CCJ - Am I stuffed?

Jasper2012

Hi .. I need some advice please?

I have read through t he Newbies etc.. but I can't find anything that corrolates with what's happened to me?

Civil Enforcement Ltd have been trying to force me to pay an unfair PCN for over 18 months. I appealed (wish I hadn't!) but it was rejected - I was surprised as it was ANPR for overstaying at a leisure centre carpark, while I was at a swimming gala with my son. We parked in the disabled bay as my husband is registered disabled with MS but didn't realise we had to enter our registration into a system to commence the 3 hr free parking (I honestly can't remember if we went over the 3 hrs - if we did it was purely because the gala overran - in which case they must have issued 100's of PCNs that night!) .

I appealed to POPLA and it was rejected again.. probably because I didn't use legal jargon (I've no idea what I've done with those letters and am desperately trying to locate them).

After that, I received a number of threatening letters from solicitors etc all of which I ignored... until around the end of October 2018 when I received a Court Summons from the County Court Business centre with an issue date of 1st October! On exactly the same day an identical claim form arrived but attached to the back was the Judgement for Claim dated 24th October (which I've only just seen!)...I thought they were fake as they're not signed and they arrived so much later than the date of issue and they looked like photocopies, as well as the fact they were duplicated. Nothing looked genuine and so I googled Nottingham County Court business centre court where a lot of responses said this was a scam to force payment by scaring them... so I (rather stupidly) ignored it.
I've now checked my credit file and I have a pending CCJ!!! (I looked about a week ago..and nothing was on there!).
Can anyone help me and give me any idea if this is allowed or what I should do??? .. I now have only 4 days to pay this or it sits on my credit file for 6 yrs!!!

Have I any chance of getting a stay and defending this or have I totally screwed up by ignoring the letters and now missing the Court date..? I'm livid that these arrived well after the 1st October and that there were 2 Claim forms of which one had the Judgement.

Please don't be judgmental on ignoring the paperwork, I stressed enough as it is!!

waamo

Ignoring court paperwork gives you a very uphill struggle. You could try to get a set aside at £255 but frankly your chances are slim to none.

That would leave you £255 down and a ccj.

If it is pending then paying promptly will see it expunged from the register. You typically get 28 days to pay.

Jasper2012

Even if the paperwork arrived after the Judgement date? They didn't come separately (although I've no idea how I'd prove this!!!) and why would two claims arrive both with identical details on them? Who sends them?

nosferatu1001

The court sends out the claim form, once the claimant starts the claim on the MCOL online system

You need to URGENTLY call the court and ask why you were sent a claim form AND a judgement (in default? Does it state judgement in default?) at the same time? There must be a minimum of 19 days between the two.

When exactly did you receive these forms?

Never ever belive a random google search like that. Verify back to the purported owner of the document, in this cae the CCBC

You are now either going to have to get them to admit to a mistkae - and they HAVE MADE THEM recently, as you can find out as some people never got sent the form at all - but your account is confusing as dates are missing etc.

You need to do legwork on this and quickly.

What was the date on the "second" claim form, the one that came WITH the judgement in default? EXACTLY the same form, in ALL details including password, issue date, any other unique numbers?

Jasper2012

HI

Yes the dates and claim number were exactly the same on both... The Judgement came with one of them. I didn't get it separately. The first I knew of the Judgement was when CEL wrote to me on 8th November. I checked my credit file and nothing was on there so I assumed it was actually all total rubbish - then I checked last Friday and one is pending!

Yes the Judgement states (in Default). I don't know the exactly dates of receipt as I didn't date stamp them or do anything as I thought they were dubious, to the point that I nearly reported it to the fraud line. I've gone back over my diary and I only had them for approx. two weeks before the letter from CEL - which was just after the date of Judgement.

I'll call the County Court business centre.

Everyone who attended that Gala that night must have been issued a PCN because the gala started at 5.30pm for a warm up and didn't finish until beyond 9.30pm - way beyond the 3 hour maximum time limit!

Jasper2012

I know both claim forms definitely arrived after the Judgement date as it was during half term and tehy both arrived on exactly the same day which was why i thought there was something very wrong about them.

nosferatu1001

You cannot ignore something that looks like a claim form
You always call the appropriate court.

If the CCBC do not accept any error - and a claim form AND judgement in default arriving at the same time MUST be their errror, the only wrinkle is the original form butyou need to be clear that despite it saying 1st october you only RECEIVED It on.... and on .... you got the claimform / judgement letter combo - then you will have two options.
1) Pay up in full before one month. This removes the CCJ
2) Apply for a set aside on the gorunds the forms were not properly served. This will cost £255 for each *judgement* (note: not each form )

waamo

There have been errors made by Northampton recently so you may just be in luck. Call them today.

Putting this off could prove costly even if a mistake has been made.

Jasper2012

Ok so I ring the Court and advise them that I received two claim forms (one of which had the default judgement in) on exactly the same day AFTER the Judgement i.e. 31st October?

What is the likelihood of them admitting a mistake?

KeithP

Jasper2012 wrote: »

What is the likelihood of them admitting a mistake?

That's an impossible question to answer.

I am surprised you even asked it.

Jasper2012

I merely asked in case someone knows whether they can / do admit mistakes.. otherwise it's fruitless going down that route other than to lodge a complaint?