Help! - Excel Parking Service Ltd - Couny Court Buisiness Centre - pending CCJ

Mido74

My Mother was driving my car at the time of receiving this ticket (she acknowledged this to the company) yet I am still being pursued. Please see notes below:
- Mum  denies she was parked illegally in their 'chargeable' bays -  she is a Blue Badge holder and as such knows exactly where she can and cannot park. 
- The land she parked on is half free parking, and half covered by Excel Parking Services, and the signage is not clear for either area, there are disabled only parking bays.
- I asked Excel for proof of the contravention as I was not the person driving the vehicle so obviously exercised my rights to in the form of requesting an evidence pack or similar (usually contains photos/evidence from machine/copy of ticket issued - all should be dated and time stamped etc) Nothing was sent.
.- Passed on to various debt collection agencies, all of which I contacted by telephone to request evidence pack. Each time I was told they would instruct their client, but still no evidence was sent to uphold their claim.
- Now I have received notice of a CCJ from County Court Business Centre, Amount claimed £160, court fee £25, legal rep £50 = TOTAL £235

Is it too late to request this be set aside? If not, how do I do this?
I have acted reasonably, informing them of the true driver of the vehicle, and requesting the evidence pack at each stage (from dealing with Excel in the first instance, then every debt collector agency they used after this) I cant afford to pay, and don't feel I should have too without evidence that there was a real contravention. Also, legally is it my fine or the person who was driving?

Thanks for any help offered!

Le_Kirk

In amongst all those letters from debt collectors, was there a Letter Before Claim (LoC/LBa/LBC/LBCCC) and a claim from form Northampton CCBC?  Did you ignore them?  Have you moved address and failed to inform DVLA?  How are you surprised at receiving a CCJ?  Is it actually a CCJ or is it the claim form?  If it really is a CCJ, is there time to pay it before the deadline that was set in the letter?  Do you want to pay it or do you want to apply for a set-aside?

D_P_Dance

- Now I have received notice of a CCJ from County Court Business Centre, ...  TOTAL £235

This will contain several unlawful amounts, read this

https://forums.moneysavingexpert.com/discussion/comment/75937581#Comment_75937581

If they have used a solicitor complain about them to the SRA

https://www.sra.org.uk/

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.

nosferatu1001

OP, in your muddled account some more facts are needed
1) Did you give the FULL NAME and FULL ADDRESS for the driver? Yes or No. 
If NO then of course they can still chase you
2) A blue badge has literally zero inherent meaning on private land, as the booklet explicitly states. So, entirely possible your mum was in the wrong, but of course not to the amount they claim
3) EXcel do NOT meet the POFA requirements, from memory, to hold ht ekeeper liable. At minimum they do not meet the requirements to name the period after which the keeper becomes liable correctly - they state 28 days from day after issue, whe nit is 28 days from day after the notice is *given*, meaning received by the Keeper. This robs you of a few days and so is therefore not in the slightest compliant. Check for yourself, POFA2012 schedule 4 para 9 - read and check it against your NTK
4) You cannot "set aside" this if you have a LIVE claim. Set aside is for a JUDGED claim. You havent gotten a judgement yet have you?! It sounds like you just have a CLAIM FORM. So, if you DO have a claim form, DONT use CCJ. CCJ is *judgement*, ie after its been to court.
5) If you have got a claim form, then tell us
a) date of issue
b) whether you acknowledged the claim or not
c) if you havent, then follow the PRECISE instructions in the newbies thread and do so, no earlier than 5 calendar days from DATE OF ISSUE
6) Legally it is YOUR claim to defend. its never ever been a fine. If you fail to defend, or HAVE failed to defend, then guess wha t- its your problem now, and your wrecked credit if you fail to pay within 1 month.