Forum Home» Motoring» Parking Tickets, Fines & Parking

CCJ - Unsure If I can fight it! - Page 2

New Post Advanced Search

CCJ - Unsure If I can fight it!

91 replies 1.2K views
2456710

Replies

  • nosferatu1001nosferatu1001 Forumite
    9.9K posts
    1,000 Posts Third Anniversary Name Dropper
    ✭✭✭✭
    Dont wait too long, OP
    You cannot, i repeat cannotsit on this
    You said you found out in June - when? 
    In order to get a set aside under CPR13.3, you must act promptly. In practice this means within 3 weeks of finding out, unless you've got a damned good reason. Youre already up to that time limit. 
  • 1505grandad1505grandad Forumite
    785 posts
    Sixth Anniversary 500 Posts Name Dropper
    ✭✭✭
    Is it in order to point out:-

    @OP -   not a good idea to use the word "fine" in any correspondence or on this forum (used 8 times in your op) -  they are merely "Speculative Transmittable Invoices"   -  otherwise known as "invoices".
  • henrik777henrik777 Forumite
    2.7K posts
    Ninth Anniversary 1,000 Posts Name Dropper
    ✭✭✭✭
    Put up separate timelines.

    If they had" reason to believe" an address was no longer your residence then they must follow what the civil procedure rules say to make good service at wherever that may be.
    Bad service means the period for acknowledgement of service has not begun, never mind ended. In turn this means they were not entitled to default judgment and so the court must set aside.
  • BangeF2BangeF2 Forumite
    49 posts
    10 Posts Name Dropper
    Hi All,
    thank you for your links and recommendations for research. Im feeling overwhelmed by the amount of information and what is applicable to me.

    I haven't heard back from the CCBC yet and still waiting to receive more info from the solicitors. 

    As I have two CCj's (one active and on my file and the other one I only know about after the gladstones assistant told me over the phone as being 'outstanding' and being 'the same type of the thing' as the first ccj) Im unsure how many N244 forms I need to fill. Just one even though I have two claim numbers for the same type of parking tickets but at different times? (bearing in mind one claim number only has one parking ticket attached to it and the other claim number (ccj on my file) has 12 parking tickets attached to it!)

    I dont have any other forms or other things to refer to and only the CCJ info, the brief initial info the CCBC sent me and what I've been sent via Gladstones about the 'R judgement' and the LBC's for both claim numbers. 

    So when it comes to completing the paperwork for the witness statement, the default judgement and the defence I will refer to what I have and how other information has not yet been passed forward. Is that right? Is this the only paper work in additon to the N422 forms I need to complete or anything else? 

    Sorry if these questions sound stupid. I literally have no clue what im doing as this is all completely new and trying to read as much as I can but it is taking some time to add up the dots and know what is relevant for me. 




  • BangeF2BangeF2 Forumite
    49 posts
    10 Posts Name Dropper
    henrik777 said:
    Put up separate timelines.

    If they had" reason to believe" an address was no longer your residence then they must follow what the civil procedure rules say to make good service at wherever that may be.
    Bad service means the period for acknowledgement of service has not begun, never mind ended. In turn this means they were not entitled to default judgment and so the court must set aside.
    Separate timelines for the two different claims.
    Its funny because they apparently sent a LBC to my current london address but both the 'R judgements' for both CCJ claims was sent to my lancs address. 
  • BangeF2BangeF2 Forumite
    49 posts
    10 Posts Name Dropper
    Dont wait too long, OP
    You cannot, i repeat cannotsit on this
    You said you found out in June - when? 
    In order to get a set aside under CPR13.3, you must act promptly. In practice this means within 3 weeks of finding out, unless you've got a damned good reason. Youre already up to that time limit. 
    Yes, I understand. I've actually spent my time since the beginning of June figure out what this means and finding out more by speaking to CAB and step change, the law center and then to just be told they aren't dealing with this and referred to a bunch of solicitors. The Solicitors I contacted stated that they wouldn't take on my claim as my judgement is 'only £900' and others stated they didnt have the capacity because of the pandemic. It was only after a good few days of researching online did I come across this forum which I am super grateful for.
  • nosferatu1001nosferatu1001 Forumite
    9.9K posts
    1,000 Posts Third Anniversary Name Dropper
    ✭✭✭✭
    So "start of June". You're at 6 weeks. 

