CCJ Set Aside help: BW Legal for National Car Parks

VinylKiller

Hi Folks

A claim was issued against me as registered keeper of my vehicle on 21/12/18 and a CCJ was subsequently issued against me on 15/01/19.

This relates to "Defendant was allowed 28 days from the PCN date to pay the PCN, but failed to do so". As far as I'm concerned there has been little detail provided of the alleged contravention in order for there to be a legitimate claim to be made through court, but I foolishly put the papers down to look at another time and missed the due date (to dispute or defend the claim to the alleged offence).

The only option I wish to consider is to apply for the CCJ to be set aside but I don't know how to build a case to do so.

I had binned earlier paperwork that alleged the driver had underpaid for a stay in an NCP car park, with photos of vehicle provided, and times entered and exiting, but no indication of time underpaid.

Can anybody help?

[Deleted User]

Ok you are just over a month on. I'd get in the application this week. Your duty is to act promptly.

Your difficulty is that you had all the papers (pre action and otherwise) you've just been a bit rubbish.

The plan must be to liaise with the parking company about a consent order. You agree to pay the fees and their costs promptly and in return they agree to set aside the judgment. It's not a great solution but clears the judgment fastest. Examples are to be found on the forum

If you want to fight, you'll need good witness evidence as to why/how documents were misplaced over Christmas. Were you away? And proof that the claim is defensible in the form of a draft defence.

The_Deep

"Defendant was allowed 28 days from the PCN date to pay the PCN, but failed to do so … "but I foolishly put the papers down to look at another time and missed the due date" … "I had binned earlier paperwork".

Personally, I would not fight this, a judge might well take the view that you brought the CJ upon yourself. I would follow Jonnersh's advice above and be more careful how I deal with important paperwork in future. However, I would complain to my MP about these scammers preying on motorists.

The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.

nosferatu1001

Indeed, you dont really have a choice here. You cannot ignore - what you did - court papers and expect itto come out well, and then ignore FOR A MONTH a court judgement against you that you shoud have just paid.

Your ONLY hope to repair your credit file is to
1) Liaise with BW to see if they will agree to a consent order. YOU WILL agree to pay the CCJ in full, no arguments, pay the application cost (£100) and draft the consent order. THey may want - as its BW Legal they WILL want - another amount on top for handling the paperwork
2) Remember you are in a stupidly weak position; they have a CCJ against you they can enforce at ANY TIME. Youre essetnially asking for a "favour"
3) Get your consent order sorted, N244 completed and the witness statement, and send off to the court
Hopefully tehy rubberstamp it
If they refuse it, as a credit repair exercise, tough.

Coupon-mad

Any medical or bereavement or similarly compelling reason why you might have needed longer to respond to scary letters like a court claim?

Set aside with consent might be best.

VinylKiller

Thanks all for your advice, I appreciate you taking the time to reply.

I'm taking it on the chin...I've requested a consent order (or "tomlin order" in my case) as this could have a negative impact on my employment.

Awaiting response - will keep this thread updated so others who may find themselves in my position can see how this pans out!