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UKPC- No contract- Default Judgement

hasitbeen
hasitbeen Posts: 16 Forumite
edited 15 December 2017 at 5:54PM in Parking tickets, fines & parking
OK lovely folks,

My daughter went to court earlier this year when UKPC tried to take money from her for a parking ticket behind her place of business. It's her business, she had parked there. When she went to court the Judge found there was no contract between her and UKPC therefore claim was thrown out.

UKPC then tried to take me to court as I had parked behind my daughters place of business as I was helping her on the day. I wrote to the court and UKPC advising them of my daughters case and how the judge said there was no contract between my daughter and UKPC. UKPC didn't respond but the case didn't go to court.

NOW
UKPC are at it again. I have I had another ticket which i sent them the same letter. I acknowledged by claim online (Government Gateway) and putting in the defence that we have been through this before, the judge found no contract, will this be enough?

Unfortunately UKPC also ticketed my daughter but she did not acknowledge the claim in time as she lost her job and was going through quiet a lot at the time. She has now default judgement. I believe she has a reasonable chance of success in the initial claim and hopefully the courts will acknowledge she had a lot going on.

What do you think of the above? Any hints and tips on both? Sorry i am a new user so hopefully I have made it all clear
«13

Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    I think cutting the story short hasn't helped because I'm confused as to exactly what has happened.
  • Coupon-mad
    Coupon-mad Posts: 154,594 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Default Judgement

    So, read the NEWBIES thread about set asidse.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Quentin
    Quentin Posts: 40,405 Forumite
    Your post is a little confusing

    If your daughter has a ccj by default then her choices now are to either pay it or fight it.

    If she has grounds to get it set aside then she needs to make an application to the court. Costs £255. Google set aside to see if she has grounds.

    If she has grounds then she should ask the court to stop any enforcement proceedings pending the outcome of the set aside hearing.

    If she has no grounds (eg she simply ignored the court claim) then she needs to pay it off to stop enforcement ,( eg bailiffs/ attachment of earnings etc)
  • Hopefully I have clarified now
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Read post 2 of this. You will need to study it carefully

    https://forums.moneysavingexpert.com/discussion/4816822

    It sounds like your daughter got papers but ignored them. I have to warn you if that is the case a set aside might be tricky. Not impossible but potentially a whole lot more difficult. The judge may well want to know why she didn't respond. There is the risk they decline the set aside as she had the opportunity to defend it earlier.

    A set aside isn't guaranteed but you may get lucky.
  • We have letters from employers to show she was made redundant. She even started to do the claim online but with everything going on it slipped her memory. Also her father was unwell. Again medical evidence of this can be shown. Will this help? Or should she just pay and have done with it?
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    Or should she just pay and have done with it?

    Is it under £600? Does she need a clean credit history?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • It's £275.34. She just does not want a black mark against her record
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    When was judgement obtained? If it was within 28 days it may be a whole lot easier to pay it.
  • 28 days will be next Friday. If she fights it, loses it will she be given another opportunity to pay or will it be an automatic CCJ?
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