2 CCJ,s from parking fines

lukemid

Hi,

I have downloaded a credit score app and found I have 2 CCJ's against my name, I took the day off work and headed to the county court and have been given 2 default judgements. One was dated 18/11/16 and the other 02/09/17. I think they are parking tickets as the claimant is minster bay watch. Who have asked gladstones solicitors to enforce the payment. I have no other information about the alleged fines and cannot even recall seeing a ticket on my car. After speaking to a a family member I have realised just updating your driving permit is not enough and I must update my v5c to my new address. This must be the reason for no contact as I haven't lived at the address on the v5 for around four years. I realise I am in the wrong but is there any advice you can give me regarding the ccj's as it is seriously affected my chances of getting a mortgage.

In your honest opinion should I pay and wait the 6 years?
Should I email M.B to ask for all information regarding the offences?

Thank you in advance
Luke

lukemid

Ps. I have read the newbie guide and understand most of it. I'm just curious on how to start proceedings and your initial thoughts on this mess

twhitehousescat

a parking co can only get info from the DVLA once , no ticket on car = before 14 days , picket placed on car 28 days approx

so you need to find out when the tickets were ISSUED

Coupon-mad

In your honest opinion should I pay and wait the 6 years?

No. Even the Government & the Courts Service have both woken up to how unfair this is.

Should I email M.B to ask for all information regarding the offences?

Yes, why not pretend you are interested in paying to 'satisfy' the CCJs, and say to make an informed decision you wish to see their evidence of contraventions and the Notice to Keepers they sent and where they sent them, and a copy of the claim particulars so you can 'seek advice'.

Ask them also, why they made no attempt to trace you, because your address is not hidden and you are registered on the Electoral Roll, etc., so were 'there to be found' before both these claims. Or if they did try to trace you, can they provide evidence of their efforts to establish your address, give the fact they knew at the time of the first CCJ that the address must be wrong, because you didn't respond. Yet they repeated their action a year later.

Ask also if they would sign a consent Order for setting both CCJs aside and if so, what payment and what terms would they accept? And what are the two claim numbers (you need that info!).

DO NOT make an offer.

DO NOT give a phone number or email address, deal with this by post but quickly, and ask that they respond within 14 days otherwise you might just have to set aside the CCJs without consent due to the need to act quickly.

DO NOT ring them, nor Gladstones, if they reply asking you to.

The above, and giving them 14 days. Giving a short deadline and making them think you are likely to pay them to settle and agree to a set aside 'with consent', should focus their attention on telling you the ridiculous amount of money they want, but also hopefully they'll send you a copy of each claim form, photos of contraventions and the NTKs served.

That then gives you the ammo to see what you are up against and that you have decent prospects of defending these 'charges', assuming the court sets the CCJs aside. You will then have the facts and can see how much they want and you'd know whether they will settle by consent, to set aside the Judgments rather then just mark them 'satisfied'.

BUT in fact - despite the way I think you should write to Minster Baywatch, to tease out some info quickly - I suggest you should NOT be looking to pay/set aside with consent, or pay/mark the CCJs as 'satisfied'.

I suggest you should consider paying £255 fee to the Courts per CCJ to apply on a N244 to set them aside in the normal way as set out in the NEWBIES thread. These are almost always successful v parking firms, for various reasons which make these set asides more likely to succeed than say, trying to set aside a CCJ where you had entered into a 'CCA 1974' formal credit agreement with a mail order firm, for example.

These are different. Not 100% guaranteed to be set aside (depends on a Judge). But likely.

You can show the court that you were 'there to be found', that the Claimant made no attempt to find you (especially with the second one, given they KNEW you never responded to that claim the year before, it is reasonable to say that they KNEW - or should have known - that the address was wrong, and should have taken reasonable steps to trace you). You will also need to show your local Court that you have prospects of defending the claims, if the CCJs are set aside (many Judges want a precis of your proposed defence), and use to your advantage, the Government's stated position on these.

Soe people here who apply for sets asides even get the Judge to order the PPC pays the £255 fees back to the Defendant, when the Judges hear about the issue:

Terrible stuff, the Government have vowed to put a stop to this:

http://parking-prankster.blogspot.co.uk/2016/12/government-announce-ccj-review-due-to.html

https://www.lawgazette.co.uk/law/government-mulls-county-court-judgment-shakeup/5064115.article

Parking firms were singled out, but don't assume your Judge knows that.

People in your position should fill this Consultation about default CCJs in, NOW:

https://consult.justice.gov.uk/digital-communications/default-county-court-judgments-2/

Think it has just days left to fill it in so let them hear your wrath and what you want the Government to do about it.

When I filled my views in I replied specifically about parking firms and made it clear that their suggestions DID NOT go far enough to stop the 'outrageous scam' (Hansard)*
BTW if you get no reply by mid-March you will need to act quickly anyway to apply to set these aside. Diarise it, do something within weeks, you MUST show the court that you acted swiftly.

Try to get something, but if push comes to shove, you don't actually have to have all the evidence/copy of claim forms, photos, PCNs, NTKs etc., up front - after all, you know it's about a couple of unfair private parking charges because that's what Minster Baywatch's industry is all about, and if they don't respond then you can paint a picture of unreasonableness for your Judge to read in your WS to accompany your N244s.


* Parliamentary debate during the second reading of the Private Parking Code of Practice Bill, 2.2.18, covered on this forum a lot - you should watch the debate, NOW, to fire you up.

lukemid

Update: so I sent a slightly reformed letter using your copy and paste guidelines. (Don't worry I never mentioned myself parking I kept it very accusational). I still haven't heard from minster bay watch and it has now been a week and 1 day . In the mean time I have printed off 2 n224 appeal notices to fill in. Is there any other information I should be gathering in the process.

Thank you

nosferatu1001

N244 I hope

Not an appeal, this is a set aside you need.