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Parking Eye CCJ and totally oblivious to it....?**Set A Side and Settled**


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Morning all,

 

 

To my shock and horror, I've just realized I've been issued a CCJ from September 2013. (£165)

 

 

I have no recollection of who, what or why this CCJ has appeared on my file.

 

 

My initial gut reaction (prior to visiting this site) was to send an email to where the judgement has been held (Northampton County Court). I await a reply.

 

 

What would you suggest are my next steps in tackling this,

as i feel hard done by,

as i haven't had a chance to fight or defend myself,

for what ever reason the CCJ has been placed.

 

 

Many thanks in anticipation of your pearls of wisdom.

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Yes, you need to contact Northampton (MCOL) to obtain paperwork in respect of the claim/Judgment.

 

I don't know what details are put onto the trust online register, but that is worth a look. It will cost you £4.00 I think.

 

http://www.trustonline.org.uk/

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Hi CitizenB,

 

Many thanks for your response.

 

I've just carried out a search, and unfortunately trustonline have the same details that are on my credit file. This is, amount of monies owing, case reference number, thats your lot....! So I'm still non the wiser.

 

Whats my next step...?!!!

 

Contact court, I'm not willing to pay the sum of £165 at the moment , because i frankly don't know what i'm owing £165 to and to whom....?

 

Any further suggestions...?!

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If you are certain you never received any court paperwork whether you read them or not, then you could try to apply for the ccj to be set aside

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Hi SabreSheep,

 

I'm certain i never received anything.

 

The reason is i was going through a separation and was not living at the address at the time of issuance of the CCJ.

 

I will apply to have my CCJ set a side. But with regards to the payment of £165 on my file, would this be set aside also...?!

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the ccj would be removed

the claiment would have to begin court proceedings again but you would be able to try and defend or make other arrangments. Any default would remain.

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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Cheers buddy, You're a star....!

 

:wink:[/quote

 

 

If you have the claim No. then you should be able to identify the claimant and the court through which it was processed.

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Hi there again,

 

I've just chased this CCJ, it turns out it's a CCJ imposed by a company called PARKING EYE....!!!

 

I told them I was totally oblivious to this penalty notice and have never received any paperwork in regards to this. 2 reasons,

 

i) I moved address,

 

ii) i sold the car

 

They said they the only way to resolve this is by TOMLIN ORDER...?! I pay the sum of £165 in full, and they produce this in court and there you have it, one CCJ removed.

 

I'm skeptical about this, and just think they're trying to fleece money out of me. Am i right in thinking this...?!!

 

appreciate your help on this one ...

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It wont remove it in its entirety...will still show but marked as satisfied...for a further 5 years.All that you are doing is paying the judgment.

 

As for a set a side if you did not update your records at the time you moved out without informing the relevant bodies ...then the claim delivered to your old address will be deemed as good service...your set a side application will fail...and also your fee of £155 will be in vain.

 

Regards

 

Andy

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Hi Niscape,

 

OK, I am chasing something up in a very similar situation:

£165

Received no paper work as moved house.

 

I actually had one credit report which failed to pick this up, then another one did which is the only way I knew.

 

Have not heard back from court yet, but as the figure is the same I am guessing it is the same company...

 

Good luck with yours, be interested to know how you get on!

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It wont remove it in its entirety...will still show but marked as satisfied...for a further 5 years.All that you are doing is paying the judgment.

 

As for a set a side if you did not update your records at the time you moved out without informing the relevant bodies ...then the claim delivered to your old address will be deemed as good service...your set a side application will fail...and also your fee of £155 will be in vain.

 

Regards

 

Andy

 

 

Cheers Andy,

 

Sound Advice,

 

I'm not sure whether there was anything further i could have done in predicament.

 

I'm going to run the gauntlet, and risk the £155.

 

Regardless of the outcome, as it stands i have a horrible mark on my record for another 5 years, part of which i feel, is totally unfair, and where I've not had the chance to fit in the wheel of the justice system by having my say.

 

Justice has not been served in this instance i shall be fighting this.....!!!

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Hi Niscape,

 

OK, I am chasing something up in a very similar situation:

£165

Received no paper work as moved house.

 

I actually had one credit report which failed to pick this up, then another one did which is the only way I knew.

 

Have not heard back from court yet, but as the figure is the same I am guessing it is the same company...

 

Good luck with yours, be interested to know how you get on!

 

 

TherealEllis,

 

Likewise,

 

Good-luck with yours, I'll keep you posted, please keep us updated with yours.

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  • 1 year later...

******************UPDATE******************************

 

Apologies for the late responce.

 

But I have good news!

 

My case was heard in court the by a district Judge.

 

Initially, the judge was reluctant to "set aside" the judgement, as he felt that although I hadn't received the correspondence it wasn't a total defence to the traffic matter.

 

What swayed his mind was the Impactive effect the CCJ was having on my career and he felt it wasn't proportionate (Rightly so!).

 

Judge ordered CCJ to be "set aside" provided I make full immediate payment of £165 within 14 days!

 

Job done !

 

Appreciate all your advice ! :-D

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Well done...delighted that you have been able to resolve this NisCAPE...almost forgot about you last post 2014:madgrin:

 

Thread title amended to reflect the outcome

 

Regards

 

Andy

We could do with some help from you.

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traffic matter?

it was a speculative invoice by a private parking company.

and not a penalty charge notice

shame he made you pay them!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was happy paying the £165. Total shock to come to learn that parking companies were issuing CCJ's.

 

They (parking company) declined to attend, and offered their evidence in writing. Blessing for me I think.

 

Happy days!

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Niscape I have moved your thread to the relevant forum now it has been concluded

 

Regards

 

Andy

We could do with some help from you.

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I was happy paying the £165. Total shock to come to learn that parking companies were issuing CCJ's.

 

They (parking company) declined to attend, and offered their evidence in writing. Blessing for me I think.

 

Happy days!

 

 

most fail if defended at the first hurdle.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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most fail if defended at the first hurdle.

 

But only if you are aware a claim has been issued in the first place:|

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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