Double CCJ discovered...

Umkomaas

Why don’t you ask here:

https://www.nationaldebtline.org/EW/factsheets/Pages/howtosetasideacountycourtjudgment/settingasideaccj.aspx

They have a live chat-line where you should be able to get dynamic response. They are the experts. We are a parking forum, not a legal forum, and your case is well beyond the scope of most of us.

KeithP

parkingplonker wrote: »

Or can I take it to my local County Court and file it there and pay the fee there and then?

That is exactly what you do.

henrik777

KeithP wrote: »

That is exactly what you do.

Or pay by card over phone and send by email.

Coupon-mad

Do I have to send them to the original issuing court (Nottingham)

Nottingham? Are you sure?

parkingplonker

Coupon-mad wrote: »

Nottingham? Are you sure?

Northampton even! Thanks!!

Anyway, I will be taking my completed forms to my local courts today to hopefully get it all sent off. Thank all for the help so far :beer:

parkingplonker

Coupon-mad wrote: »

Here's a re-hash of a response that another poster wrote when BW Legal did this to someone, where they were offering a 'discount' to settle it (same with you?):


Dear BW Legal,

WITHOUT PREJUDICE SAVE AS TO COSTS

I have received your letter dated xx/xx/xx where you allege that "on 07 February 2017 our client obtained a county court judgement against you under number xxxxxxxx". However, I have just checked Registry Trust online, and there are no CCJs from February 2017 recorded against my name.

I can only conclude that this is at best an abuse of process, or at worst a criminal scam, on your part. The fact that you are offering a 40% ‘discount’ is further evidence that this allegation is bogus. I was already aware that the pondlife solicitors who act for private parking companies employ dubious and deceitful tactics, but to attempt to extort monies by using the threat of a non-existent Judgment, reaches new depths of utterly unacceptable behaviour, and directly contravenes the SRA Code of Conduct.

By processing my data in this unlawful way, you have acted in breach of the Data Protection Act 2018. In the alternative, your actions cross the threshold of harassment, pursuant to Section 1(1)(a) and (b) of the Protection from Harassment Act 1997.

I am now contemplating legal proceedings against BW Legal Services Limited T/A BW Legal under either, or both, of the above causes of action, unless I receive a compensatory payment from you in the sum of £750 to settle the matter.

Your remittance must be received within 14 days of this letter, failing which proceedings will be issued in the County Court without further reference to yourselves. A Judgment against you may have a detrimental effect on your company’s credit rating, and you may also incur further costs for court fees, interest, and enforcement by High Court Enforcement Officers, with powers to force entry to your business premises and seize company assets.

If you are unsure as to how to respond to this letter, I suggest that you seek advice at your local Citizens' Advice Bureau as soon as possible.


Yours faithfully,

After sending bw legal an email using this as a template, I had this response.....

Good Morning
Before we are able to reply we need you to confirm a few Data Protection Questions which we have specified below.
If your email does not contain the below information, we kindly request you resend your email with the required information to enable us to deal with your query effectively.
BW Legal Reference:
Full Name:
First Line of Address:
Postcode:
Telephone Contact Number:
Authorised Email address:
Confirmation you wish for us to correspond with you via this address (Yes/No):

My question is.... should I respond to this at all? Bear in mind that this was regarding the scam letter that they sent to me about a non existent CCJ! For this reason I am not keen to give them any more information.

Also, I have my set aside hearing on the 07/11/19 :T

beamerguy

BW Legal Reference: <<<<YES
Full Name: >>>YES
First Line of Address: >>>YES
Postcode: >>>> YES
Telephone Contact Number: >>>> NO
Authorised Email address: >>> YES a throw-a-way

No phone number as BWLEgal with pester you, they are phone scammers.

Create a new google email which you can disgard later

parkingplonker

So, I have my set aside hearing tomorrow and I am feeling a little nervous!

