CCJ for parking fine advice please

lil_john_2

Ok thank you I shall find all letters relating and dates and post up. I have also downloaded the appeal form for the court.

peter_the_piper

Don't do anything until you have posted it here for the experts to check over, saves a lot of problems. You may get private mail/emails from here or pepipoo, don't answer or get involved with them unless they have 500plus posts to their name, the dark side (ppc's) look at these forums and seek to muddy the waters.

lil_john_2

I have found the date of the parking was 1st of February which is when the car was sold onto my fianc! dad. Ie the same date

lil_john_2

I'm really struggling to find any letters they must have been binned when I thought I could ignore them. I found the far of the offence wrote down on a piece if paper with date and ukcps as a to do. That's all I have

ianders

Are you in England?

peter_the_piper

Have you actually received a CCJ or have UKCPS told you that you have one?

lil_john_2

I've record a letter that titled judgment for claimant. A claim number and says in the Northampton county court. Then says the defender you have not replied to the claim form it is therefore ordered that you must pay the claimant £150 for the debt and 25 for costs. By 31 of July and the letter is dated 19 July then bottom part has notes for defendant and how to pay

I did ring up te court to say I wanted to appeal and is it ok if I'm past the 31st instated the claim number and they said its ok

zzzLazyDaisy

Okay, a lot of this does not ring true (by this I do not mean that I think you are lying, but that I think you are confused and/or do not really know the facts of what happened with the court papers).

First, is the vehicle registered to an address in England, Wales, or Scotland? This is crucial. In your post you use the term 'defender' which is a Scottish term.

Ignoring court papers is NEVER a good thing. Maybe you did not ignore the court papers but it sounds like you think your fiance may have done?

Either way, assuming that judgment has infact been entered by Northampton CC (and it sounds that way) THIS is the situation:

1 you can forget all about appealing to the PPC and/or POPLA - you are way beyond that

2 there is a CCJ out there with YOUR name on it. That makes it YOUR problem - so what your fiance or father did has now become irrelevant as far as the court is concerned.

3 you can apply to have judgment set aside - there is a fee for this, there will be a court hearing which you will have to attend, and you will need to persuade the judge that a) you did not receive the court papers and you had no way of knowing about the court case; AND b) that you have a reasonable prospect of winning the case if the Judge allows judgment to be set aside. That is quite a high bar to jump - it is most certainly NOT a rubber stamp job.

4 The onus of proof is on you to show that, on the balance of probability, the court papers did not arrive. You have not moved house recently, so unless you have generally been having problems with delivery of mail, the balance of probabilities is already against you. If, in addition, you admit that the papers may have arrived but got mislaid and/or maybe your fiance binned them, you will definitely lose your application to set aside. Even if you get that far, you then have to persuade the Judge that you have a good enough case to have a good chance of beating the PPC in court if the judge allows it to go to a full hearing. So be prepared to argue the legal points at the set-aside hearing. (If the registered keeper lives in Scotland, that may be different. Similarly, if at the time of the parking charge the Registered Keeper was your father - or the V5 had already been sent off, again that may make a difference - but again the balance of probabilities is against you, because the PCN came to you, as the Registered Keeper, so it seems that the DVLA records had not been changed at that point.)

5 In the meantime - a CCJ has been entered against you. If you pay the judgment debt within 1 month, you can get the CCJ removed from the register. If you do not pay it, and you later fail to persuade the Judge to set judgment aside, you will be stuck with that on your record for 6 years (you can pay it after 28 days and the CCJ will be marked 'satisfied' but it will still stay on your record for 6 years.

You can find more information here

https://www.gov.uk/county-court-judgments-ccj-for-debt/overview

Personally, if you are at all concerned about having a CCJ on your credit record - and assuming you are still within the 28 days - In your shoes I would pay the judgment and get the CCJ removed from my file.

If having a CCJ on your file is not a priority, then go ahead and apply to set-aside judgment. If you are successful, the CCJ will be removed from your file, and you will then have the opportunity to present your case against the PPC at the full hearing.

Hope this helps

Daisy

lil_john_2

The process does not sound good and I am thinking maybe just pay it an learn from this mess up. We have had no post problems etc hence why I do not know junk have not seen the court paper, I think mate bitig he bulle and paying the fine will at least keep a ccj of my record. I got a default hen I lost my job but that is 3 years old now so would be a big set back

It is registered in England aswell.

ianders

lil_john wrote: »

The process does not sound good and I am thinking maybe just pay it an learn from this mess up. We have had no post problems etc hence why I do not know junk have not seen the court paper, I think mate bitig he bulle and paying the fine will at least keep a ccj of my record. I got a default hen I lost my job but that is 3 years old now so would be a big set back

It is registered in England aswell.

Which country do you live in? Which country was the car park in where the "offence" took place?