Applying for CCJ removal - Parking eye

[Pixie2017]

Hello, 

 

Back in 2019 parking eye issued a CCJ against me, I paid this off in 2020 and it is now showing as satisfied on my credit file - I am guessing after reading over this forum it will remain there until 2025 once the 6 years have passed. 

 

I have been working over the past year to gather information to present to the courts to have the CCJ removed, to cut a very long story short ( 2017 - 2020 to be exact) I tried to set up a repayment plan with parking to pay the £100 fine for the ticket, they refused this on 3 occasions and in emails stated that in order to set up a repayment plan I would need to submit a claim form which they will review and come to a decision. 

They sent numerous emails saying that they refuse to communicate with me further, they allegedly posted the court forms which I never received and I asked for a copy via email - this request was ignored by them and the CCJ was issued. 

 

I paid the £197 to them in 2020 to cover the fine and the charges for the court fees - the happily set up a repayment plan for this via email.

 

I recently sent them a complaint via letter and with this I asked for all copies of letters and emails to be sent to me, the have ignored my complaint but issued the requested paperwork, amongst this is 3 letters agreeing the initial repayment plan that I tried to set up back in 2017 - considering all communication was done via email and I have emails from them stating that all repayment plans must be submitted by claim form I am confused as to where these 3 letters have come from, they were never sent via post. What is even more confusing is they sent an email agreeing the £197 repayment and not letter - surely they would be consistent with the way they send information? 

 

Has anyone been successful with having a CCJ removed? what information should I present to the courts? 

 

I do feel with the lack of consistency on their part and the fact I never received the court forms I could stand a chance with the courts agreeing and it being removed but I am unsure. 

 

Any help is greatly appreciated

[BazzaS]

There are mandatory reasons why a set-aside should be granted, but the situation you describe doesn’t fall within those.

 

So, you’d have to ask for a discretionary set-aside.

a) these need to be applied for ‘promptly’

b) if you paid it off, rather than applying for a set-aside, you’d be hard pushed to persuade the court you didn’t owe it.

 

This late, and having paid it off rather than asking for the set-aside previously, you have 2 hopes. “Bob Hope and no hope. Further, Bob Hope is deceased”

 

You’d have to pay an application fee (if not fee exempt), and I think it’d be a waste of time, for the reasons stated.

[Pixie2017]

Thank you for your reply. 

 

I have read some information on applying to have a ccj set-aside and one of the reasons you could potentially have it set aside is because you did not receive the original paperwork which I have emails dating back to 2018 which state I never received the paperwork and I did ask parking eye for another copy to be issued so I could appeal to POPLA. I never received the paperwork from the court, I had to contact the courts directly to query the CCJ, again I have an email thread showing this. 

 

I have never disputed the amount that is owed as I did park for 12 minutes without a ticket, this was at 4am and I thought the carpark was owned by Manchester City Council who provide free parking between 8pm and 8am - I was wrong. 

 

What information would I need to provide to the courts to have the CCJ set aside based on the fact that I did not receive the original paperwork. 

 

 

 

 

[BazzaS]

OK, if you disagree with my assessment: are you applying for

a) a mandatory set-aside under CPR 13.2, or

b) a discretionary set-aside under CPR 13.3?

if a) which of the reasons for a mandatory set aside apply?

if b), how are you going to persuade the court it is

i) reasonable, and

 ii) ‘prompt’, given it has been years, and you’ve already paid it off (when, if you really felt it should have been opposed you should have made the application then, instead of paying it off)

 

The courts don’t like endless litigation / re-litigation, and you had the option to seek a set-aside before instead of (not seeking the set-aside and paying it off).

 

Your opportunity to say “should be set aside and the case heard” (and / or to seek a set-aside by consent, and a Tomlin order to avoid a CCJ)  was back when you first found out about the CCJ.

Edited August 2, 2021 by BazzaS

[Pixie2017]

Where can I find the information for points a & b? 

I do appreciate the help but I find you throwing points around with little information as to what CPR 13.2 & CPR 13.3 very unhelpful. 

 

I did not know I had the option to set a CCJ aside until recently when I was looking into something else and I found this information on the direct gov website which is why I paid the balance of £197 to parking eye in June 2022 and only now I am querying the possibility to have it set aside. 

