Little help on a PCN / CCJ - BW LEGAL!!

MichaelAndrew

Hi Guys,

I'm sorry if i'm posting something that i shouldn't be but i was wondering if i could please ask for some advice off people.

I've tried to find a solution but unable to get anything.

So, I had a company car last year - July time, I worked for a car company which our demo cars were actively used.

I received 2 letters from Northampton CCBC regarding 2 contraventions submitted by BW Legal this was August this year i got them, The place i parked was managed by NCP in Doncaster Laithgate, I believe this is privately owned land and not actually owned by NCP.

They sent me 2 CCJs for both roughly £250 each totalling £500. Obviously when i got them i panicked and set up some kind of payment plan but i had been reading the forums here and i'm not sure if i should even be paying them,

One of the supposed contraventions i don't recall and as i have now left the company i can't find if i was in the car or not at the time. With it being a year ago my memory is a little vague. The other one i got a letter through regarding this from NCP and my back plate was completely flashed out and white i disputed it and heard nothing back then got the 2 letters from BW legal.

Is there anyway around this or do i have to bite the bullet and pay them both?

Little bit more information, I actually rang BW legal asking for a SAR Request and they completely declined and said i have to put it in my appeal to NCCBC, I'm sure this is wrong?

Thanks for your advise and again sorry if i shouldn't have posted.

waamo

Is it an actual ccj you have got or was it just the threat of one? Coming from Northampton I strongly suspect it's a proper ccj.

If it is you need to pay what you agreed. Your credit file is probably trashed. Have you seen your credit score?

MichaelAndrew

It is an actual CCJ yes,

But why should i pay £250 for something when i wasn't even driving the car in one of them? That's my query.

It's not gone onto my credit file yet.

KeithP

I'm stiil not sure exactly what you have received from the County Court Business Centre.

You tell us "I received 2 letters from Northampton CCBC regarding 2 contraventions submitted by BW Legal this was August this year i got them...".
Then say "It's not gone onto my credit file yet".

I would suggest that if you received CCJs back in August then they would be showing on your credit file by now.

The letters from the CCBC... were they headed Claim Form, or were they headed Judgment for Claimant (in default), or was it something else?

waamo

MichaelAndrew wrote: »

But why should i pay £250 for something when i wasn't even driving the car in one of them? That's my query.

As above what is the name on the form?

You have a ccj and need to pay it because you either failed to defend it or the defence was so poor you lost.

Only you can tell us why you got a ccj.

Pirate_Parker

Having created a payment plan you have agreed that their claim is true and you accept liability so suddenly finding a way to not pay not would be incredibly difficult.

As for the S.A.R you made, being denied the request is illegal. BW Legal had an obligation to honor the S.A.R whether it is made verbally or otherwise. You do not need to appeal to make one, thje have your data, you have a right of access, end of disucssion... report them to the IPO and figure out if their denying your request could be considered new evidence to get this agreement thrown out as your court case may have been prejudiced as a result of not having this information. Making a written S.A.R is better as it proves the date of request if you ever needed it though so in future send the company an e-mail as you'll always have a record of it in your sent box.

MichaelAndrew

Hi,

My apologies.

The 2 letters i got are the blue ish ones coming from Northampton CCBC themselves regarding the contraventions, so this may be just before it goes to CCJ, On them it was me to give a defense or pay the proposed amounts.

I believe if i don't pay anything then it will go through to a CCJ?

I'm sorry i'm vague i've never been through this before.

Pirate, I have sent a complaint off with the ICO regarding them denying my SAR timestamped on email too so hopefully this goes through to them with a nice gravity.

MichaelAndrew

The letters from the CCBC... were they headed Claim Form, or were they headed Judgment for Claimant (in default), or was it something else?

I need to check, I'm currently at work but i can have a look when i get home.

Pirate_Parker

If you can, get every letter/document you have and put them in chronological date order starting with the notice to driver (the ticket that was put on the window)

You should have Notice to Driver, Notice to Keeper, reminder letters, debt collector letters (possibly), solicitors letters (possibly), Letter Before Claim, then any documents from the court itself.

If no judgement has been issued then there's still a fight left which is good. If a judgement has been made then it'll get tricky. A CCJ only happens once a court hearing has been heard so do not use this term unless you have either been to court and lost, or failed to attend court when instructed and had a default judgement against you.

If you have not been to court this forum can help you put together a defence.

Edit: If you have not had a judgement on this case we can help you with a defence*

KeithP

Pirate_Parker wrote: »

If you have not been to court this forum can help you put together a defence.

Edit: If you have not had a judgement on this case we can help you with a defence*

Unless of course the poster has agreed a payment plan with the Claimant such that the Claim was withdrawn.

Either way, it will be difficult to defend a claim issued last August.

MichaelAndrew

Thankyou, When i go home i'll sort them all out.

I thought it might be as easy as responding i wasn't in the car, prove me otherwise as all my previous employment has is a Excel document with like a demo log and that can be changed :T