CCJ set aside, NHS parking fine

TyrionN

Hello everyone,

I really appreciate any advice and I have read the newbie thread so have an idea where to start, but would just like to seek clarification before I take any action as this PCN was issued by an NHS trust.

I moved house in November 2018, post redirected for 6 months post move. Credit file was 900+ until I checked today and it’s plummeted to 600 due to a CCJ registered in August 2019! It appears that an NHS trust has issued a CCJ against me as a result of a windscreen parking notice Being issued whilst the vehicle I was registered Keeper of was parked on their staff car park. I am the registered keeper but most definitely was not the driver!

The first I knew of this fine was when I today discovered the CCJ and contacted the court to see what it was about, I have rang the solicitors and promptly paid the amount £170, I recognise I acted in haste but I panicked as the driver didn’t inform me of this PCN. They say they sent four letters to my former address prior to issue of proceedings, apparently these were sent from 2016 when the PCN was issued.

I would like to set this judgement aside as My once perfect credit file is now destroyed, I am not responsible for this PCN and finally I never received any court documents, in fact the solicitors today confirmed that they received some of their correspondence back to them with the note ‘return to sender’.

Am I right to complete the N244 application and pay my fee on the basis that they can’t assume the keeper is the driver and also that I didn’t receive the court papers?

Thanks very much in advance.

Coupon-mad

The trouble is with this, you paid them. Pointless (and a stupidly inflated sum) as you discovered, and it does not repair the scammer-damage to your credit rating. I realise you know that now, but it puts us in difficulty as this is not how we do things.

Whether or not a Judge will see your payment as an admission of liability I am not sure, and I am not sure how it might affect a set aside application which would have been a shoo-in. A mandatory set aside was awaiting you if they failed to serve it to the address that they had reasonably ascertained was your correct address for service.

If you were staff then maybe they had your right address all along, in which case they had no excuse to issue a claim to an old address for a staff member whose data they hold up to date.

You may wish to ask this question on Legal Beagles as I can't be sure you can still set aside the CCJ. Henrik777 might know but he doesn't post here daily.

Is the NHS Trust Aintree? I can't think of others who do their own parking scam.

Maybe they will do a set aside 'with consent'. Costs you £100 court fee. You'd have to ask the solicitors and your £170 is already down the drain.

TyrionN

Oh no, I realise it may have been a mistake but I was under pressure and panicked as I was thinking I would be able to get it removed from my credit file quicker!

It was Bolton NHS FT ��

Could it not be explained that it was an error in that having spoken with the claimants solicitors I felt under pressure and thought it would help to remove it? Sort of very naive I know but I’m not a legal person! But I can prove I was not the driver if that helps

TyrionN

How does the set aside with consent work please?

Coupon-mad

It's explained in the NEWBIES FAQs thread (post #2 of it) section on set asides, I'm sure.

Ralph-y

try searching for set aside with consent I am sure it will bring up plenty



HOW TO USE THE FORUM SEARCH FUNCTION:

Use the Forum Jump button (one near the top and one near the bottom of this page) to get back to the forum thread list. Just above the threads, on the right, is a heading along a line, next to forum tools, called 'Search this Forum'. Put your key word(s) in and change the default search from 'Show Threads' to 'Show Posts'.



Ralph:cool:

TyrionN

Thank you, do you think there’s much prospect of success for this?

Coupon-mad

I can prove I was not the driver if that helps

Almost certainly you were ever liable then. I doubt Bolton NHS Trust got their paperwork right in terms of wording in the NTK and the statutory timeline to serve it at the start.

They've wrecked your credit rating over a case where they knew they could (probably, if I am right) only hold a driver liable. I'd be having a robust conversation with their solicitors and suggesting a set aside with consent sharpish or you will sue them for a lot more.

KeithP

Why doesn't the Bolton NHS Foundation Trust feature on the list of members of either the BPA's or IAS's Approved Operator Scheme?

Redx

TyrionN wrote: »

Thank you, do you think there’s much prospect of success for this?

I think that is why you were pointed at Legal Beagles right from the get go, as my signature below mentions, because this isnt a legal aid forum , despite what it being discussed

you have our sympathy , but the legal world doesnt go much on sympathy , its up to how you approach this , the set aside by consent aspect , whther as keeper you are liable under POFA , the paperwok going to the wrong address etc, too many variables

you have been given good advice, but its a complicated topic (which legal issues are simple anyway ? , lol)

good luck

Coupon-mad

KeithP wrote: »

Why doesn't the Bolton NHS Foundation Trust feature on the list of members of either the BPA's or IAS's Approved Operator Scheme?

Dunno!

Maybe they applied as landowners to the DVLA (which is allowed) and are then suing registered keepers, even though they know some will not have been driving, and knowing that they can't hold keepers liable because they haven't a clue* how to word a NTK as per the POFA.

*Probably.

Ask the solicitors about a set aside with consent and also - at the same time -send a SAR to the NHS Trust's DPO, asking for copies of all data held relating to this car & this PCN claim (not your staff membership data) including all letters, PCN, etc.

Then you will know what shaky house of cards they are building these court claims on, to wreck the lives of their staff, visitors, patients and their registered keeper families in one fell swoop.