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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 08:02

Also ask them to confirm how many tickets / fines were issued on the same day

I can imagine there must have been many customers who did park, who then paid their tickets, queued to get out but couldn't get out within the grace period allowed and were fined as well.

Horehound · 16/08/2019 08:04

Lexilooo

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

I think we've entered the twilight zone.
The OP is calm! 95% are on her side. Its already been stated if she does have to pay and she pays up quickly she will be fine. Jesus.

PalindromicUser · 16/08/2019 08:04

On the contrary @NoWordForFluffy I have quite significant experience of civil litigation and the court system. Would you care to set out your CV for us?

The OP is clearly upset and angry. But she’s coming across as ranty and hysterical. According to the strictly applied rules of the car park, she should have paid. She needs the judge on her side to find an reason why they should be disapplied in this instance. And the judge will not be on her side if she appears in court like she’s appearing here.

TalbotAMan · 16/08/2019 08:19

On a different tack, spend £100 on a dashcam and some SD cards. Then if it happens again you'll have video footage proving the car park was full and you didn't park. They're also useful should you have an accident that wasn't your fault.

NoWordForFluffy · 16/08/2019 08:20

No she is not, @PalindromicUser. She is pissed off but not hysterical!

I'm a civil lit lawyer, but I'm not setting my CV out for you, no.

She is a litigant in person who is defending a claim. A Judge will know that she thinks it's unfair as that's why she's defending it. As long as she's polite and factual, a Judge will see her point. She certainly isn't coming across as hysterical at all. Confused

Smileyaxolotl1 · 16/08/2019 08:21

agent Did the OP actually park her car? If not, then she has a point,

Please don’t waste people’s time posting on a thread when you have the reading and comprehension skills of a blind gnat.

Just in case you still haven’t worked it out - she DID NOT park as there were no spaces. That’s the whole point of the thread, you have been arguing about something without even a basic understanding of the OP’s issue.

NoWordForFluffy · 16/08/2019 08:22

@leckford, nobody will even bloody know about it if she either settles or pays within the requisite time period. You're spouting rubbish!

CatPunsFreakMeowt · 16/08/2019 08:23

But she’s coming across as ranty and hysterical.

No she isn’t Hmm

Best of luck OP! I don’t blame you for not paying up without a fight.

Bluntness100 · 16/08/2019 08:25

How long were you actually in the car park op in total?

AuntyMarysBigRedPants · 16/08/2019 08:26

Agent do you work for Britannia?
Good luck OP, stay calm and factual
I think they will offer to reduce the claim just before you go into court

Excited0803 · 16/08/2019 08:30

Good luck with it OP, it's clearly an unreasonable charge. I hope the parking group can help you, personally I'd focus the argument on asking them to show evidence of your car parked rather than queuing, photos of poor signage (get someone local to take some if you're far away), number of tickets issued the same day at that car park and proof of parking very nearby immediately afterwards. Take multiple copies of all correspondence and evidence so you can pass copies to the judge and whoever represents the parking company while referring to your own copy.

My mum had an issue recently of a parking company claiming she parked for 8 hours in a pick-up zone when she did 2 pick-ups 8 hours apart. They refused her appeal that she wasn't there asking them for photos by saying she should provide evidence that she wasn't there (how is that possible when you've just gone home?). Luckily the parking is on a contract, so she complained to the land owner and it was withdrawn. I doubt that's the case for Britannia as they probably own their own car park, but worth checking if it's a shopping centre / rail station etc.

Lexilooo · 16/08/2019 08:32

The link didn't work, the Facebook group I suggested is Private Parking Tickets - help and advice

They will help you OP

JemimaPuddlePeacock · 16/08/2019 08:37

Yellowshirt

How did your wife manage to run up a £7k overdraft before you noticed?

Surely unless the overdraft was already available on your account the card would have been declined? Or with such a huge spend in a short time the bank would have blocked it fearing fraud? Was it before internet banking? I’m struggling to imagine going so long without checking my balance that somebody who nicked my card had enough time to spend £7k! Just curious as that seems so far fetched unless you were out of the country for weeks and didn’t keep an eye on or use your accounts in a while.

OP, recently we tried to use a car park. We entered and found a space and tried to pay. Only we didn’t have change and there was the option to pay via card using an app which is what I always do elsewhere. Only the usual app had been changed so you had to download a new one, I downloaded it from the App Store but it kept bringing an error message when I tried to create an account and just wouldn’t allow me to use it. OH tried on his phone and same issue, the app wasn’t functioning and couldn’t be used. So we left, I think we’d been in for just over ten minutes or so and at no point had either of us got out of the car at the same time or locked it or walked away, just one of us went to the ticket machine then came back with the app name.

We got a ticket for parking up and not paying 😂 obviously we didn’t pay it as it was on them that their payment method didn’t work and once we realised we couldn’t pay we left. And before anyone starts with ‘well you should have had cash shouldn’t you’ they shouldn’t offer apps and card as options if they’re non functional.

Haven’t heard back from them yet but there’s absolutely no way I’m paying that.

berlinbabylon · 16/08/2019 08:41

OP if you didn't actually park your car and only drove around, you will win your case.

