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HELP! BW Legal / Parking Awareness Court Claim
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Hi please help on this one as I am a little concerned. I received a response back from my MP saying they’ve forward it to the relevant people but the talks where held on the 12th?
anyway I’ve since had a response from the CCBC which reads:I write in response to your complaint received here on 13 October 2020.
I am sorry to hear that your unhappy and have found the events surrounding the claim against you stressful.
Explanation
Having reviewed your complaint, you have made several allegations and feel that a procedural error has occurred within the County Court Business Centre (CCBC). I would like to take the opportunity to explain what has happened.
I have checked the case file and case management system and found the following information below.
You are correct the case was issued in 2018 and after you filed your defence on 29 October 2018, with no response from the Claimant the case was stayed on 03 December 2018. You called our court helpdesk on 05 December 2018 and were advised by the call agent that the case was now stayed.
On 08 September 2020 following a General Directions Order, the Stay was lifted and Directions Questionnaire (DQ) were issued. You called our court helpdesk on 16 September 2020 and the call agent advised you that the Claimant applied to lift stay to proceed with the claim.
There have been no procedural errors made by CCBC as the decision was not made by CCBC. On the 08 September 2020, before Deputy District Judge Goodwin approved the application to lift the stay. Your concerns relating to the CCJ been entered against you. If a payment is made to the Claimant directly, this would prevent a Judgment been entered against you. I have provided their information below;My problem now is why are CCBC encouraging me to pay the claimant when it hasn’t gone to court? I’ve submitted my DQ and followed everything they’ve asked me to do so why would I have to pay anything? And what are the referring to the CCJ made against me? What CCJ? I tried phoning them today but I was position 42 in the queue with a 40min wait time!!! Can someone please shed light on this what do I do next? Stressing a little?
Thanks in advance
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Email them back and ask why the CCBC is suggesting that a victim of a parking firm scam should pay the scammer, when there is no CCJ and you have completed the DQ and returned it. Ask also why a decision to open what seems to be perhaps a hundred(who knows?) reported 2 year old scam parking claims was made by a Deputy District Judge who waved it all through because 'they paid the fee and filled in a form'.
Why has there been NO EFFORT WHATSOEVER to require the robo-claim solicitors to establish the current addresses of the victims?
Ask whether DDJs will be repeating the same naive stuff in 5, 10, or even 20 years time. Does the CCBC have no issue with this, no matter how stale the claim or how rogue the parking firms are - has all this really gone over their heads despite the numbers?
Tell them you want the complaint escalated to a District or Circuit Judge to review, especially given that now is the time that the rogue industry is about to be clamped down on by the MHCLG, does the CCBC have no idea of the level of scam they are supporting?
Then send a copy of this email trail to:
- the RAC
- the AA
- Sir Greg Knight
- your MP
- national newspapers of your choicePRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top or bottom of any page where it says:
Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD4 -
Add Trading Standards to that listiYou never know how far you can go until you go too far.0
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Sorry @Coupon-mad I think in my haste yesterday I missed off some of the email - Here is the rest of it which was written under the claimants address that the court provided when saying about payment:
You have raised in your complaint that no steps were taken to re-check your address, the responsibility is not CCBC to check, it's the responsibility of the Claimant. If you remain unhappy about this matter you will need to contact the claimant directly to discuss. I can see that you have provided new address details on 16 September 2020.There is no time limit as to how long a claim remains valid if it becomes stayed. If an application is filed and a Judge approves it then the stay can be lifted, It's a judicial decision.
We only handle the administration for courts. We're always impartial and we don't have any influence over a judge's decision. So, I can't comment on or review their decision for you.
If you'd like to appeal the judge's decision
You could consider appealing, to do this you need to submit the following:
- N244 Application Form
- £100 fee or EX160 Help with Fee's application form
You can download the forms at www.gov.uk/court-and-tribunal-forms.We recommend getting legal advice and checking your options first.
You can:
- get free, impartial advice from your local Citizen's Advice office
- call Civil Legal Advice on 0345 345 4 345 - they'll be able to help you find advice services in your area.
Please note: Applications are not automatically granted. The outcome of your application is at the discretion of a Deputy District Judge (DDJ) or a court appointed Legal Advisor (LA).
Update on case
I can see that all parties have now filed Direction Questionnaire (DQ) and on <date> the case has been transferred to the County Court at <location>. As we currently no longer hold this case at the CCBC, should you require any information you will need to contact them directly. I have provided the contact details below.
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Just for clarity this is the original email I have sent to them about the complaint:
Dear Sirs,
This is a formal complaint and I wish that this letter to be put before a Judge, please.
I believe a serious procedural error has occurred within the CCBC and it affects dozens of consumer Defendants at a time when they are very likely to end up with a default CCJ as a direct result of the CCBC's actions.
