Excel Parking CCJ

[timster]

Hi All,

Excel parking have gotten a CCJ against my wife, we didn't hear anything about it as they have done it at our old address.

We only realised recently when she was refused credit the other week and we set her up an account on Noddle.

Does anyone also know why these crop up in your life when you have the least time/ spare energy to deal with them

Thanks for any help

Tim

[charitynjw]

Re: Excel Parking CCJ

Hi

Parking companies usually get registered keeper details from DVLA & act on the address given.

Was the relevant vehicle privately owned or lease/ HP/Motability?

When did you move & what date is the CCJ?

In answer to your question.....Sod's Law?

[timster]

Re: Excel Parking CCJ

The car is owned by my wife, no ambiguities there.

We moved in Feb 2015, drivers license changed in march, v5 sent in march and processed by april.

Date of contravention: 11 April 2015.

They did send a letter here at the time which looked like a scam to be honest, no context and quite threatening.

The CCJ entered 19 Aug 2016 but must have been sent to the old address.

[charitynjw]

Re: Excel Parking CCJ

You can probably get the CCJ set aside if you have a viable defence to the claim.

[timster]

Re: Excel Parking CCJ

You can probably get the CCJ set aside if you have a viable defence to the claim.

Could you advise on the best way to make them an offer to get them to set aside.

We've spoken to a solicitor today who says he is very sure that our case has grounds for setting aside by a judge but the costs we're higher than ideal and we were told that there would be no guarantee of having our costs covered.

As much as I would rather fight them and win, my wife particularly would rather have this dealt with with the least amount of time and energy so she can focus on the kids. She tends to worry and this is really affecting her.

[charitynjw]

Re: Excel Parking CCJ

A set-aside will bring the claim back to the position prior to the judgment.

You would then have options open to you.

You could fight it....they might cave in in the face of a robust viable challenge.
But they might not, in which case you may have to invest time & effort in fighting your corner.

You could try to negotiate.

But in any event, it is usually best to write to the Judgment Creditor (formerly the Claimant) to seek consent to have the CCJ set aside.
If you have a viable reason for doing so & they agree, then the cost is much less.
The key to it all is to act promptly now that you are aware of the CCJ.

[timster]

Re: Excel Parking CCJ

Thank you for the advice.

Writing to excel will be the first port of call.

I emailed several more solicitors and had a decent chat with one yesterday explaining fully the reasons for the delays etc and with a mutual understanding based on my understanding of how things work in the real world, she assured me that it would be pure bad luck of the highest order if we lost.

I will write to the claimant today and see how they want to deal with it.

If they take the offer great, if not I will go down the court route and hopefully the judge will make them cover the costs which are estimated to be about £2k!!!

Im so annoyed by these idiots, what is the advantage to knowingly sending the court papers to the wrong address if it almost guarantees they can't do anything with the CCJ?!?!

[ostell]

Re: Excel Parking CCJ

You can't claim that level of costs in the small claims expcept in very unusual circumstances.

Either way you have to go down the court route, £100 with excel's help or £255 without their help, to get the judgement set aside. You then fight the claim as per normal unless Excel give up.

They can do something with the CCJ, most people would just pay it.

[timster]

Re: Excel Parking CCJ

You can't claim that level of costs in the small claims expcept in very unusual circumstances.

Either way you have to go down the court route, £100 with excel's help or £255 without their help, to get the judgement set aside. You then fight the claim as per normal unless Excel give up.

They can do something with the CCJ, most people would just pay it.

I'm just about to start looking for letter templates etc that can be sent to Excel and to steal some advice form the solicitor I spoke to, get the forms ready for sending to the court to make it as quick as possible.

Just not sure where to look for these.

So they can enforce a CCJ even though it was obtained spuriously. It's things like this that make me feel the system is just wide open for abuse.

[ostell]

Re: Excel Parking CCJ

Look on here and on the PePiPoo forum for threads about set aside and the procedures for doing this.

Yes it is open to abuse and the private parking companies are well versed in this.

Have you got any of the original documents that were sent to your wife?