 

Information regarding CCJs is limited online unless I want to pay a solicitors to have it removed for me which is why I have come on here to seek some advice. I would also like to point out that in no way did I "disagree with your assessment" I am unsure as to where you picked that up from,  I followed on from your message with information I had read online that you hadn't included in your original reply, this was not a disagreement it was me asking a further question based on other information. 

[dx100uk]

since the initial issuance of the speculative invoice (it is NOT A FINE) have you moved or was the car registered at a different address than what was on the V5C for that time.

 

 

[AndyOrch]

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

[Pixie2017]

45 minutes ago, dx100uk said:

since the initial issuance of the speculative invoice (it is NOT A FINE) have you moved or was the car registered at a different address than what was on the V5C for that time.

 

 

The car was registered to my address, at the time I was unofficially living at my boyfriends due a relationship breakdown in the home.

I know not being able to provide any evidence for this will not help as the court paper work could have arrived at my home address eaa but I never received it. 

45 minutes ago, Andyorch said:

PART 13 - SETTING ASIDE OR VARYING DEFAULT JUDGMENT - Civil Procedure Rules

WWW.JUSTICE.GOV.UK

 

Thank you for this, I will have a read over it. 

[dx100uk]

So the fault of you not getting paperwork was because it went to an address you were not then at??. Not the claimant nor the court are at fault then??

 

be very care here. If the above is true then that doesn't meet one of the important set aside reasons.

[Pixie2017]

Well the claimant have since sent letters with information I have requested that were never originally sent, I know this as they do not match the information sent via emails at the same time so my trust with the claimant (parking eye) is on a very thin thread. 

 

I never received the paperwork sent from the courts, this could have been sent and I just never received it. 

 

If i cannot have it set aside then it's not a huge issue, I do not plan on taking anything out on credit for a while as I am saving for a house deposit so this just gives me a longer period of time to save until it drops off. 

 

All the information online is confusing which is why I came here in the hope someone would know what they were talking about and "dumb it down" for me 

[BazzaS]

2 hours ago, Pixie2017 said:

I do appreciate the help but I find you throwing points around with little information as to what CPR 13.2 & CPR 13.3 very unhelpful. 

 

. I would also like to point out that in no way did I "disagree with your assessment" I am unsure as to where you picked that up from,  I followed on from your message with information I had read online that you hadn't included in your original reply, this was not a disagreement it was me asking a further question based on other information

 

Well, I’ve said why I think it is a non-starter.

You then reply asking what info you need to give the court….. so that suggests you don’t think it is a non-starter…..

 

Since you weren’t (& apparently still aren’t) accepting my assessment by continuing to ask what you need in your application:

I assumed you were making that decision knowing what you were doing, hence me mentioning CPR 13.

I didn’t know that you didn’t even appreciate the “mandatory” and “discretionary” grounds (even though I mentioned them in my first post…)

 

Sorry that I am “unhelpful”

https://lmgtfy.app/?q=cpr+13+set+aside
is that any better?

(It is a self help site. You could have asked me to explain, but you chose to just carry on asking without giving any indication of why you needed clarification of my assessment …..). Nor (apparently) did you Google CPR 13 

 

If they had sent the papers to an incorrect address they knew was wrong you would (on becoming aware of the CCJ) have a good chance of a set-aside at/close to that time.

 

Even if they had sent it knowingly to an incorrect address, to pay it off and then, years later decide you want a set-aside: not going to happen.

To say “I’ve only just found out about set-asides” is unlikely to fly. You could (and should?) have taken advice at the time, and I still believe your chances of a set-aside, years later, having paid it, are minimal to non-existent.

 

If they sent it to “last known address” and it is your fault, not the court or claimant’s fault: even more reason it is a hopeless case.

 

So, sorry if you think I’m unhelpful.

I have to decide who I can help and who is beyond that …. So (having given my reasons!)

I’m out.

 

[dx100uk]

Having a settled ccj is not too bad. Its not good granted but its a lot better than a bucket full of defaults.

 

just also remember that a default judgement now trumps any 'paperwork wriggles' that might have been useful had you defended .