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Original poster

To not understand why CCJs wreck your credit?

249 replies

whynotmethen · 15/08/2019 21:12

So I have a CCJ pending - not sure if that is the right term.

If I lose the case I will pay it right away - though I obviously hope I don't and believe I don't deserve to.

But if I do lose it will be held against me? How is that right?

Surely it means if you are poor you should never contest anything otherwise you are fucked if you lose??

OP posts:
Work12 · 15/08/2019 21:41

I understand the OP, are people not reading correctly?? bellin she waited there for 40minutes stuck in a queue is what I am taking it as. It's not her fault she wasn't aware it was full and then couldn't get out of the carpark in time so yes it should be disputed and not just paid. I really don't see people's odd views on this post. Does everyone throw money around tor hinga they unfairly shouldn't pay?! Strange

MeanMrMustardSeed · 15/08/2019 21:41

I hope it goes in your favour, OP. Well done for you standing up to them. Ignore the haters.

HeresMe · 15/08/2019 21:43

If you pay the CCj straight away it won't be recorded on your credit file, so you should be ok if paying straight away.

Hope it doesn't go against you.

Goodadvice1980 · 15/08/2019 21:43

OP, if you answer my questions I can try and help you.

Original poster
whynotmethen · 15/08/2019 21:43

I've given details!

I've gone through all the channels and used Moneysaving forums and followed all advice there. I've not ignored any letters.

Gone through POPLA - failed the appeal. I had time to get out apparently. I would have fucking loved to get out, but it was impossible.

Britannia are known for having no CCTV apparently - they did not even refer to the terms of my appeal in their rejection of it. It was like they hadn't read it.

OP posts:
chomalungma · 15/08/2019 21:43

What a nasty comment

It wasn't meant to be nasty. It's the kind of article that the DM would love and you would get a lot of support for in the online comments.

They hate parking companies with a vengeance.

I hope you get it sorted.

Sorrysorrysosorry · 15/08/2019 21:44

Honestly? If it had the potential to leave me homeless, I would have just paid the fine. It would have been less if you paid it within X amount of days

But sometimes it’s the principle. Unfortunately sometimes the principle is costly.

Op being as there was a massive queue - unless I ould reverse out over the roofs of a queue of cars I couldn't get out. you may not believe that, but wtf would I stay in there for 40 mins for shits and giggles?
Then surely there were also a number of other people who have been sent tickets -can you request under the freedom of information Act (does that still exist??!) other people ticketed on that same day who’s information you could use as evidence?

But yes, if you lose then just pay or it will be held against you and will affect your credit rating.

You would be best to focus on how to prove you don’t owe it rather than get angry about how things MIGHT turn out. Good luck.

Goodadvice1980 · 15/08/2019 21:45

You haven’t answered the questions! I can try and help but need more information.

Childcar1 · 15/08/2019 21:45

So you weren’t the only one there then?? What did the other ppl stuck in the traffic do?? Can you reach out on SM etc and form a group to protest?? If they all paid then maybe you should just pay!! I mean it’s £85 it’s not completely unattainable to just pay it off surely??!!

Thingsdogetbetter · 15/08/2019 21:46

Also courts like a timeline. Type up the dates and times of all interactions with the company and what was said in brief. Have a copy for you, the court and the parking company representative. If anyone else had issues with the company over the lack of signage, get them to write witness statements (again 3 copies). Other people (from the newspaper article maybe)with different issues could also write witness statements too to show the company is unreasonable. Good luck.

Fairenuff · 15/08/2019 21:47

How long was the grace period?

Goodadvice1980 · 15/08/2019 21:48

POPLA isn’t legally binding on the person appealing and people are not duty bound to accept a decision in the parking companies favour.

Original poster
whynotmethen · 15/08/2019 21:50

Sorry if I've been rude to anyone trying to help - I'm bloody worried about this.

Carpark is owned by Britannia and they have a horrible reputation. The incident took place a year ago and they are currently taking me to court. I have just agreed to mediation but not sure if that is a mistake because I don't concede to what they are saying.

