judgement entered after emailed form due to original not rec'd!

ladyrider260

Hi all.
Got a parking eye ticket for apparently overstaying when I dropped someone off and picked them up 2 hours later!
Ignored, got money claim from Northampton and filled in the relevant appeal. In the meantime I phoned the retail park landowner who told park manager to cancel the ticket after I spoke to them about the incident.
Phoned Northampton to check receipt of forms but told due to a backlog, they couldn't check it and to email my forms as I was concerned they hadn't arrived (due to the 2 other letters posted at the same time not arriving)

Next thing I know, I get a letter sending back the form saying judgement had been.entered as they'd received the form after the closing period.
I have to pay £155 to appeal!!!!

Naturally I'm fuming as I've done everything they've asked and also informed the courts that the landowner was cancelling the ticket. I have email evidence of this.

2 questions.
1, is this a CCJ and will it affect my credit rating?
2, what's my next step?

They've sent me no forms to appeal or any info about where to obtain them..

The_Deep

Hang on, are you saying that you are in contact with the court, but the case went ahead without them telling you, and the PPC got judgement by default?

If this is the case pay whatever it takes, if the Court have mucked up it will not cost you a penny in the end.

ladyrider260

Pretty much! There's no way of checking if they had received my original form due to the backlog, so I emailed it with a covering letter saying I had been instructed to do this due to doubt of receipt of original form. The desk monkey didn't read the email and rejected it, saying I have to appeal. This will be at the cost of £155!
Do I seek legal advice as surely the appeal letter has to either state where to get the appeal forms if they're not sent?

terryw

Link regarding court complaints

http://www.justice.gov.uk/complaints/hm-courts-and-tribunals-service

Guys_Dad

I don't know the answer to this , but would OP be best paying the amount awarded to avoid a CCJ and then take up the appeal etc after to reclaim the money? That may be another £155 appeal cost on top.

As I said, I don't know but having a CCJ recorded can be a devil of a job to get Experia et al to scrub.


Can someone advise OP???

terryw

Link to application to set judgment aside and download form N244

https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

nigelbb

You cannot pay then apply for the judgement to be set aside. As the court screwed up then you should eventually get the £155 SAJ fee repaid when you get the judgement set aside.

arabesque_101

Was the parking charge notice actually cancelled in the end and if so on what date? If it was withdrawn, this may assist your situation.

Coupon-mad

nigelbb wrote: »

You cannot pay then apply for the judgement to be set aside. As the court screwed up then you should eventually get the £155 SAJ fee repaid when you get the judgement set aside.

I am sure we've seen a case where the OP was able to get the £155 waived because the issue was the court's fault. The OP needs to show that he did get the defence in on time and surely if it was done online via MCOL (not by post) then it will be trackable.

OP are you saying despite the fact this was MoneyClaim ONLINE you didn't send the defence...online?! You didn't post it snail mail, to Northampton central courts did you (how big do you think that office must be...enormous, with loads of paperwork from all over the Country! Why would anyone post to them and not use MCOL?).