Judgement for claimant (in default) letter

Sobi80

Hi all, just looking for some advice/support. 

Around last April I needed to take a work call so parked in a random car park so that I could take notes. I work as a social worker and was dealing with an urgent matter at the time, which required my full attention. It was dark and I never left my car so did not realise this was a paid car park. A few weeks later I received a letter from Parking Eye. I incorrectly followed the advice from a few years ago and ignored this and the subsequent letters that followed.  PE eventually stopped writing to me - the last letter was probably sent June/July time. 

Yesterday I have received a ‘judgement for claimant (in default)’ letter from the county court demanding a payment of £200 within a month or I’ll be given a CCJ. I was prepared to pay this but have since learnt that I should have been sent another letter a month or so ago advising me the matter was going to court. I never received this letter so couldn’t defeat myself in court. I can’t see any way of appealing the judgement on this basis, which seems massively unfair as I would most definitely have defended myself. Such important letters should be sent by recorded delivery. 

So I’m basically just looking for some advice on if I should pay up or if there is any way if appealing the judgement. 

Thanks! 

Redx

No such thing as recorded delivery , there is signed for and special delivery , neither of which is used anyway , first class post is considered to be satisfactory

Ignoring a PCN has not been advisable since 2013 , especially not parking eye

The CCBC will have sent the N1 claim pack to an address , should have been your address , so you can ring them up and check if it was sent , when , plus the name and address too

You cannot appeal it , but you can apply for a set aside for £255 , filling in a form

See the second post in the newbies FAQ sticky thread near the top of the forum for advice on set asides and court claims

D_P_Dance

It is not "massively unfair", if you do not follow the Court's instructions you will get a CCJ..  However, with a fair wind and if you act in a timely manner you can put this right, it may cost you  £255, it may not.

Full instructions on how to get this set aside are explained in the newbies thread, on hundreds of previous threads on here, and on the internet.. 

Sobi80

Well clearly I haven’t had a PCN since 2013 lol! 

If I just pay what they’re asking within a month I won’t get a CCJ so I might just do that. It’s certainly (marginally) cheaper than going down the set aside route. Does seem unfair that I’m losing out because I didn’t receive notice about  it going to court but that’s life I guess 

Sobi80

D_P_Dance said:

It is not "massively unfair", if you do not follow the Court's instructions you will get a CCJ..  However, with a fair wind and if you act in a timely manner you can put this right, it may cost you  £255, it may not.

Full instructions on how to get this set aside are explained in the newbies thread, on hundreds of previous threads on here, and on the internet.. 

I didn’t say it was massively unfair to receive a CCJ for not following court instructions, I said it was massively unfair that I never received said instructions. 

Umkomaas

Do please phone the CCBC and enquire as to whom and to which address the court claim was sent. 

Have you moved house in the period around the date of the parking event and the court date?  

Redx

You would have to take that up with the CCBC

In future , check current advice on any topic , especially if laws are concerned like POFA , the CRA , and the Private Parking bill by Sir Greg Knight , plus stay off Private land when taking calls , park on public streets that you pay road tax to use , always checking signs whenever or wherever you park

Had you come here and asked for help when the first ntk PCN arrived , you would have been given the correct advice , but ignoring those letters from Parking Eye has led to this , but from your story it seems that you were caught napping and they have a point , so any win on your part would be on a technicality like no landowner authority or poor signage , plus you may not get the £255 back

Sobi80

You really are a condescending bunch, aren’t you? Don’t you think we realise the errors of our ways when we come on here asking for help? But you feel you have to make your digs. Whatever makes your day  

Redx

Sobi80 said:

You really are a condescending bunch, aren’t you? Don’t you think we realise the errors of our ways when we come on here asking for help? But you feel you have to make your digs. Whatever makes your day  

You should have heard what the judge said to my social services and their lawyer in chambers about their fundamental errors in my court case where he apologized to me for their poor behaviour and egotistical self important pompous "we can do what we want" attitudes towards me and my family , where I won the case without a legal rep because they failed to turn up leaving me without legal representation as well, a major error on their part for which I received compensation in an out of court settlement as all fees were waived

The judge told me it would go down in his notes and to write to him personally if I had any further trouble in the future about the case and awarded it in my favour

I have given you the bare facts because you asked for help and I didn't let my hatred of social services get in the way but sometimes it galls me at the arrogance they have in assuming they can do as they please and cite their job as allowing them to do so, then proceed to ignore letters despite the legislation already in place , yet complain when people ignore their own letters and yet they flout the laws when it suits them (as I know they did in my own case having heard a judge rant at them and their lawyer and list all their failings in chambers before awarding me the case and sending them out with their tails between their legs)

It was the catalyst that started me in helping to fight injustice , no matter where it came from , as my old employer found out when I claimed against them and received a reasonable out of court settlement one week before the court case , where they compensated me and paid all legal and medical bills for both sides. Now I help out on parking injustices despite never receiving a private PCN myself, but have fought and won for family (yet again)  and friends too , plus hundreds of people on here

Condescending ?? , the local bunch including their boss were the most arrogant , egotistical , condescending bunch you could ever have the misfortune to meet, hypocrites one and all at my council SS , more like little Hitler's , except one single kind and helpful one called Jenkinson who understood the issues but had no clout

I suggest you pay it and move on , which is what you should have done with the £60 NTK once you "realised the error of your ways"

D_P_Dance

I didn’t say it was massively unfair to receive a CCJ for not following court instructions, I said it was massively unfair that I never received said instructions. 

Neither is massively fair imo.  They amount to the same thing.

For whatever reason you did not follow the court instructions, the result was a CCJ,  We have told you how to sort it out, possibly at no cost to yourself,  the rest is up to you.

Excellent rant Red 

nosferatu1001

Yep. No condescension - just correcting your rant
Fly parking - which is what you did 0- is the reason these companies exist and prey on people.