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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
chomalungma · 16/08/2019 07:42

Really! A car park is a service and business, which just so happens allows its patrons a grace period

Has anyone seen that Frasier episode where he does the same thing and the attendant won't let him leave until he pays for an hours parking.

So after an argument, he gets an hour ticket and then waits at the barrier to leave as there are no spaces available.

(off topic but I can see an AIBU on that)

Horehound · 16/08/2019 07:42

AgentJohnson

I don't think it's entitled to expect a carpark to have spaces.

Genius! You’ve refuted your sense of entitlement by confirming it.

WHAT? Confused That's the WHOLE POINT of a car park, that's not entitled! If you go to a bank do you expect to be able to deposit a cheque, organise a mortgage etc etc? Yes.

Because that's the service they offer. I'm certain you're just being dim on purpose now.
Bloody hell I just imagine you as a hyacinth bucket type

Original poster
whynotmethen · 16/08/2019 07:42

I'm guessing the parking rules stated that you have a grace period to leave without incurring a charge - once you knew that wasn't going to be possible you should have got out of the car and paid for 1hr parking

Right, so I should have left my car, which was in a queue and therefore blocking other people's vehicles, and joined a queue at a machine to pay for parking that I hadn't had? )k... That's not practical - imagine how long it would have taken to get out if everyone in the queue had done that.

This experience has taught me that rules like that only form a contract if the driver has seen them. The inadequate signage forms a major part of my defence - I knew it was P & D, but not that I was being timed from entry etc.

The charge is fairly being applied by their rules Bollocks is it - you know what? If they had charged me an hour's parking plus, say, £10 admin fee, I would probably have paid up. But £50??? Quickly rising to £85 if I appeal? Fuck that shit. The fees are supposed to compensate them for business I deprived them of by parking in one of their spaces and not paying for it. I deprived them of nothing so £50 is a monumental piss take.

OP posts:
Vasya · 16/08/2019 07:43

@AgentJohnson stop being stupid. OP didn't park in the car park. She entered it, couldn't find a space, and then couldn't leave for 40 minutes because there was a huge queue of other people also trying to leave at the same time.

She is now being charged for 'parking' for 40 minutes, despite the fact that she didn't park and was only trapped there for that long because of the bad management of the car park managers.

This is not hard to understand, why are you struggling so much?

AJPTaylor · 16/08/2019 07:44

Surely it's unpaid ccjs that are an issue? Otherwise you would never be able to contest anything in a court. In fact I'm sure that's the case. As long as you pay it, it won't be on a credit file.

AgentJohnson · 16/08/2019 07:45

Please explain, from your background as a non driver, how (for example) one would be able to tell shortly upon entering that there were no spaces in a large 7 storey car park, and how one would be able to exit quickly from said car park from 7th floor by the time she found this out?

My ability to drive isn’t a hindrance in this situation because I’m less focused on finding a space but more aware of my surroundings. As I said earlier, once you’re in a car park it isn’t that difficult determining if a car park is pretty full, especially when it’s taken you forever to find a space (which is a dead giveaway that it’s busy).

The OP gambled, which is fine, sometimes you win and sometimes you lose. The assertion that there was no way of knowing that it would take an age to leave is disingenuous and a judge will probably see right through that argument.

Horehound · 16/08/2019 07:46

Exactly op. Its the exploitation of people to take as much money as possible which is simply wrong.
It's greed, plain and simple.

BlueSkiesLies · 16/08/2019 07:46

I’m with the OP on this one. That’s an unfair charge. But for the sake of not having it escalate I’d probably have just paid it and moved on as the time and effort in fighting it is too much

NoWordForFluffy · 16/08/2019 07:47

@PalindromicUser the OP hasn't got an attitude! And a Judge will be expecting her to think it's unfair; that's why she's defending it!

I think some people here don't have any experience of civil litigation and Judges!

Tumbleweed101 · 16/08/2019 07:47

I would have argued it too. Good luck. Hopefully the court will be more understanding of the situation.

Skittlenommer · 16/08/2019 07:48

If you pay the charge upon losing the case there will be no CCJ (most of the time the CCJ is just a threat they use to make you cough up).

I've just been through this, fight them all the way to court (it's good fun)! You'll most likely win and then they'll have to pay your costs! Grin

I am assuming it was a private parking company?

Fucking vultures!

