Court for tickets x 3 for parking at home address

StillSkint

Am I right in thinking they cannot use bailiffs to enforce a ccj for private parking companies?

Coupon-mad

They could but in practice, parking firms do not except in a few cases where the sum is over £600 (High Court Enforcement). And bailiffs can't take YOUR things for a debt relating to your son.

Tell you what, as you have already emailed BW Legal to tell them that your son lives abroad and has not been served with the claim, which has arrived at your house and caused you alarm, why not follow that email up?

Assuming they have been silent and not replied, tell them by email that now that they and the courts know that this claim was not properly served, if they proceed to obtain judgment by default and try to enforce a CCJ by sending letters or agents to your house, despite knowing xxxx xxxxx does not live there, you will charge BW Legal £25 per letter and £100 per bailiff visit and will sue them if they try, on the basis that they are misusing address data that they know is not the address for service of xxxx xxxxx and are aware that they are harassing his family. This is contrary to the data protection principles and the GDPR and you will also report them to the Information Commissioner if they continue to refuse to erase your address from their databases.

Finish by saying that their conduct will be the agreement to your terms of charge.

StillSkint

Will put together a letter to them so they are in no doubt that my son is not at this address, if they want to waste their time and money they can carry on.

Not heard anything about the other three yet.

StillSkint

I’ve got the week off work, was sat on my balcony and watched the Armtrac “operative” dish out two tickets to cars in numbered bays without a permit. He was taking pictures for evidence on a mobile phone!!?? How secure is that re time/date? I have sat here taking pictures of him taking pictures :rotfl:

StillSkint

Letter from BW Legal today saying they are going ahead with my sons claim, no news about the three claims we have defended. I have now spoken to my son a week ago on the phone and told him, and he has said he has the same defence as my partner as it was for the same issue, and believes is very defendable as the signage makes no mention of a £100 penalty for parking in a visitor bay, and visitor bays are not mentioned on the main signage. Is it appropriate for him to email that defence in, obvs with his details, rather than get a ccj for that inflated amount by default? He still has time to submit a defence.

Coupon-mad

Yes if he still has time to put in a signed & dated full defence then he should do that, and also include the fact he lives abroad and that his costs to attend a hearing will include travel.

Make sure he knows how to set it out in terms of headings and statement of truth, and not to write a weak few sentences in his own words - and where to email it to.

StillSkint

I have told him to log onto his email at an Internet cafe tomorrow as he is going. To be in Sydney so need to send it tonight to him if this could be an option.

Coupon-mad

How is he going to print & sign it and scan it to attach to an email?

StillSkint

He will use the same defence as my partner as it is for the same parking “offence” with some amendments.

StillSkint

He said he can open it in word, insert a scan of his signature and save it as a pdf. I will send him the word document of my partner’s defence to amend.