as the registered keeper. I was so busy with an incredibly stressful house move that kept almost falling through at the last minute, that I thought I'd appeal later. I forgot.

We eventually completed and on March 1st 2016 we moved house. We had a redirection on our post for a few weeks - plus I updated my details with the DVLA.

Now fast forward to today and I find out indirectly that in January 2017 they went to court in Northampton and got a CCJ completely without my knowledge. The court said the mail was never sent back to them - not much I can do about that as I don't know the new owners.

They said I can either pay the debt and the CCJ will remain on file for 6 years, or I can pay £255 to apply to have it set aside. Problem with that is, the judge might not find in my favour and then I still have to pay £260 for the debt.

What on earth do I do?? Should they have attempted to double check my address when they went to court?

Any help will be greatly appreciated.

Thanks.

This post has been edited by Trixie2: Thu, 28 Sep 2017 - 12:44

Morning. Quick question - if the hearing goes ahead and the judge rules in my favour, do I mention the notice of discontinuance?

I would say no as that would excuse the non appearance. The non appearance on it's own should be sufficient for the unreasonableness. If it has been received by the court and acted on by the court and the hearing vacated you must ask for a costs hearing, as already suggested, and then show the discontinuance notice the day before.

On the other hand they could be playing dirty and not sent it to the court. In that case if they do turn up then show the judge that they have attempted to pervert the action by trying to persuade you not to appear.

As I walked in they said 'it's been settled'. I've asked to see the judge anyway and they said they'll let him know I'm here.

You'll need to direct the judge to the Civil Procedure Rules - Part 38




Though 38.6 (3) is key here, you should suggest that taking people up to wire is an abuse of process and is unreasonable in itself. The court has had £50 out of this (£25 hearing and £25 filing) but you've been left with the cost of taking time off work / holiday as you could not be certain the case HAD been discontinued against you.

£659 costs!!!!! Will update later. Just on my way back now.

Thank you thank you thank you everyone! How do I donate?

Brilliant result

You'll need to wait 21 days in case they decide to appeal the decision. So put the champers in a large bucket of ice - 22 days worth

Congrats!

When you get the chance PLEASE give us a full report including claim number and judges name

I imagine they will not be happy, but an appeal will be a struggle for them. You might actually get an increased award as it would have a chance of pi**ing off the judge!

Here.


...it is now

I would be tempted to update them.

This almost makes up for last night! *








* Not really.

Well done though!!

Well done, good result and persistence in the face of adversity pays off

Post removed.

This post has been edited by Trixie2: Thu, 12 Jul 2018 - 12:14

You might want to edit your comments as there may be an appeal. Especially since you have identified your case.

In fact you might want to remove them for 21 days

Removed post. A PP asked for the case number, which is why I posted it. Fingers crossed there's no appeal.

SOrry, forgot the appeal! My bad!

A report saying how the costs hearing went could not hurt, surely? PLus a breakdown of the calcualtion.

Im pretty sure the earlier posts would identify in any case. The letter sent to them and the discontinuance straight after, for example. I wouldnt panic too much. I would suggest they are fools if they appeal.

This post has been edited by nosferatu1001: Thu, 12 Jul 2018 - 12:36

Well done!!

If we have to wait till August to read the costs hearing court report (claim Number, court location and Judge's name) sobeit, we can be on tenterhooks!

Donation made. Thank you all again. I'll update on costs once it's paid.

So rather annoyingly I've only just received the Order. It is dated 31 July and states the Claimant must pay the Defendant by 26th July. I called the court twice to find out what was going on since the hearing, and they kept telling me there was a 4 week turnaround for Orders to be typed up and sent out. I assumed they'd adjust the deadline - clearly not! Waiting for the court to call me back. Any advice? TIA.

It's Gemini that has the problem

I would wait until 28 days has passed since the 26 July deadline

If Gemini still hasn't paid, check with the court that there isn't an appeal
If not, send them a Statutory Demand for payment

You then have some options

A soft approach is to report Gemini to the British Parking Association
Members are not allowed to have unpaid judgments
Suspension would remove their access to the DVLA database

A hard approach, as it's more than £600 is to transfer the case to the High Court for enforcement
High Court bailiffs have a lot of power and will add costs

Great advice thank you! Will bide my time.