I have done the defence but no one on the moneyforum replied when I posted it so I don't know if it's any good. I don't think I will have to appear in court, they will just decide based on my written defence.

OP posts:
Childcar1 · 15/08/2019 21:51

OP is this really worth it though?? It’s 85quid!!

Goodadvice1980 · 15/08/2019 21:52

When was the notice to keeper issued? Have you named the driver? Join the Facebook group I mentioned before doung anything else!

Fleetheart · 15/08/2019 21:53

These parking companies are absolute crooks, there is no two ways about it. Join the “fight your private parking invoice” Facebook group. They will help. I have every sympathy with you. I have a feeling that if they do find against you and you pay up then it is not held on your record. But I’m not sure.

Goodadvice1980 · 15/08/2019 21:53

Don’t agree to having the case on paper! You need to be there.

Goodadvice1980 · 15/08/2019 21:54

Don’t trust MSE on this.

These companies can be beaten but you must fight back!

theSnuffster · 15/08/2019 21:55

I really hope you win this.

I've had similar with crappy car parks in the past and had to pay up. They had new ANPR cameras installed which we hadn't noticed but that's irrelevant really. We parked, got the kids out of the car and in to their coats etc. Went the meter to pay, only to find them covered up as they weren't working. Walked to the other end of the car park to find those maters also covered up. Tried downloading the app to pay online but that wouldn't work on either of our phones. So rather than risk it we got the kids back in to the car and parked elsewhere. Because that took us too long (I can't remember how long they allowed us, 10 minutes I believe) we were sent a fine. I appealed and explained all this but they clearly didn't read it as their reply stated that they realise the meters were out of order that day but that we should have downloaded the app to pay! Arseholes. I just paid, I couldn't deal with the stress of it all.

Original poster
whynotmethen · 15/08/2019 21:56

It's not £85 though now. When they first billed me it was £50, but because it was a rental car there was an admin fee there too, so £90 (can get the £40 back if I win the case). When I appealed it went to £85. Now they have 'legal fees', so it's more than £200. I can afford it, but wtf should I pay it? These companies are an absolute disgrace and I have done nothing wrong. I am advised that if I do lose the case then I will pay less (about £160) as the company is chancing it by doubling their 'legal costs' - known tactic apparently. So there's nothing to gain by paying now, but I'm worried about possible CCJ. I have heard before about it not being a problem if I pay it straight away (I would) but I keep being worried about it....

OP posts:
mig58 · 15/08/2019 21:57

Contest it in court. If you had anyone in the car with you call them as a witness. Ask fir the cctv footage to be produced. You may have to do that through the court. Ask them how to do it now.
If a CCJ is recorded against you it is possible to insist that the credit reference agencies allow you to put an explanation for it. It means that any credit check has to show your side of the story as well.
You have to contact each credit reference agency separately and there will he a fee from each one.
Apologies for spelling. New to site and cannot find how to correct.

bouncingraindrops · 15/08/2019 21:57

@Sorrysorrysosorry

But sometimes it’s the principle. Unfortunately sometimes the principle is costly.

But we all have the choice whether to make a stand based on principle, and if it had the potential to leave me without a home I would t give a flying one about the principal.

Goodadvice1980 · 15/08/2019 21:57

It isn’t a fine.

OP please provide the extra details & I can try and help.

Fleetheart · 15/08/2019 21:58

The owners of these companies are living in luxury from all the fines they frighten people into paying and the outrageous sums they put on top of you are late. The fines are disproportionate and the appeals process is corrupt. I am disgusted with the govt that they allow this to continue. But they make money themselves when the parking companies request the name and address of the vehicle owner. So corrupt all of it

Original poster
whynotmethen · 15/08/2019 22:03

Goodadvice Sorry if I'm being stupid (just in from a long day out to another effing letter!) but what details have I not given?

The notice to keeper was issued about a year ago - end of August last year. I'm going to search up the FB group you mentioned now - thank you.

OP posts: