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CCJ notice

Hi All,

i have read most of the threads, but i could not find the information in relation to my case. i received a CCJ letter to acknowledge the claim from BW Legal. i parked my car at NCP car park last year in December and i was told, that i have not paid for the ticket.

in short story, i'm suffering from Muscular Dystrophy and i'm unable to walk for long distance. i went to Tesco to get Voltrol gel to massage my both legs. i didn't get gel from tesco and i fell down due to my condition when i was going back to my car. i got statement to prove that. i was intending to go to Boots to get that gel, so i parked my car at NCP car park. there was no barrier, so no ticket was issued to me. they have placed the new system in the car park that time for recognising the vehicle's number plate, which i was not aware of and no sufficient information was displayed there. unfortunately, i fell down again and when i was getting out from my car. i was really in pain and i could not walk. there was one old lady, who offered me to assist. i requested her to print the parking ticket. i gave her 60 or 70p. i could not see, when she was printing the ticket because it was long distance between parking machine and my car. she gave the ticket and i didn't check because i was really in pain and placed it on the dashboard. i called my wife to pick me up because i was unable to drive my car. she came within 10-15 minutes. i parked my car there about 20 minutes. i received notice from NCP to pay the discounted charges of £60 after 18 days. i was out of the country, which can be proved, therefore i didn't receive it. Few months letter, i received threatening letters from BW legal to pay the charges of 160. i was advised to ignore the letter, which was my stupidity. i thought, i will not be taken to court, but i received a CCJ letter on 17 July 2018 to settle the claim. i called to BW to settle the claim. i told them, what happened on that day and i was advised, that they cannot do anything at this stage.
i received a CCJ letter first time in my life and i do not know, how strong will be my case, if i defend this claim. could i please have all of your expert opinion to defend this case or should i pay £243, which i don't want to pay and this is unreasonable amount.i got all the doctor letters to prove my health condition.
i will await for all of your expert advice. Thanks for the assistance.
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It doesn't sound to me as you have received a CCJ - County Court Judgment.

    Is it perhaps a Claim Form you have received?

    Terminology is important.

    If it is a Claim Form, you need to refer to post #2 of the NEWBIES FAQ sticky thread for comprehensive guidance on how to deal with it.
  • Save4m
    Save4m Posts: 9 Forumite
    Hi Keithp,
    Thanks for your reply.
    Indeed I have received claim form. An apology, not to make it clear in the post.
    I can send the request in order to defend this claim online, but I'm not sure, how strong is my defence, based on my scenario. Thanks for your assistance.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Do the acknowledgement ANYWAY
    This buys you time for YOU to work out if you think YOU can defend this.

    Given you have a protected char. under the Equality Act 2010, you havea pretty good chance, and could indeed coutner claim against them if you wished

    BUT FIRST get that acknowledgement done. You then have THIRTY THREE DAYS from DATE OF ISSUE of the c laim form to get the defence into the court.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The first thing you need to do is the Acknowledgement of Service.
    This buys you an extra fourteen day in which to prepare your Defence.

    The is a pictorial dropbox file linked from that post I mentioned earlier which describes exactly how to do the AoS.

    What is the Date of Issue on your Claim Form?
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    My concern is that, if the form was received on the 17th, it was likely generated on the 15th or so, meaning they may already be out of time

    OP - you MUST MUST MUST acknowledge this claim NOW. IMMEDIATELY.
    If the claimant moves for a default - because you havent responded in time - YOU LOSE. No ifs, buts or maybes. YOU LOSE. So you MUST do this.
  • Save4m
    Save4m Posts: 9 Forumite
    Hi Everyone,
    Thanks for the advice and information.
    I called to helpline and I have to respond by 6th August. I'm going to acknowledge the claim now.
    I have not applied for blue badge so can I eligible to defend this claim under the equality act 2010?
    Thanks everyone again for the expert advice.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Again I ask...
    KeithP wrote: »
    What is the Date of Issue on your Claim Form?
  • Save4m
    Save4m Posts: 9 Forumite
    Sorry, I received a letter on 17th July and I was told by customer service, the date of issue of the claim was 23 July.
    Thanks
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    It cannot possibly be that way round

    Just look at your claim form
    It will have a DATE OF ISSUE printed really clearly on it.
    Tell us that date of issue. We did not ask when you received it.

    Have you now acknowledged the claim? Yes or No

    If blue badge had been relevant we would have said. Equality Act 2010 applies to ANYONE eligbie, blue badge or not.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Still not very clear.

    I don't understand how can the claim be issued after you received it.

    Do you have a Claim Form issued by The County Court Business Centre?

    What is printed in this highlighted box?...

    2m6u5js.jpg
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