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Is my county court business centre letter fake?

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 22 July 2020 at 7:21PM
    Here is an image of a 'Judgment for Claimant (by default)' from the County Court Business Centre.

    You will see that it doesn't say 'Order of the Court', nor does it say 'Court Order' on it.
    It also doesn't appear to have been signed by anyone.

    But it does say...


    Are you saying that that is unenforceable, or even, to use your words, 'it is a scam'?
  • Rover_Driver
    Rover_Driver Posts: 1,519 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    ant555_2 said:
     I am not convinced that CCBC can issue a CCJ,  my understanding is that only a Judge can do that and there are no Judges (or even Lawyers) at CCBC. They only administrate they do not deliver a judgments 

    As in Umkomaas's reply, an uncontested claim made to CCBC can automatically result in a CCJ, it is dealt with as an admistrative matter. It doesn't need to be made by  a judge, and is enforceable and binding, and will need a succesful  'set aside'  hearing at a County Court to cancel it..
    It is a contested claim that the CCBC will transfer to a County Court for a decision by a judge. 
  • Redx
    Redx Posts: 38,084 Forumite
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    Paying £255 does not automatically obtain a set aside , it's not a paper exercise , it all depends on the reasons put forward by the defendant. We know they tend to be granted where errors or non tracing has occurred , but if the defendant ignored the flimsy court papers then I think it would be refused and has cost them a further £255
  • ant555_2
    ant555_2 Posts: 10 Forumite
    10 Posts First Anniversary
    The whole thing is a scam yes. As many of the so called penalty notices are unfair, they charge ridiculous handling fees and charges on top then a NON court issues that piece of paper. It may surprise you to know that some people already have bad credit and CCJ's and just live hand to mouth and don't care about credit rating. Debt collectors use that piece of paper to try and force them to pay the fine and they think they have to. My point was to tell people they don't have to. They can safely ignore ALL the letters and when debt collectors come they can tell them to 'sod off' because legally that paper is nonsense because no judge ever made a decision regarding your case.  No one is ever coming into your house and taking your TV (legally) unless you are ill informed and let them. If you are worried about credit ratings then yes perhaps you are screwed but it's not a court.
  • KeithP
    KeithP Posts: 41,296 Forumite
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    You are mistaken, but I'll leave you to it.
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
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    not worth trying to argue with some people
  • Umkomaas
    Umkomaas Posts: 43,187 Forumite
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    Tin foil hat on!  I mistakenly thought there might be an adult conversation here somewhere, but after the latest claptrap, I'm done!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • ant555_2
    ant555_2 Posts: 10 Forumite
    10 Posts First Anniversary
    edited 23 July 2020 at 9:25AM
    Ok i'm a conspiracy theorist then. All I know is 2 things:
    1. CCBC admit they are not a court but work with the courts on the gov.uk website that much is clear. They are not a real court, that's just a fact but lets move on from that as you tell me they can issue a CCJ, so fair enough, in practice it could still have a legal impact.
    2. I have dozens of these parking tickets (long story) and I have never received any court papers through the post. I only ever saw an 'Order of the Court' on a tablet shown to me by a debt collector and papers (with a very strange badly composed county court logo that looked fake) on photocopied sheets that were attached to letters sent by debt collectors. I believe that they were simply sent to try to scare me into paying or admit liability. I have never had any direct contact from CCBC themselves. If i ever did I would refute the debt as I was not the driver of the vehicle. 

    The word 'scam' seems appropriate.

  • Fruitcake
    Fruitcake Posts: 59,453 Forumite
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    edited 23 July 2020 at 9:57AM
    If you want to have a sensible discussion about this subject, perhaps you should start your own thread, not use someone else's thread from over two years ago.
    Since then, suns have exploded, worlds have collided, and laws have changed.

    You mention fines and penalties, yet these cannot be issued by unregulated private parking companies.
    You are being pedantic about whether the CCBC is or isn't a court, and what it can and can't do, yet use incorrect terminology and don't understand the difference between a debt collector, a private parking company, and court appointed bailiffs. If you can't get that right, it's no wonder you are getting the type of comments you are on here.

    There only only a few legally qualified posters on this forum, but at least two of them have posted here to correct you. 

    Just because you haven't been taken to court over an unpaid PCN, doesn't mean you won't within the six years allowed, nor does it mean others haven't and won't be taken to court either.
    Millions of motorists are issued with PCNs every year. Tens upon tens of thousands of court claims are issued as a result. Thousands of people get default judgments against them because they have either ignored the claims or have moved and never received them.
    Just because this hasn't happened to you doesn't mean it won't, or won't happen to others.
    There are some PPCs who never do court, ever. There are many others who will. If it has never happened to you then you have been lucky, but one day your luck might run out. If you do get a court claim from the CCBC and ignore it, you may well end up with a default judgement and if you don't pay that, then you could well have court appointed bailiffs turning up at your home to seize goods.

    You have given bad and out of date advice. I suggest you read a few dozen threads from posters on this forum who have received claims from the CCBC, to see what actually happens in the real world.

    This thread should be allowed to die so your incorrect advice drops off the bottom of the world.


    I married my cousin. I had to...
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  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Ant - stop. You are incorrect, and will mislead people
    While they cannot enter your property, they can clamp and remove any vehicle owned by you. 
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