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Somehow this led to the worst outcome. Help, Private care park ticket led to CCJ?
Jamie needs help
post Wed, 4 Dec 2019 - 16:51
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Hello all,

First post here.

So back in 2017 I used to work for an estate agency in Maidenhead UK. Long story short I forgot to display my office carpark ticket. I received a letter but decided to ignore as I have done before and walked away just fine. But they kept sending these fake looking court summonings after reading other posts etc I decided it was not real as other posts suggested (fake printed stamp, incorrect address 'northampton business centre' not court.)

So the car that was registered in my wife's name and we received a letter in her maiden name from a debt collector saying that the unpaid ccj needs to be paid. We checked on clearscore and there is intact a ccj on her name.

Is it possible to get it removed?

What's the best next steps?

I'm going to try attach the most recent letter I sent.

Thank you

Jamie
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post Wed, 4 Dec 2019 - 16:51
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Jlc
post Wed, 4 Dec 2019 - 17:49
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If a genuine court letter was ignored then getting it set aside is going to be a challenge.

Which parking company?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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southpaw82
post Wed, 4 Dec 2019 - 22:01
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QUOTE (Jamie needs help @ Wed, 4 Dec 2019 - 16:51) *
I decided it was not real as other posts suggested (fake printed stamp, incorrect address 'northampton business centre' not court.)


Oops. You mean this one?

QUOTE
Is it possible to get it removed?


Yes. She has a few options.

1. She can contact the judgment creditor (the person who obtained the judgment) and see if they will agree to set aside the default judgment that led to the CCJ. They are only likely to do this if she pays the amount owed under the judgment and, possibly, their costs of doing so. She would then need to apply to the court to set the judgment aside by consent, which would incur a court fee of around £100.

2. If she doesn’t want to pay the judgment, or the judgment creditor won’t consent, she can apply to set aside the default judgment. If we proceed on the basis that the claim form was properly served on her (because you’ve not suggested it wasn’t) then she would have to convince the court that:

(a) that she has acted promptly as soon as she found out about the judgment; and

(b) that she has a real prospect of defending the claim or there is some other good reason why the judgment should be set aside or she should be allowed to defend the claim.

The application will cost around £250 (which she may or may not get back, even if she goes on to successfully defend the claim). The normal method of demonstrating that she has acted promptly and has a realistic prospect of defending the claim is by filing a witness statement with the application notice setting out how she has acted promptly and exhibiting a draft defence showing a realistic prospect of defending the claim. A draft order would go with it. The judgment creditor can oppose the application, which would often mean a hearing in front of a judge.

Only she can decide what she wants to do but she can’t take too long in doing it if she wants to apply without consent.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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Jamie needs help
post Thu, 5 Dec 2019 - 16:30
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Oh that is indeed the heading that was on the original letter.

However I have disposed of it as I thought it was a scare tactic as opposed to an genuine summons or such.

So in order to do option 1 (forgive my vague understanding) does she need to contact the original person who issued the fine or the company that the fine was handed down to? I'm not sure what one had placed the default on. Perhaps I can look into it further and find that out.

I think she and i will be happy to pay the full amount but that would be based on the ccj being lifted.

Thank you for your help I really appreciate it smile.gif

J
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Jlc
post Thu, 5 Dec 2019 - 17:00
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The Claimant.


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information, SAR=Subject Access Request

Private Parking - remember, they just want your money and will say almost anything to get it.
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The Rookie
post Fri, 6 Dec 2019 - 04:51
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QUOTE (Jamie needs help @ Thu, 5 Dec 2019 - 17:30) *
However I have disposed of it as I thought it was a scare tactic as opposed to an genuine summons or such.

It's a civil matter, it would never be a summons, it was however a fully genuine county court claim for a civil matter as you now know.

I think under the circumstances there is little point trying for a set aside.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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nosferatu1001
post Fri, 6 Dec 2019 - 10:59
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I would say there is little choice for what type of set aside
You want this waved through with no in person hearing for awkward questions to be asked.
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