    Twice the usual limit

    You will need to expalin that in your WS.

    N244 - you will need two
    Give us the timelines, for both, as bullet points. Include which address was used at each point. You wil lneed this as well. 

    The address issue isnt "funny" - it is potentially fatal for them, and you dont seem to get this yet! but we need the details
    CALL THE CCBC AND GET THE INFO ABOUT ADDRESSES OVER THE PHONE. YOU CANNOT SIT AND WAIT FOR THEM TO MAYBE GET ROUND TO AN EMAIL. 
  • BangeF2BangeF2 Forumite
    49 posts
    10 Posts Name Dropper

     CCBC Info: 

    CLAIM 1:F1GF5xxx

    Status : alive for the amount of £881.43 (showing on my credit file)

    Claim pack was sent to: Lancs address

    Date sent: 22 july 2019

    Judgement issued by default: 16 August 2019

    The lady at CCBC stated no court hearing letters etc were sent as the CCJ was issued by default as they didn't hear from me. I asked for details to be sent via email but she stated the paragraph below is all they send via email and anything else has to be requested via post with a £10 charge 

    Particulars of claim: THE DRIVER OF THE VEHICLE WITH REGISTRATION xxxxxx (THE 'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE (THE 'CONTRACT') AT VALENTINA AVENUE - NW9, ON 12/11/2017, 07/10/2017, 07/10/2017,07/10/2017 THUS INCURRING THE PARKING CHARGES(THE 'PCN'S'). THE DRIVER OF THE VEHICLE AGREED TO PAY THE PCN'S WITHIN 28 DAYS OF ISSUE YET FAILED TO DO SO. THE CLAIMANT CLAIMS UNPAID PCN'S FROM THE DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDS BEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £100 PER PCN, £60.00 PER PCN CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £86.06 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.14 PER DAY.

    Confusing how the above does not match up what the solicitors sent to me via the SAR


    The total of the above is actually 1440 but they have the judgement amount as less? Confusing.

    Also I did not agree to this >> 'THE DRIVER OF THE VEHICLE AGREED TO PAY THE PCN'S WITHIN 28 DAYS OF ISSUE YET FAILED TO DO SO.' Where would they have got that info from?

    CLAIM 2: D7GF2xxx

    Status : alive for the amount of £263.02 (NOT showing on my credit file)

    Claim pack was sent to: Lancs address

    Date sent: 12TH OCTOBER 2017

    Judgement issued by default: 20TH NOVEMBER 2017

    I briefly asked if CCJs dont always show up on credit files and she stated this was something I need to take up with the registry trust as they send the details to the credit agencies to add to the files. I'm wondering how I can dispute a CCJ if its not showing on my credit file?

    Particulars of claim: THE DRIVER OF THE VEHICLE REGISTRATION xxxx (THE 'VEHICLE') INCURRED THE PARKING CHARGE(S) ON 29/05/2017 FOR BREACHING THE TERMS OF PARKING ON THE LAND AT VALENTINA AVENUE - NW9    THE DEFENDANT WAS DRIVING THE VEHICLE AND/OR IS THE KEEPER OF THE VEHICLE.AND THE CLAIMANT CLAIMS £160 FOR PARKING CHARGES / DAMAGES AN INDEMNITY COSTS IF APPLICABLE, TOGETHER WITH INTEREST OF £3.79 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8% PA, CONTINUING  TO JUDGMENT AT £0.04 PER DAY.                  


    Just to add, that my car at the time was insured with myself as the main drive and my mum as the second driver

    Ok so now where do we go from here? I have taken the WS, Defence and CO, templates from previous links and im starting to fill them out with my info but I'm confused in knowing how to reference the law etc.    

    thank you again for all your help.                                                    

  • BangeF2BangeF2 Forumite
    49 posts
    10 Posts Name Dropper
    Is it in order to point out:-

    @OP -   not a good idea to use the word "fine" in any correspondence or on this forum (used 8 times in your op) -  they are merely "Speculative Transmittable Invoices"   -  otherwise known as "invoices".
    Thank you for this. I will be more aware. 
  • BangeF2BangeF2 Forumite
    49 posts
    10 Posts Name Dropper
    D_P_Dance said:
    1. Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, 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 later this year,

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




    I will look into writing a letter to my MP and complaining about this once I get the N422 out the way. I'll look to you for support when I come to this. and if I feel unsure how to go about it. Thank you  
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support