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I have been issued a CCJ from a parking offence from 2016
nissanvw
post Fri, 22 May 2020 - 20:45
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Hello,
I am new to this forum, and I am in need of advice / opinions. Any help is much appreciated.

I parked in a bay in my block of apartments which I did not have a permit for ( I knew this bay was not in use, so took a risk - there were clear signs of the risks of parking in that bay eg fines. ). This happened in 2016. I do not recall receiving a PCN, however evidence shows that it was placed on my car. I am not someone who would throw away such things, but am likely to postpone payment.

The subsequent correspondence from the private parking co and their solicitors ( Gladstones ) were sent to my former address. This appears to be my fault ( i think ) as I did not update the address change with DVLA. I had been living in this apartment for over 7 months.

So I was blissfully unaware of what was going on behind the scenes.

I have requested information from gladstones and it also transpired that they sent one letter to my father's house in 2019. My father holds all post for me, and I open it whenever I see him, I would never have ignored a letter from the solicitors. I have been made aware that this letter was a final chance to pay an outstanding bill. I was invited to court, however did not attend as the invitation was sent to an old address. The fine was then passed to debt collectors and a CCJ was in place.

In Jan and Feb 2020, I received letters from Newlyn debt collectors asking me to pay up ( it was only at this stage I had become aware of the whole issue ). I made an application to have the judgement set aside ( so I could catch up with what had happened ). I have the hearing re the judgement being set aside in less than a week.

Has anyone got any advice on how I can proceed?
Do I have a leg to stand on as I did not update my address change with DVLA?
My biggest concern is the impact this will have on my credit rating, I have a growing family and am yet to get on the property ladder.
I am not looking to avoid paying for the original offence, however I do not want this situation to impact my mortgage application.
Is it worth contacting their solicitors to offer payment for the original contravention? and what can I do if they don't accept this offer?

Thanking you all in advance.
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post Fri, 22 May 2020 - 20:45
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ostell
post Fri, 22 May 2020 - 21:23
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So what does your lease say about parking? Does your lease require a permit? What do the signs say
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Jlc
post Fri, 22 May 2020 - 21:34
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If they have a CCJ against you then you aren't really in a position to 'negotiate' with them. The court order says you owe them the amount of the judgment.

Even if you settle the amount owing now the CCJ will still work against you for credit. (The period to pay has passed)

The only way to remove the judgment is to apply for a set aside. Have a read Here.

This post has been edited by Jlc: Fri, 22 May 2020 - 21:36


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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nissanvw
post Fri, 22 May 2020 - 21:34
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Lease states that we are allocated one parking bay with the flat, and that we have to display our parking permit at all times.

signs state Parking is permitted for vehicles fully and clearly displaying a valid permit in the front windscreen. and or pre-authorised vehicles parking wholly within their allocated space.

I had no pre-authorisation or valid parking permit.
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Jlc
post Fri, 22 May 2020 - 21:37
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Which parking company and how much is the judgment?


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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nissanvw
post Fri, 22 May 2020 - 21:39
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'If they have a CCJ against you then you aren't really in a position to 'negotiate' with them. The court order says you owe them the amount of the judgment.

Even if you settle the amount owing now the CCJ will still work against you for credit. (The period to pay has passed)

The only way to remove the judgment is to apply for a set aside. '

Hi,
JLC thank you. Just getting used to the format of the forum.
this makes sense. Thanks. So, hope for the best when in hearing next week.



'Which parking company and how much is the judgment? '

JLC

one parking solution Ltd
judgement set for £1,184

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Jlc
post Fri, 22 May 2020 - 21:42
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That must be more than 1 ticket???


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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nissanvw
post Fri, 22 May 2020 - 21:46
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'That must be more than 1 ticket???'

2 tickets. 4 months apart.
do not recall picking up the charges off my windscreen what so ever, however photos show I was issued with a PCN on my screen.



JLC I saw your link and the advice you provided to someone else.

can I ask what a SAR is and why that might be useful to me?
thanks
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Jlc
post Fri, 22 May 2020 - 21:58
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How the heck did they get a judgment for that amount for 2 tickets????

A SAR is to obtain any personal information - it might be helpful. But they can take some time to reply.

The 'ghost' ticket is not uncommon - obviously you can't prove who removed them...


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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nissanvw
post Fri, 22 May 2020 - 22:05
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'How the heck did they get a judgment for that amount for 2 tickets????

A SAR is to obtain any personal information - it might be helpful. But they can take some time to reply.

The 'ghost' ticket is not uncommon - obviously you can't prove who removed them... '


I have no idea!
I requested Gladstones statement and evidence, and they have documented and evidenced 2 outstanding tickets. I am not sure how I find out how the charges have increased so much .
Is It possible that the judge was annoyed I did not attend court and the fee was increased?

Regarding the ghost ticket, does that help in a hearing to mention this?


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Jlc
post Sat, 23 May 2020 - 09:01
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QUOTE (nissanvw @ Fri, 22 May 2020 - 23:05) *
Is It possible that the judge was annoyed I did not attend court and the fee was increased?

It's possible larger costs were awarded but it's quite unusual.

QUOTE (nissanvw @ Fri, 22 May 2020 - 23:05) *
Regarding the ghost ticket, does that help in a hearing to mention this?

Yes. Obviously you can only state what you know as a witness.

You'll never know who removed the tickets but parking companies have been caught before doing this.

Slap a ticket on the car, take a picture, remove it and walk away. The opportunity for the driver to pay the reduced amount is gone as when they access the DVLA and write the keeper they don't offer the discount...


--------------------
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

Private Parking - remember, they just want your money and will say almost anything to get it.
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nosferatu1001
post Tue, 26 May 2020 - 08:43
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Changing the address with the DVLA woudl not have helped
They can only ask ONCE for your address using the DVLA

WHen did you last correspond with Gladstones, PRIOR to them launchinga claim? 2016?? 2017? later?

They were required, when serving the claim form, to confirm they had sent it to your last known GOOD address. They have an issue - if they waited for say, 2 years, then the chances you had moved go up and theyre supposed to do a soft search on you to find out your CURRENT adress

What have you already submitted to the court? Have you filed a witness statement, explaining that you should get a set aside because...?

You must must must have a look on other set aside threads, here and on the money saving expert. You get ONE CHANCE at set aside, so you must prepare as much as you can. No hoping for the best - know exactly what (CPR13.2, go read it) youre hanging your hat on here.
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