Apparent CCJ and High Court Writ

barefoot01

cannot get hold of Herbie so far  , but left messages and emailed  . 

Spoke to the County Court biz centre and the nice lady explained it was from SCS law on behalf of UKPC and everything had been sent to the old address . 

She suggested I fill in the n244 to set the judgment aside and also to "Stay The Writ" , which i guess means pause the writ of control?

She also suggested i call SCS law to find out more about the charges . I am about to call as the notice of enforcement says i should do something by 4pm today , but just thought  would check that the advice isn't something like "don't call them" 

Thanks 

nosferatu1001

Stay - yes, that would pause it. You also TELL Them when youve filed, as enforcing the writ when they know there is a Set aside in play sets them up for YOU gaining additional costs. THink about it sensibly here. 
Usually - dnot call them
BUt
If you truly know nothing, then as long as you are CAREFUL and DONT tell them who drove, EVER, you should be ok
Just remember - they are not your friend. They will not help you out of the kindness of their heart. They will trick, lie, dissemble. 

twhitehousescat

nosferatu1001 said:

Stay - yes, that would pause it. You also TELL Them when youve filed, as enforcing the writ when they know there is a Set aside in play sets them up for YOU gaining additional costs. THink about it sensibly here. 
Usually - dnot call them
BUt
If you truly know nothing, then as long as you are CAREFUL and DONT tell them who drove, EVER, you should be ok
Just remember - they are not your friend. They will not help you out of the kindness of their heart. They will trick, lie, dissemble. 

did the court tell you the exact amount ? several cases at present where newlyn are sticking noses in though 
it seems hard to believe that a singular parking ticket in county court would exceed £600

£600 minimum limit

Currently the minimum amount that can be transferred to a HCEO is £600 including court cost, but there is no maximum limit. At present anything below the £600 threshold can only be enforce by a CCB, but they, unlike HCEOs, also have an upper limit of £5,000.

At present anything below the £600 threshold can only be enforce by a CCB, 

are the parking co and newlyns being totally honest with you ?

barefoot01

so it turns out it is for 4 parking tickets  , that are 160 each . so 640 total  , then at county court it went to  790  , then got to 900 when passed to marstons and then compliance stage fee of 90 , bringing it to 1000

and apparently another 200 or so if i don't pay today and some one comes to the door later this week 

i ended up speaking to scs law  , who told me some details , then suggested speaking to UKPC direct , i spoke to them and seemed quite nice , but sid it is now with marstons , spoke to marstons who just said pay it or someone will be round . 

i told them i was sending the n244 form to set aside and to stay the writ , and that that should pause the enforcement but they said they would only pause it when the stay of writ was granted . and not before . ie they would continue to send someone round this week even though i have sent of the paperwork . 

they said if i paid today the £1000 then it would get them off my back , and that if i won the set aside i would be able to claim the money back again . PS he said no payment plan 

i said no to paying now  , and lastly went back to the seemingly nice lady at UKPC to see if she could pause it but she said it is with marston now  ,  however she said she though she might be able to do a payment plan over 10 months  , but would call me back 

barefoot01

interestingly UKPC called back and said they could take it back from marstons and do a payment plan , say 10 months  , 100 month , 

i said i suppose i can set payment plan and do setaside and stay of writ at the same time , thinking it would at least get them off my back and only cost 100 rather than 1000  , to claim back later , but she said no you cannot do both ! 

ie you cannot set up a payment plan with UKPC and at the same time apply to county court , as they would end up loosing out if it was set aside ?! that i would have to wait until the end of the 10 month period until i applied for set aside  !  

that sounded a bit fishy to me 

why would they not want me to do both  ?  i guess just trying to get money out of me .

also how would they know if i was applying for setaside and stay of writ at the same time ?

or would they want me to enter into some sort of separate contractual agreement that wouldn't be related to the court case ?

very confusing 

but she did say she could pause it for 48 hours for me to get legal advice ! 

has anyone heard of this situation before . 

many thanks in advance and sorry for the continued postings 

Fruitcake

Getting into an agreement to pay UKPC sounds like a bad idea, especially if they lie (I know, perish the thought) and they don't stop the writ but then enforce the payment plan and you end up with another court claim/CCJ on top of the outstanding grand they claim you owe.

As far as I know, bailiffs cannot force entry but can enter through any unlocked opening. If it was me I would do the N244/whatever legal process you need to start things off and get hold of Sheila at Bailiff Advice Online who also posts on MSE as Herbie 21 (worth a pm).
I would then lock all your doors and windows and don't open them to people you don't know, and park cars/toys/barbecue/bikes, anything of value in the garden, where it can't be accessed by bailiffs.

Note this is only my opinion concerning unfair charges/unfair court judgement/improperly served court documents.

barefoot01

update  - good advice from Sheila at bailiffs advice online  , was to go to nearest county court in person that day , and fill-in the n244 there,  and hand it in saying you needed an emergency stay of writ , as the bailiffs could turn up anytime from that day . and detailing the reasons you knew nothing about the tickets  , or ccj , or high court writ . and they would put it before a judge that day for an answer . 
Result was a call back that afternoon from the court saying they had slapped a stay of writ on it and arranged a hearing for a months time to hear about the set aside . 
So some success at least so far . 
next challenge will be the hearing ! 

nosferatu1001

Yep!
Make sure you tell Marstons AND the claimant company
Have you worked out exactly why you didnt get any notificaiton of this? Old address? Ho wlong between tickets and court action, in terms of months? the longer they waited the better it is for you

D_P_Dance

have you read this?

https://www.telegraph.co.uk/news/uknews/crime/11858473/Parking-firm-UKPC-admits-faking-tickets-to-fine-drivers.html

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

what does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs and work, and in some cases, cancellation.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

Norwich Combined Court

= the worst court we've seen people report back from.  DREADFUL clueless Judges who don't get it.