It appears that several 2016 (long since stayed) 'unfair parking charge' inflated claims have been reinstated by the CCBC and mine is one of them. Unfortunately for me I had moved in the last 3 years but luckily for me I was notified of the directions questionnaire by my previous landlord.
The case was stayed in 2018. How can it be resurrected with no checks, now? I believe this has either happened:
(a) in error by the CCBC
(b) as a result of a letter from a robo-claim solicitor, whose clients have taken no steps to re-check Defendant addresses.
In either case, it seems unlikely that the robo-claim solicitors have paid the requisite court fee or filed N244 applications to lift each and every stay. Please correct me if I am wrong because I am struggling to understand how the CCBC can do this.
Even if the Claimants have applied and paid all fees applicable (£100 per claim), I object to the CCBC's decision to allow this, on the basis that this is likely to cause CCJs and offends against justice.
At the very least, claims that are statute barred should have been excluded and the applicants should have had case management Directions requiring them to firstly supply evidence that the Defendants' addresses have been checked in 2020. The Claimants must be held to account, to ensure that Defendants who have moved are not all about to lose by default.
I remind the CCBC that the Government is still extremely concerned about the level of default CCJs and this action is likely to cause more. Not only was there a review of processes, but the MHCLG are currently offering a public consultation about private parking charges which makes it clear that they are very concerned about the level of claims and CCJs, so this - plus the fact that we are in the middle of pandemic - makes it an wholly inappropriate time for the CCBC to resurrect 2018 claims from rogue Claimants, knowing the Defendants are likely not to be able to respond in all cases.
Surely you are not going to support a rogue industry to inflict default CCJs on all the Defendants, who can't return their DQ after this two year delay? Where will this end? Are parking company Defendants likely to see claims resurrected ten or twenty years in the future?
I am not in a financial position to throw £100 at an application to object to the Order the CCBC sent me. What I want to know is, what has happened and has the Claimant made such an application after all this time, or is this a procedural error by the CCBC?
I am copying in my MP associated with my residential address <MP Details> and will urge them to take this up with the MHCLG, who are currently consulting about the parking industry and who I am sure, will be alarmed to learn that archive cases (even some that are statute barred) are being resurrected without so much as an address check or (possibly) not even a fee being paid by the rogue industry to achieve this monumental feat, without a Judge even looking at the situation.
This was just a copy and paste job from one posted on here as I have no real idea what this all is sorry.
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So if they have received DQ from both parties and it's been transferred to your local court , that is standard practice and you await contact from that court
The issues regarding the lifting of the stay are separate to the usual process
Ensure that all parties involved have your current address , with proof2 -
Redx said:So if they have received DQ from both parties and it's been transferred to your local court , that is standard practice and you await contact from that court
The issues regarding the lifting of the stay are separate to the usual process
But if they have received the DQ why would they be encouraging me to pay the claimant and be referring to a CCJ made against me if there isn't a CCJ made against me because it hasn't been to court?
I may be getting muddled up with all this - very stressed out this end with work and a lot of other things going on so it could just be me but I am hoping someone can help here shed some clarity.0 -
You would have to ask them , they don't come on here with explanations , hence the advice you were given on your half a story , half an email , the crux of which is that bottom paragraph !!
That bottom paragraph tells me they sent it to the location court , presumably your nominated court
The rest is admin and separate to the progression of a normal claim
Martin Lewis would tell you to consult a lawyer for legal advice , I would agree with him
From that email it seems to me you can pay the full amount to get rid of the claim (not recommended) , or pay for a review of the lifting of the stay , or let it run its course by your local court
I suspect they used a template and did not edit it correctly
If it's gone to your local nominated court ( check with the local court if it's been received ) then you wait for them to contact you by post0 -
Redx said:You would have to ask them , they don't come on here with explanations , hence the advice you were given on your half a story , half an email , the crux of which is that bottom paragraph !!
That bottom paragraph tells me they sent it to the location court , presumably your nominated court
The rest is admin and separate to the progression of a normal claim
Martin Lewis would tell you to consult a lawyer for legal advice , I would agree with him
From that email it seems to me you can pay the full amount to get rid of the claim (not recommended) , or pay for a review of the lifting of the stay , or let it run its course by your local court
I suspect they used a template and did not edit it correctly
So last question then if you don't mind - would you just leave this now to run through the process of the courts sticking to my defense and see what happens? or should I also be forwarding this on to the sources mentioned above?
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There is no S in defence ( pedantic I know )
I would do what I said , check with the court if the paperwork has arrived ? Yes or no ?
If yes , it's your choice , you either complain about the stay being lifted by paying out money and filling in a form to do so , or not
I suspect that it would be like Canute complaining about the sea coming in at the Wash
I am not convinced you could put your case in simple terms given your knee jerk reactions to that reply , or to list the issues correctly
There is more work to do than the Defence and DQ you filed , you have more work to do , explained in the newbies FAQ sticky thread0
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