CCJ Advice

kitkat9933 · 10 Dec 2016 at 04:03

A parking company is barking at me to repay debt owed for failing to pay a parking ticket.

The debt collection agency has now stated they have advised the client they advise to take me to court.

If in the unlikely event it for go to court, I can't afford t rising my credit rating, as it is so good at the moment, so if I pay it off straight away - I assume it doesn't stay on record and should have no adverse effects?

Thekwango · 10 Dec 2016 at 04:07

Why'd you not pay the parking ticket in the first place?

Sliver · 10 Dec 2016 at 04:18

Can't do the time then don't do the crime. Simples.

Spook187 · 10 Dec 2016 at 04:19

Just ignore the letters, bully boy tactics at it's best, do not fall for these threats they can't do jack it's unenforceable, from a private firm i guess it is.

dbmzk1 · 10 Dec 2016 at 04:21

kitkat9933 said:
A parking company is barking at me to repay debt owed for failing to pay a parking ticket.

The debt collection agency has now stated they have advised the client they advise to take me to court.

If in the unlikely event it for go to court, I can't afford t rising my credit rating, as it is so good at the moment, so if I pay it off straight away - I assume it doesn't stay on record and should have no adverse effects?

I wouldn't pay, the chances of them taking you to court are slim. If you let it go to court and they win you'll be told to pay up pronto. At this point if you pay (won't be that much more either) and all is forgotten, no record. If you don't pay the CCJ is issued and you're screwed.

tamzzy · 10 Dec 2016 at 04:25

ask on this forum for advice.
the regular peeps on there will help you

http://forums.pepipoo.com/index.php?showforum=60

[FnG]magnolia · 10 Dec 2016 at 04:26

Spook187 said:
Just ignore the letters, bully boy tactics at it's best, do not fall for these threats they can't do jack it's unenforceable, from a private firm i guess it is.

The laws have changed recently in the UK and this is not now always the case. This would be better in the Motors section as it comes up relatively frequently there.

Sliver · 10 Dec 2016 at 04:53

Furyus · 10 Dec 2016 at 06:38

Spook187 said:
Just ignore the letters, bully boy tactics at it's best, do not fall for these threats they can't do jack it's unenforceable, from a private firm i guess it is.

Do not ignore the letters! if this does go to court and you get a CCJ filed on your credit rating it will stay on that record for 6 years, Settled or not! I've been down this road and it affects all your borrowing in the future!!!

dbmzk1 · 10 Dec 2016 at 06:44

Furyus said:
Do not ignore the letters! if this does go to court and you get a CCJ filed on your credit rating it will stay on that record for 6 years, Settled or not! I've been down this road and it affects all your borrowing in the future!!!

As I said, if it does go to court (which 1 it probably wont and 2 if you defend yourself and you're right the chances are you'll win) and you pay up straight away then the CCJ is not issued and nothing goes on your record at all.

el_dazza · 10 Dec 2016 at 08:55

'Advised them' - not INSTRUCTED.

All DCA letters use careful, threatening sounding words but none carry much weight.

They'll say 'we may' take you to court, 'it could' harm your credit rating, all to try and scare you into paying up.

How much was the ticket for? Have they added collection fees on top as well?

robfosters · 10 Dec 2016 at 09:00

Ive never paid a parking charge from one of these companies. Yet to be taken to court. I'm sure they just rely on the gullibles to pay up straight away and give up on those that know better.

muon · 10 Dec 2016 at 09:19

kitkat9933 said:
A parking company is barking at me to repay debt owed for failing to pay a parking ticket.

The debt collection agency has now stated they have advised the client they advise to take me to court.

If in the unlikely event it for go to court, I can't afford t rising my credit rating, as it is so good at the moment, so if I pay it off straight away - I assume it doesn't stay on record and should have no adverse effects?

Don't worry about it.

When they actually take you to court and you lose, you can pay them then.

The only time you get a CCJ is if they take you to court and lose and you don't pay.

They won't take you to court as it is so much effort for the £100 or whatever they are claiming, and the likelihood of them actually winning is zero in most cases.

Also note, they aren't "debts". They are claims against you which they have to prove in court before it becomes a debt. Until then it's just some random telling you to pay them some money.

el_dazza said:
How much was the ticket for? Have they added collection fees on top as well?

Something which they can't do as they haven't even proven the valifity of the claim yet.

[FnG]magnolia;30296255 said:
The laws have changed recently in the UK and this is not now always the case. This would be better in the Motors section as it comes up relatively frequently there.

Still the case 90% of the time. The supreme court upheld a case in a specific scenario where a contract was reasonably satisfied and there was commercial validity of the charge.

Even in the other cases it's worth waiting and seeing if the threats are only idle.

muon · 10 Dec 2016 at 09:29

robfosters said:
Ive never paid a parking charge from one of these companies. Yet to be taken to court. I'm sure they just rely on the gullibles to pay up straight away and give up on those that know better.

Same.

I've yet to come across a scenario where a contract could be satisified.

Nearly all signs say, you park here subject to T&Cs. Somehow that forms a contract which means you pay £100 lol.

Would be laughed out of court. No sane person would think I agreed to such a contract, firstly without even seeing it in full, secondly where I don't even get anything in return.

kitkat9933 · 10 Dec 2016 at 11:55

Well they issued the orgnal PCN past the 30 days required and is was actually parked in the creekfc parking, but as KFC took so long we were a min or two last the free 15 mins which they got the ticket. All they have is entrance and exit of the car park times, so how they can oroove after the free 15 mins I wasn't just spending time driving out...

Gaygle · 10 Dec 2016 at 12:30

They give you just 15 minutes to find a space, park, run into KFC, get your food, run out to your car again and leave the car park!? And then they try and fine you £100 when you don't manage it?

That sounds a touch unfair to me...

[TW]Fox · 10 Dec 2016 at 12:40

Gaygle said:
They give you just 15 minutes to find a space, park, run into KFC, get your food, run out to your car again and leave the car park!? And then they try and fine you £100 when you don't manage it?

That sounds a touch unfair to me...

The whole thing is ridiculous really - the need to control peoples access to carparks is completely appropriate otherwise every retail park would be full of morons using it as long-stay parking but some of the rules and terms seem to exist purely to maximise the chances of being able to charge people for going over the 'free' amount when all the users are doing is using the retail facilities on the site.

This then undermines other landowners attempts to control parking because everyone thinks all private parking is just a 'scam'.

disfunktion · 10 Dec 2016 at 16:20

Did you not go through the appeal process? I presume this is the Peel Centre ticket you previously posted about.

kitkat9933 · 10 Dec 2016 at 16:51

disfunktion said:
Did you not go through the appeal process? I presume this is the Peel Centre ticket you previously posted about.

I did but they just ignored all my appeals and sent auto responses that it hadn't been accepted and even got my name wrong in some sections of it..