Horizon Parking CCJ

[FORMISTER]

Hi,

A year ago I posted  a thread about my friends CCJ from Horizon Parking that she didn't know about and got by default.

She managed to negotiate with horizon and settle the bill and has a letter from the court saying that the hearing had been voted and that the judgement and registration is cancelled.

 

Recently she was turned down for a mortgage and found the CCJ is still on her file, she phoned the court and they told her she needs to apply for a dismissal, is this correct?

[honeybee13]

Hi.

 

Is it this thread please?

 

 

HB

[FORMISTER]

Yes

 

[FORMISTER]

It wouldn't let me reply on the original thread

[honeybee13]

Threads are closed if they're dormant. I'll merge them.

 

HB

[FORMISTER]

Thanks, so as I was saying

A year ago I posted  a thread about my friends CCJ from Horizon Parking that she didn't know about and got by default.

She managed to negotiate with horizon and settle the bill and has a letter from the court saying that the hearing had been voted and that the judgement and registration is cancelled.

 

Recently she was turned down for a mortgage and found the CCJ is still on her file, she phoned the court and they told her she needs to apply for a dismissal, is this correct?

[dx100uk]

voted?

 

if she has a letter from the court that 'judgement and registration is cancelled.'

she needs to send that to the court and get them to remove the judgement from the public register ASAP>

 

doesn't need a court case.

[FORMISTER]

Yes, she has a letter "General Form Of Judgement". from Chelmsford court which read

 

By Consent it is ordered that

1 The hearing on **** is vacted

 

2 The judgement of ****** is set aside and any registration is cancelled

 

3 No order of costs.


But the CCJ is still on there and the woman at the court on the phone told her to apply for dismissal, she must be wrong isn't she?   The point is in the Judgement, no registration 

 

[FORMISTER]

*Vacated

 

[dx100uk]

chelmsford must remove it.

 

[FORMISTER]

Thanks DX, exactly what I thought, court admin staff giving out the wrong advice

[FORMISTER]

And for anybody who has the original issue of this thread,

following on from advice from the forum and site admin team,

 

My friend managed to get Horizon to agree to set the CCJ aside if she paid in full the £1200

- this along with the threat that she would apply to have the judgement set-aside anyway (she never received the judgement)

 

Moral of the story is don't ignore court claims in the first place, even if you think they are dodgy because they are photocopied badly and have read bad advice  on the internet from people who don't know what they are talking about.

So a £80 fine cost her £1200 and the effort of getting a CCJ removed

[dx100uk]

it is not a fine

 

dx

 

[dx100uk]

£1200??

[FORMISTER]

DX yes poor choice of word "fine" , I mean invoice. She ignored them as per advice from other people, she obviously played into their hands and ignored the court claim as well.

 

But genuinely, she never received the actual judgement.

 

Not sure how the £1200 was made up of, originally a fine for overstaying in Tesco metro car park on the high street and then court costs etc. 

 

I have had one in the same car park, I defended successfully on the fact the sign says for patrons only and overstaying 30mins will result in a fine. I claimed I wasn't shopping there, therefore I didn't overstay and was trespassing and not breaking a contract  therefore not in their power to sue for trespass.

[dx100uk]

why do you keep using the word fine then?

 

its not and never can be...

dont forget others will read your thread/advice..

 

dx

[BankFodder]

I have a bit of time earlier than I thought.

I haven't read this thread very closely but do I gather that they they obtained a county court judgement against you and then you have managed to negotiate with them by paying them the judgement sum in return for them agreeing to set aside the CCJ?

 

[brassnecked]

£1200 seems steep, and is double the magic number to get Bailiffs involved, what was the claim for what was on the original Claimform POC?

[FORMISTER]

Hi Bankfodder, no the claim was against my business partners wife, she just ignored their letters and claims for penalty fees.  

 

She took advice from the internet or other people, not sure who, but when she received the court claim she thought it was fake as it was badly photocopied claim form, so she ignored it.

She runs a shop and someone had the same issue at the same time, they went to get a loan and found she had a CCJ from this, so my friends wife then checked her credit file to find one also, neither of them actually received the judgement (or so they say).

So I advised her to negotiate a set-aside with Horizon if she paid in full, otherwise she was going to go down the route of having it set-aside based on not receiving the judgement and then fight the case.

 

So they agreed, I believe her friend managed to do the same.

God knows how their fees ended up at £1200 for parking in Tesco, but she needed it off as she wanted to get a mortgage.

 

 

[BankFodder]

Thank you.

i'd like to know much more about the story but in principle the claimants have committed an abuse of process and it seems to me that you've got a good basis for getting your money back and getting the judgement set aside.

Also, doing a bit of mischief.

If this appeals to you then please let me know.   It won't be straight-forward but it would be interesting and a bit of fun and it would deliver a slap to horizon and other parking companies who have tried the same thing. 

Excel is one which has tried this and we are currently in the middle of dealing with it although we are waiting for information from DVLA before we proceed. 

let me know what you think. I'm afraid that my access to the forum is patchy over the next week or two but there is no hurry once you decide but you would have to take a decision.

I don't see any particular downside although  you would be risking a claim fee in the event that you lost the case which I think is probably unlikely

 

 

 

 

 

[FORMISTER]

Hi Bankfodder, I will ask her if she is interested in that, she isn't desperate for money and does lead a busy life including caring for her mum who has latter stage Huntintons disease, but will put it to her.

 

She phoned the court today about removing the CCJ as it was set aside, she was on hold for an hour and 20 mins before hanging up.

[BankFodder]

you may find that it cost £100 to get the set aside and also if the judge thinks that you are simply trying to clean up a credit file, it could still be refused. Be aware

[BankFodder]

 

[FORMISTER]

Hi Bankfodder, just to confirm that it has already been set aside, she made an agreement with Horizon that if she paid the £1200 in full it would be removed.

The issue is that despite the court Judgement frommChelmsford stating that it has been and no registration should take place, it is still on her file.

A women from the court advised her to apply for a dismissal, why would she need a dismissal she already has a General form Of Judgement which

1 The hearing has been vacated

2 The Judgement is set aside and any registration is cancelled

 

This from Chelmsford court

 

[brassnecked]

Credit Cleansing issue?