I am basically using the facts that millennium (via bw legal) sent me a letter which turned out to be a scam letter but alerted me to an actual CCJ on my record that was unknown to me also from millennium!

I have the parking prankster blog referring to the governments review into parking companies exploiting the legal system, and a copy of POFA schedule 4.

I have not received any reply from bw legal or millennium regarding the original offence or the set aside hearing, so its difficult to defend something that I don't have details on!

I am trying to view it as my opportunity to defend myself against a very unreasonable charge in front of the judge, but its nerve wracking!

Coupon-mad

its difficult to defend something that I don't have details on!

That's OK; it is not a defence hearing. That's not what the Judge needs to be satisfied about, to set aside a CCJ.

It is not the time to defend the claim itself (unless the Judge asks a bit about your planned defence, as an aside).

Search the forum for these keywords and read more then a couple of the results:

Judge satisfied set aside

You get stuff like this telling you what a Judge needs to be 'satisfied'about to grant a set aside:

https://forums.moneysavingexpert.com/showthread.php?p=75835692#post75835692

But do NOT forget to ask for your costs to be ORDERED TO BE PAID BY THE CLAIMANT BACK TO YOU, or failing that, RESERVED, as this person forgot:

https://forums.moneysavingexpert.com/showthread.php?p=76463014#post76463014

Set asides are not cheap so you want your costs back from the PPC in the end, so if the Judge will not agree to ORDER that the £255 is refunded, instead ask that the costs be reserved.

parkingplonker

So I had my set aside hearing today and after a delay due to an admisnistrive error on the courts part (the case wasn't listed for today with them) we eventually got underway with a judge that luckily happened to be available to hear the case on very short notice. Nobody from millennium/bw legal showed up. In a brief summary of what happened he :

* Agreed to set aside the ccj as he believed me when questioning me about not receiving any correspondance from the claimant regarding the incident
* both myself and the claimant have 14 days to submit our defence
* he refused to award me the costs of the set aside as he said the claimant does have the bones of a defence (I'll elaborate on that below). He did however reserve the costs until the defence hearing.

He questioned me a lot on how long I have lived at my property (9 years) and asked to see my driving licence. He could see that my licence was updated in 2012 and has the same (current) address on there. He said this was a perculiar case as my address has not changed in a considerable amount of time, whereas most cases like this there had been a change of address at some point causing confusion. I agreed with this.

He then asked if I was the owner of the vehicle xxxxxx at the time, I said yes. Then he asked if I had received a letter from the claimant dated 01/11/2019 with picture evidence of the pcn on the vehicle (and he showed me the pictures). I said no I hadn't received anything from the claimant whatsoever regarding the claim and that was the first time I had seen any evidence of the incident. He again seemed surprised and I thought this was looking good that again they had shown a lack of effort in contacting me. He then went onto summoning up the draft order as mentioned above about setting the claim aside.

He did mention that my defence must be a bit better on proving some of my points, but wouldn't go into detail as he isn't allowed to 'advise'. He said that because of the photo evidence that he believes millennium have 'the bones' of a defence. I did say that surely the burden of proof is on the claimant to prove that I was the driver at the time, and that they have made a considerable effort to contact me regarding the charges according to the bpa code of practice. He said yes it was but they also do have evidence an offence has taken place and that it is down to me to defend it properly.

I pointed out to him that I found it totally unreasonable that the only reason I had been made aware of any of this matter was because the claimant had sent me a scam letter regarding another CCJ which made me to a trust online check, which showed no such CCJ but another that I didn't know of (the one in question today) I don't think he did realise this (he took the case at the last minute remember) but still said they had a case to bring to a defence.

Overall I'm pretty pleased with how it went and how I handled myself in a nerve wracking situation. He was a nice judge to deal with and seemed very approachable. I really pushed and hoped he would award me the court fees,especially when I pointed out the scam letter, but I am satisfied with the reserve of costs.

Thank you so so much for everyone's advice, I'd be lost without it. Now...... onto the defence!!!