Urgent help please!

Donowl1981

Hi
So I’ve apparently got a ccj from a parking fine,I knew nothing about it until I recieved a letter from dcbl recently. The parking fine is from April 2012!!
I really don’t want debt collectors at the door but I just don’t think I have the time or legal knowledge to fight this using the court. The original court judgement is for £276 and now the debt collectors are asking for £370. I hate giving in to these crooks but I just don’t want people turning up at my house when my kids are here.
Any advice on the best way to deal with this.

The_Deep

These default CCJs are very common among PPCs, especially where people have moved house. In a lot of cases a set aside, (cost £255) goes through on the nod and the PPC has to cough up.

As this case is pre POFA they would struggle against an RK if they t resusbmitted a claim, and did not know who was driving, so please consider fighting it, it will cost them plenty and you can ask the court to put bailiff action on hold.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Quentin

Is this a new ccj turned up, apart from your other ccj in your other thread?

If not why start a new thread?

If you want to pay this off bear in mind that the ccj stays on your record 6 years from the date of the ccj (is not the date of the original pcn)

Also read up on set aside by consent which if successful would mean the ccj being removed from the records (costs £100 court fee) if you are determined to pay

(If you didn't know about the claim a set aside should be your way forward)

See #2 in the Newbies FAQ thread near the top of the forum for advice on set aside

Donowl1981

So what you are saying is that if I can get the judgement !!!8216;set aside!!!8217; on the grounds that I have not been contacted I will then have to prepare a case as to why I think the charge was unjustified?
POFA is this when the parking company has to provide proof of who was driving?
When exactly did this ruling come in?
What realistically are my chances of winning?

Donowl1981

Does anyone know if they can actually legally make me pay more than the amount the original ccj is for? Surely the court can not endorse the debt collectors ?

Quentin

When the claimant has won a ccj against you they can take enforcement action through the court (bailiffs/attachment of earnings etc) and you have to pay all the costs involved


(Have they taken enforcement proceedings through court?)

Quentin

Donowl1981 wrote: »

So what you are saying is that if I can get the judgement !!!8216;set aside!!!8217; on the grounds that I have not been contacted I will then have to prepare a case as to why I think the charge was unjustified?
POFA is this when the parking company has to provide proof of who was driving?
When exactly did this ruling come in?
What realistically are my chances of winning?

The newbies faq thread covers set aside! (As already advised)


POFA also covered there - nothing to do with proving who was driving!!

Umkomaas

You seem to decided to ignore a specific and important question from Quentin. How about an answer?

Is this a new ccj turned up, apart from your other ccj in your other thread?

If not why start a new thread?

Coupon-mad

Needs merging, no replies should be posted here till it's been done:

https://forums.moneysavingexpert.com/discussion/5817262