County Court and Civil Enforcement

loogoo

Hi I was wondering if anyone can offer some advice on what i can re a parking fine.

I parked in a car park local to me in November 2017 paid the parking charge which only covered until 6pm and then after that it is free to park, anyway i parked for 4hrs and 5 minutes in total.

I was not aware and it did not specify that after 6pm the 4hours limit still held.

Anyway i was not notified about this fine until MARCH 2018 - 5 months after i had apparently violated.

I spoke to the car park and they said to just ignore it and they would deal with it. That was in March.

Civil enforcement have continually harassed me for this fine, i have appealed to them directly twice and once through a third party, i have increased it to POPLA but i have not ever received a response to my appeal and now they have taken a CCJ out against me.

What do i do? the law states they have 14 days to notify me and they did not notify for 5 months.

This is stressing me out so much and i can't afford to pay the £279 they are demanding.

Fruitcake

If you have told the scammers who was driving like you have done here, the dates (which you have incorrectly quoted anyway) are irrelevant.

What did you put in your PoPLA appeal, and what did you put in your defence at court? You cannot have a CCJ against you unless this has already been to court and you failed to pay.

nosferatu1001

Be precise

1) do you have a CLAIM FORM or do you have a County Court JUDGEMENT?
2) If claim form, whats the issue date?
3) Did you tell them who drove in the appeal? Yes or No?
4) You likely got an email to your junk email address from POPLA

14 days is entirely irrelevant IF you tolld them who drove.

Quentin

Which law are you quoting?

They had 6 years to pursue you for the alleged debt

If you have now received a CCJ (have you? Or is it a claim or a lbcca), then you get a month from the date of the CCJ to be able to get this removed from the register ( and from your credit record)

So don't let this deadline pass if having this on your record for the next 6 years will be detrimental to you

loogoo

I don;t understand what you mean by incorrectly quoted?

loogoo

TAKEN FROM DAS LAW WEBSITE:

The council failed to follow correct procedures in issuing the PCN
You may be able to avoid a fine if the PCN is incomplete, or if the proper procedures were not followed. For instance, if the Notice to Owner is sent more than six months after the original ticket was issued, rather than the usual 28 days, this will give you strong grounds for appeal.

loogoo

Fruitcake wrote: »

If you have told the scammers who was driving like you have done here, the dates (which you have incorrectly quoted anyway) are irrelevant.

What did you put in your PoPLA appeal, and what did you put in your defence at court? You cannot have a CCJ against you unless this has already been to court and you failed to pay.

They have to notify me within 14 days of a parking violation if it not produced on the day, so they contacted me after 5 months.

I have checked my junk e-mail and had nothing

loogoo

Quentin wrote: »

Which law are you quoting?

They had 6 years to pursue you for the alleged debt

If you have now received a CCJ (have you? Or is it a claim or a lbcca), then you get a month from the date of the CCJ to be able to get this removed from the register ( and from your credit record)

So don't let this deadline pass if having this on your record for the next 6 years will be detrimental to you

They have produced the CCJ 29/10/18 - but i had appealed twice prior to this date directly to civil enforcement and one through a third party who escalated to POPLA. I have heard not a thing from them other than more pursuing letters each time i have appealled.

Quentin

loogoo wrote: »

TAKEN FROM DAS LAW WEBSITE:

The council failed to follow correct procedures in issuing the PCN
You may be able to avoid a fine if the PCN is incomplete, or if the proper procedures were not followed. For instance, if the Notice to Owner is sent more than six months after the original ticket was issued, rather than the usual 28 days, this will give you strong grounds for appeal.

You are quoting the law regarding proper council penalties

Presumably your PCN is a parking charge invoice??

Quentin

loogoo wrote: »

They have produced the CCJ 29/10/18 - but i had appealed twice prior to this date directly to civil enforcement and one through a third party who escalated to POPLA. I have heard not a thing from them other than more pursuing letters each time i have appealled.

So the CCJ is a default CCJ?

If so read up on how to go about getting it set aside.

But are you sure it is a CCJ sent to you by the court??

Quentin

loogoo wrote: »

They have to notify me within 14 days of a parking violation if it not produced on the day, so they contacted me after 5 months.

I have checked my junk e-mail and had nothing

As has already been advised they have 6 years to pursue the driver!