Parking fines don't get recorded on your credit file??

cmrfly01

willing2learn wrote: »

Hi everyone

Is this true?

Unfortunately I had a few parking tickets following the loss of my dad 2 years ago....it was due to being in solicitor's offices just a few minutes too long and also being preoccupied with everything that happened.....since i was using my dad's car my mum became aware of the first ticket and unknown to me she alled them and explained what happened, a bit naive but they actually wrote the charge off on compassionate grounds. I was really grateful....unfortunatley I still had others. In the midst of sorting out my dad's estate which included his business, etc....I've not dealt with those charges and now I have had a bailiff's letter...

I can pay part of it off to start with but worried that I will get a CCJ.....but then read here that it doesn't go on your credit file....is this really true? I want to pay the fine but it would help if I didn't have to do it all in one go. By the way i've not had monies from my dad's estate in case anyone was wondering why I couldn't use that

thanks for listening

If it's a Council Penalty Charge Notice, then they'll use working such as 'Penatly' on their paperwork, and it'll say somewhere something to do with the ticket being issued under the 'Traffic Management Act 2004' in line with the Civil Enforcement of Parking Contraventions (England) General regulations 2007 , Civil Enforcement of Parking Contraventions (England) Representations and Appeals regulations 2007, Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007.

In other words, it's probably best that if you don't have a case against the council and the fairness of the issue of the ticket, then you should pay it off as soon as possible, as it's issued under UK Legislation.

It'll only be recorded on your credit file should they obtain a county court judgement against you (That is registered, this happens after 28 days of non payment of the judgement).

HO87

cmrfly01 wrote: »

If it's a Council Penalty Charge Notice, then they'll use working such as 'Penatly' on their paperwork, and it'll say somewhere something to do with the ticket being issued under the 'Traffic Management Act 2004' in line with the Civil Enforcement of Parking Contraventions (England) General regulations 2007 , Civil Enforcement of Parking Contraventions (England) Representations and Appeals regulations 2007, Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007.

In other words, it's probably best that if you don't have a case against the council and the fairness of the issue of the ticket, then you should pay it off as soon as possible, as it's issued under UK Legislation.

It'll only be recorded on your credit file should they obtain a county court judgement against you (That is registered, this happens after 28 days of non payment of the judgement).

It is also a fact that 70% of all cases that are appealed are successful and are successful because the signage, wording and construction of PCN's or procedures followed do not comply with the law. Whilst PCN's are issued under statutory authority the same legislation requires that local authorities strictly adhere to certain procedures. If they do not that may well invalidate a PCN.

give_them_FA

cmrfly01 wrote: »

If it's a Council Penalty Charge Notice, then they'll use working such as 'Penatly' on their paperwork, and it'll say somewhere something to do with the ticket being issued under the 'Traffic Management Act 2004' in line with the Civil Enforcement of Parking Contraventions (England) General regulations 2007 , Civil Enforcement of Parking Contraventions (England) Representations and Appeals regulations 2007, Civil Enforcement of Parking Contraventions (Guidelines on Levels of Charges) (England) Order 2007.

In other words, it's probably best that if you don't have a case against the council and the fairness of the issue of the ticket, then you should pay it off as soon as possible, as it's issued under UK Legislation.

It'll only be recorded on your credit file should they obtain a county court judgement against you (That is registered, this happens after 28 days of non payment of the judgement).

I have to say I differ from you on this one. Councils do not get a "county court judgment" in respect of PCNs. They have, as HO above states, a rigid framework of statute law to comply with. The final stage is that they issue a "charge certificate" which is for the original PCN amount plus a further penalty of 50% on top. If this remains unpaid, they then pay a sum of £5 (which is added to the debt) in order to have it registered at the Traffic Enforcement Centre which shares the building with Northampton County Court. The TEC then issues a liability order which entitles the council to proceed with enforcement, usually by the use of bailiffs. Whilst there are points at which you can challenge the procedure for want of service of the necessary Notices, at no time will you ever appear, or be given the chance to appear, in front of a County Court. So there is no "judgment" by default or otherwise. This is perhaps the sop which the Government puts out for the motorists caught with this arbitrary and one sided procedure- at least it isn't a CCJ.