A local hospital had an operator like this, the car park was very often full and people (often vulnerable) received "fines". Some paid, the majority did not. There were a lot of complaints and the hospital sacked the parking operator (not sure why they just didn't give them sensible guidance in the first place).

If you dispute the charge, but you win the case, no harm done.

If you dispute the charge and lose the case, you could either appeal further (expensive) or pay up.

Your credit rating will not be affected. You are allowed to dispute a debt.

JemimaPuddlePeacock · 16/08/2019 08:43

And the judge will not be on her side if she appears in court like she’s appearing here.

You’re appearing like a bit of a tool on here PalindromicUser, I assume by your logic if you appeared in court tomorrow you’d be unable to rein it in and act calmly and civilly, right? Or do you think maybe people are capable of expressing their frustration on a casual online forum while also being able to act calmly and rationally in court?

Not that OP is coming across anywhere near ‘hysterical’ as you’re trying to make out. Projection maybe?

Ignore the people with nothing better to do than try stick the boot in on a Friday morning OP. It’s sad.

LakieLady · 16/08/2019 08:58

Did the OP actually park her car? If not, then she has a point

I think she absolutely has a point. You pay for parking: if you can't park, you shouldn't have to pay. I also think that the operating company is on to a great earner here: make it take ages to get out and you get to extort money from all the cars they couldn't accommodate. They prlobably made more money from the people who couldn't park that day than from the people who could.

I really hope you win, OP, and that you come back and update us with the outcome.

Vasya · 16/08/2019 09:02

But she’s coming across as ranty and hysterical.

She isn't remotely coming across as either of these things. It's so typical that the minute a woman expresses concern in anything other than the gentlest terms possible, she's deemed 'hysterical'.

According to the strictly applied rules of the car park, she should have paid.

None of us know what the strictly applied rules of the car park are because they haven't been shared on this thread. How you can therefore assert this with total confidence is beyond me.

She needs the judge on her side to find an reason why they should be disapplied in this instance. And the judge will not be on her side if she appears in court like she’s appearing here

The judge will made a decision based on the facts of the matter. They will not make a decision based on whether or not the OP is frustrated to have been unfairly fined.

TildaKauskumholm · 16/08/2019 09:04

OP and the journo, yes good point about there being no 'full' sign. Call me cynical, but with a scumbag company like that there is surely much profit to be had from 'broken' signs which bring in innocent drivers like the OP (and as stated surely the majority pay the £50 fee as it is so stressful and difficult to contest)

LakieLady · 16/08/2019 09:06

We got a ticket for parking up and not paying 😂 obviously we didn’t pay it as it was on them that their payment method didn’t work and once we realised we couldn’t pay we left.

I got a ticket overturned in similar circumstances. I knew I was going to have to park there and had the necessary change. The machine was just spitting the coins back out again. I couldn't download the app or pay by phone because there had been storms and half the mobile networks, including mine, were out of service. I rang the company from the landline where I was going, and they had no means of taking a payment other than the automated service that you could only access by mobile phone.

Luckily, the local paper carried an article about no-one being able to pay by phone and the car parking machine being full of change by 8.00 am, I scanned the article and submitted it to POPLA with an account of what had happened and they overturned it.

LatteLove · 16/08/2019 09:06

“A sense of entitlement” give over, @AgentJohnson

stickystickysticks · 16/08/2019 09:08

@AgentJohnson
You've got to be taking the piss.

  1. You haven't actually read the OP
  2. You don't actually drive Hmm

Op- there is a car park like this where I live, it's 9 floors up. This has happened to me (must have forgotten to turn on my X-ray vision like agentjohnson that day to see through the floors)

However as it's not pay and display I was able to have a conversation with a staff member on the way out as it took too long to get back down. (Have to drive down and round every floor on the way down)

Hopefully you get a judge who can see how ridiculous this is. If not as others have stated, CCJ will only effect your credit rating if you don't pay x

Areyoufree · 16/08/2019 09:09

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

There's a weird attitude to money on here sometimes. This isn't the first thread I've read recently where people have just assumed that everyone has spare cash. Or that not have savings stashed away is always down to choice.

There's a lot of weirdness in this whole thread, to be honest. What has happened to the OP is obviously grossly unfair. These parking companies have a reputation for pulling stunts like this, and it is something that needs to be dealt with.

goose1964 · 16/08/2019 09:11

My suggestion would be to pay it "without prejudice" that phrase means that the company cannot say well she paid it so she accepted the charge, and you can still fight it

JemimaPuddlePeacock · 16/08/2019 09:20

Areyoufree certain posters clocked the term ‘CCJ’ and immediately relished the opportunity to dive right in with ‘cheeky fucker, pay your debts, well if you did nothing wrong it will all be fine won’t it, clearly you broke the rules or you wouldn’t have got the ticket’ etc.

Little rules lawyers. The overwhelming sense of ‘must always obey the rules no matter how nonsensical they are, no room for there being an error in their application’ etc is really bizarre on MN.

And yes, the idea that £85 is small change. Can see the privilege a mile off emanating from that poster.

Nicknacky · 16/08/2019 09:21

Why would she pay when she is on a queue for leaving?!

Honestly, some people on this website just like to argue with OP’s for the sake of it.

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