Should I pay this CCJ?

kakflapper

I received a NTK on 11th October 2016 from "Minster Baywatch" for a "contravention" on 06.10.16, which I ignored, and subsequently received a demand for payment on 09.11.16. Gladstones Solicitors issued a "Letter Before Claim" on 25.11.17. They went to the County Court and I was issued with a CCJ by default on 29.12.16 (£249). I've since realised that I should have contested the judgement but it was the first CCJ I received (for numerous Private PCNs) and it was unexpected. On 15.02.17 Gladstones wrote to say they had obtained the Judgement stating that "should the payment temain outstanding then our client is likely to instruct us to refer the file onto Direct Collection Baliffs Ltd". They issued the same letter on 15.03.17. I subsequently received a Notice of Debt Recovery from DCBL on 26.05.17, and a Pre Enforcement Letter from DCBL on 15.06.17. Since then nearly 11 months later nothing has happened (ie no correspondence) but I'm anxious something might turn up out of the blue. A friend has said that DCBL will still pursue this (when they get around to it) and it won't go away. Should I complete an N245 form and arrange to pay the CCJ. Please advise.

Quentin

When a ccj has been ordered the claimant can take enforcement proceedings at any time (eg bailiffs/attachment of earnings etc) all at your extra cost over and above the amount on the CCJ


So maybe best to pay it before they get any enforcement orders! (Assuming you simply decided to ignore the claim from the court)

waamo

Why did you get a default judgment against you? Is it because you ignored paperwork or is there another reason?

pogofish

Why didn't you take current advice before going down this route?

All your ignoring has resulted-in is a much harder and more expensive battle to win. Although you will get your money back if you succeed.

System

@kakflapper

What is the value of the CCJ? How many other tickets do you have? Is this the College?

For the others. If you read the dates, there has been no action by DCBL so it appears to be under £600. Also it may be that this is for an MB location where MB are known to lose - or do not have authority to progress in the first place. A few more facts needed before we can jump to a conclusion.

The_Deep

You need to do a lot of reading, now, CCJs can ruin peoples' lives.

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.

kakflapper

I ignored the paperwork, foolishly. I should have contested it.

kakflapper

Thank you.
The Pre-Enforcement Letter dated 15th June 2017 states the outstanding balance is £339.10.
It states that DCBL will "Recommend to the client" the commencement of legal recover action against me. However I have heard nothing since.

waamo

As you ignored paperwork then a set aside is probably nigh on impossible.

This leaves you with two choices. Either pay it or sit tight and see what happens. If you can live with it for 6 years it may be worth seeing if they bother enforcing a relatively small amount.

What you do is your call as we don't know your circumstances.

kakflapper

Thank you. I can cope with the 6 years (although my wife needs convincing). It is a relatively small amount and I heard somewhere that they are unlikely to pursue it unless the total claim is more than £600. Is that true. This is the only "Parking Charge" I have received from Minister Baywatch.

Redx

nobody can tell you if they will "pursue" it or not

that £600 and above is where they could transfer it to the high court for a writ , like you see on CANT PAY on the tv , which is when those bailiffs get involved (the so called high court sheriffs like DCBL)

but they could try for a warrant of control via the current court (see the MCOL website for enforcement explanations) , they can use DCBL for this but its not the same authorisation as when they act as sheriffs , so they act as debt collectors for the small claims court instead (same staff, different legal hat)

if at some point it became higher than £600 , this is when they can pay and escalate to the HIGH COURT , for the writ, below that figure, they cant go for said writ

post #2 told you about enforcement , so was talking about the usual county court stage of warrant of control , attachment of earnings etc , usually by people like DCBL acting as county court bailiffs (but not as sheriffs IE:- not as HIGH COURT ENFORCEMENT unless its over £600 and they transfer it to the high court for a writ)

DCBL can act as mere debt collectors, and/or as county court bailiffs , and/or as high court enforcement , so they wear multiple hats)