Horehound · 16/08/2019 07:49

As I said earlier, once you’re in a car park it isn’t that difficult determining if a car park is pretty full, especially when it’s taken you forever to find a space (which is a dead giveaway that it’s busy
The OP gambled, which is fine, sometimes you win and sometimes you lose

Ok, yes definitely being dim now. She didn't "gamble" she got in and physically couldn't get out because of the queue of cars.

chomalungma · 16/08/2019 07:50

e OP gambled, which is fine, sometimes you win and sometimes you lose. The assertion that there was no way of knowing that it would take an age to leave is disingenuous and a judge will probably see right through that argument

So you would pay £85 if you went to a big car park, found you couldn't park and then it took a long time to get out?

I can think of many car parks where you sometimes might gamble on getting a place and not realise it would take 40 minutes to get out.

AgentJohnson · 16/08/2019 07:50

Because that's the service they offer. I'm certain you're just being dim on purpose now.
Bloody hell I just imagine you as a hyacinth bucket type.

Car park has no parking spaces shocker! John Oliver needs to get on this stat! The injustice.

Original poster
whynotmethen · 16/08/2019 07:51

The assertion that there was no way of knowing that it would take an age to leave is disingenuous and a judge will probably see right through that argument.

Actually there is legal precedent for a judge finding in favour of someone in a pretty much identical situation to mine. That case forms part of my defence. Sorry to disappoint...

Thanks again for supportive words everyone Thanks. And of course, I will be super calm and polite if I do go to court. I save the chippy side of myself for MN and certain other settings, but will be on best behaviour in court, of course Smile.

OP posts:
chomalungma · 16/08/2019 07:51

Car park has no parking spaces shocker! John Oliver needs to get on this stat! The injustice

Car parking has no spaces but charges person £85 for entering car park shocker.

Horehound · 16/08/2019 07:53

Car park has no parking spaces shocker! John Oliver needs to get on this stat! The injustice

The injustice isn't that there was no space, its that she couldn't get out and is now being charged an extortionate amount.

Horehound · 16/08/2019 07:53

Good luck, op!

Vasya · 16/08/2019 07:55

The assertion that there was no way of knowing that it would take an age to leave is disingenuous and a judge will probably see right through that argument.

As well as not being a driver you are clearly also not a lawyer. I am both of those things, and from what OP has posted on this thread it sounds like she has a very good case and decent prospects of success.

OP, when you win please do come back and update us!

NoWordForFluffy · 16/08/2019 07:55

@whynotmethen Did you say there was no full sign oriy was broken? I've had a skim read but can't find your post about it. Of it was broken, make sure you request inspection, maintenance and repair documentation from the other side by way of disclosure. Also ask them to confirm how many tickets / fines were issued on the same day (whether subsequently paid or not). This is all relevant disclosure which you can apply to the Court for release of if they don't provide if.

AgentJohnson · 16/08/2019 07:56

Did the OP actually park her car? If not, then she has a point, if she did, less so.

Lexilooo · 16/08/2019 07:58

OP, please calm down, ignore 95% of the posters on here they haven't a clue what they are on about and are spouting bollocks like it is gospel.

Goodadvice and whatdidfreddonow are the ones to listen to.

Please join and post on this private Facebook group, www.facebook.com/groups/PrivateParkingTickets/ they will help you.

Don't worry about your credit rating a CCJ only appears on your credit rating if you don't pay when they court order you to. They court will give you time to pay, and you can ask the court to give you instalments if you need it.

These companies are using the courts to bully people who are scared into paying money they don't owe. Do not give in to their intimidation, most of these "fines" are illegal and unenforceable and the companies know it, they are just relying on people listening to shit advice like you have had here.

AgentJohnson · 16/08/2019 07:59

The other issue is that no attempt was made to pay. She could have gone back in to pay upon leaving but instead assumed that she wouldn’t be charged after exceeding the grace period limit.

NC4this123 · 16/08/2019 07:59

Omg 🤭 what the actual f is wrong with people ? OP please ignore them they clearly have their own issues they are taking out on you.... it sounds perfectly reasonable and if all the info you have given is correct sounds like you should be just fine :)

leckford · 16/08/2019 08:00

I think you are unwise to make an issue of a small amount. You made a mistake pay up and avoid those car parks in future. If you get a CCJ it will go against you for credit, phone, mortgage, rentals etc.

Even if you settle it companies will be wary of taking on someone they regard as trouble making, unfair perhaps but the way the world works.

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