Except where you are applying to have the liability order set aside out of time, you will NEVER have the matter come before a District Judge; and even where you succeed with your out of time application, all it will do is to set the procedure back a couple of steps. The Judge will NOT decide whether the PCN is payable or not. The only authority that can decide that is the Adjudicator, which is a non-court system.

husheechee

whooppppeee,excel parking hopefully being slaughtered on watchdog next thursday.....of course im not being !!!!!y?

willing2learn_3

Right - now I have to stand up and pay attention - bailiff letter through door - I was out. They will be coming again as i texted them and requested they give me a week - cannot as goes to enforcement officers tomorrow....

So a parking charge of £75 is now £300+ because i've been so busy with other family issues that i've let it gather dust on the shelf.

Now to find £300....and sort the other ones out before they reach this stage

Never had a bailiff come to my door before.....and no idea what I can do as these fines are unfair - it's daylight robbery adding huge charges on top when I was in touch with the company and had paid off two thirds of the debt already and just asked for a bit more time

willing2learn_3

give_them_FA wrote: »

I have to say I differ from you on this one. Councils do not get a "county court judgment" in respect of PCNs. They have, as HO above states, a rigid framework of statute law to comply with. The final stage is that they issue a "charge certificate" which is for the original PCN amount plus a further penalty of 50% on top. If this remains unpaid, they then pay a sum of £5 (which is added to the debt) in order to have it registered at the Traffic Enforcement Centre which shares the building with Northampton County Court. The TEC then issues a liability order which entitles the council to proceed with enforcement, usually by the use of bailiffs. Whilst there are points at which you can challenge the procedure for want of service of the necessary Notices, at no time will you ever appear, or be given the chance to appear, in front of a County Court. So there is no "judgment" by default or otherwise. This is perhaps the sop which the Government puts out for the motorists caught with this arbitrary and one sided procedure- at least it isn't a CCJ.

Except where you are applying to have the liability order set aside out of time, you will NEVER have the matter come before a District Judge; and even where you succeed with your out of time application, all it will do is to set the procedure back a couple of steps. The Judge will NOT decide whether the PCN is payable or not. The only authority that can decide that is the Adjudicator, which is a non-court system.

The High Courty Enforcement Officers and Certified Bailiffs can't get me a CCJ?

Sorry for my ignorance! but i had a CCJ once when 20 for leaving a student loan undeferred - in other words i didn't sign the deferrment form - and i never was asked to appear before a court or anything - i just got informed I had a CCJ.

give_them_FA

Only a full County Court can record a CCJ. Bailiffs only act AFTER the CCJ is in place. They are purely people that ENFORCE a CCJ, not create it! But as I explained the parking fine procedures do not go before a County Court and are not recorded as CCJs. You have unfortunately found out that this doesn't prevent the legal thieves known as bailiffs from cashing in big-time.

It's unclear to me how you say you once got a CCJ without any notification. Perhaps the necessary paperwork did get issued, but for some reason you didn't get it. If you fail to respond (and not receiving it causes many failures to respond) then the CCJ is issued by default.

willing2learn_3

Thanks - I must have not received some documentation from them.

The bailiff fine is paid....

Curious though what would have happened if i'd left it any longer - because the man said enforcement officers would get involved tomorrow.

Right of entry and take my stuff i suppose? Apart from my computer there's not a lot of any value....he said they had a warrant out on my car....they could have had that, it's off the road and i go everywhere by train :rotfl:stops me collecting parking tickets

give_them_FA

I'm afraid that, whilst you might think that as "officers of a court" bailiffs are fine upstanding citizens, there are a proportion of them who regard their powers as insufficient and try to bull you into thinking they have powers they do not. Right of entry is one. A bailiff enforcing a council parking ticket fine has no right to use force to enter your property.

I remember one who, upon being told by the debtor that he had no property at the address, then said "no problem I will take your girlfriends things then". Unfortunately for him, we had organised recording the conversation... never heard again from him or the company, the warrant was returned unsatisfied...

but shows what lies some of them tell.

willing2learn_3

I have the text he sent me - since i am thining of making a complaint to the FOS on a number of issues related to this - worth keeping the text?

Thanks for your time on this!!