Subject: CCJ issued without my knowledge
I had a CCJ issued by ParkingEye for a parkingticket I didn’t pay, not because I didn’t want to but I never received any correspondence. ParkingEye was sending the correspondence to my old address and when they finally obtained my correct address they had already taken me to court and a CCJ was issued. They will mark the CCJ satisfied once I paid the £185 fine. I went to see a solicitor and he advised to pay the fine of £85 but not to pay the £100 because ParkingEye as a company didn’t do their duties in trying to get my correct details. Parkingeye has now got back to me asking for the outstanding amount of £100 as ordered by the court. Apparently I cannot appeal as the case has already gone through court. What can I do next? I feel like there is no real guidance and am shocked that a company can just take you to court without your knowledge. I never received any court papers, I assume they have all gone to my old address. ParkingEye is telling me that it is my duty to keep my address details up to date with the DVLA which I have done. The original parking fine was issued just when I notified the DVLA of my new address and I can only assume that my address details weren’t updated when ParkingEye obtained them from the DVLA. All this I have pointed out to ParkingEye but there is no reasoning. As far as I am concerned I have now paid the parking fine of £85 and that should be the end of it. What will happen if I refuse to pay the remainder? And to whom can I appeal? I really hope you can give me some guidance as I don’t know what to do next and I am very reluctant to pay £100 for something that was really out of my hands.
I’m not legally qualified in any way, but that sounds like strange advice from a solicitor. If you have a CCJ awarded against you, then the court is ordering you to pay the specified amount; you cannot pick and choose what proportion you pay. If you do not settle the CCJ in full then it will go on to the CCJ register for 7 years, likely impacting your credit record. If you fully settle it within 28 days, then the CCJ is considered settled and will not remain on the register.
If you can demonstrate that the documents were issued to the wrong address and that you have a reasonable chance of defending the claim, then you can apply to have the judgement set aside. This means that the CCJ is lifted, and the case will be reheard. If this case is reheard then you can get advice on how to fight your case, or you could negotiate a settlement with ParkingEye (e.g. for the original fee). There is no guarantee of success, but at least you can avoid having the CCJ on your record.