Notice of proposed allocation to the small claims track

inasanalias

Brill, thanks everyone again. I will be back on with the said letter for you to scan over before I send it and I will hold off til next week before I send the questionnaire back as it states that they need to have it before the 25th of the month

inasanalias

In October 2016 I received 2 parking charges from parking awareness services, after numerous emails and letters threatening to take me to court. A court date was set for one of the charges but the claimant decided to drop the charge and I received a letter of discontinuance in October 2018. 

Just this month, October 2020 I received a letter from the court to say that I was being pursued by parking awareness for the second charge and to fill in the questionnaire. I am writing to complain to why this charge has been resurrected and I believe that the claimant has not paid to lift the stay, and after researching this it is clear that this has been happening in the past two weeks, en mass, so what exactly is going on and why is CCBC allowed dormant cases to be restated without a court fee, yet expects consumers to pay to object to this injustice.

This is a formal complaint and I wish that this letter to be put before a judge because this is not justice and no application should be needed, if the claimant parking firms have somehow been allowed to get away without one.

I am assuming that this is a procedural error affecting lots of parking cases and no stays should be lifted after all these years, and certainly not without the Claimants paying £100 a time, or preferably £255 for the hearing.

Clearly this has been done by stealth in the hope consumers like myself have possible moved home or are badly affected by the lockdown and will get a default ccj now

Yours sincerely Mr ........

Ok so this is the draft letter, I will have the claimants name top left and defendant (me) top  right with my address. If it sounds amateur then please help as I’m no good at all of this, thanks  

Coupon-mad

FORMAL COMPLAINT ABOUT A PROCEDURAL ERROR BY THE CCBC 
CLAIM NUMBER XXXXXXX

Dear Sirs,
This is a formal complaint and I wish that this letter to be put before a Judge, please. 

I believe a serious procedural error has occurred within the CCBC and it affects dozens of consumer Defendants at a time when they are very likely to end up with a default CCJ as a direct result of the CCBC's actions.

It appears that several 2018 (long since stayed) 'unfair parking charge' inflated claims have been reinstated by the CCBC and mine is one of them.  I received your Directions Questionnaire out of the blue last week.  Luckily in my case, I had not moved in the past two years.

The case was stayed in 2018.  How can it be resurrected with no checks, now?  I believe this has either happened:
(a) in error by the CCBC
(b) as a result of a letter from a robo-claim solicitor, whose clients have taken no steps to re-check Defendant addresses.

In either case, it seems unlikely that the robo-claim solicitors have paid the requisite court fee or filed N244 applications to lift each and every stay.   Please correct me if I am wrong because I am struggling to understand how the CCBC can do this.

Even if the Claimants have applied and paid all fees applicable (£100 per claim), I object to the CCBC's decision to allow this, on the basis that this is likely to cause CCJs and offends against justice. 

At the very least, claims that are statute barred should have been excluded and the applicants should have had case management Directions requiring them to firstly supply evidence that the Defendants' addresses have been checked in 2020. The Claimants must be held to account, to ensure that Defendants who have moved are not all about to lose by default.

I remind the CCBC that the Government is still extremely concerned about the level of default CCJs and this action is likely to cause more.    Not only was there a review of processes, but the MHCLG are currently offering a public consultation about private parking charges which makes it clear that they are very concerned about the level of claims andCCJs, so this - plus the fact that we are in the middle of pandemic - makes it an wholly inappropriate time for the CCBC to resurrect 2018 claims from rogue Claimants, knowing the Defendants are likely not to be able to respond in all cases.

Surely you are not going to support a rogue industry to inflict default CCJs on all the Defendants, who can't return their DQ after this two year delay?  Where will this end?  Are parking company Defendants likely to see claims resurrected ten or twenty years in the future?

I am not in a financial position to throw £100 at an application to object to the Order the CCBC sent me.  What I want to know is, what has happened and has the Claimant made such an application after all this time, or is this a procedural error by the CCBC?

I am copying in my MP and will urge them to take this up with the MHCLG, who are currently consulting about the parking industry and who I am sure, will be alarmed to learn that archive cases (even some that are statute barred) are being resurrected without so much as an address check or (possibly) not even a fee being paid by the rogue industry to achieve this monumental feat, without a Judge even looking at the situation.

Yours sincerely ]

Your name (don't put 'Mr' as that is not part of your name).

I'd do it more like the above.  The discontinued claim has nothing to do with anything so don't even mention it.

Copy in your local MP (Google it if you don;t know who they are) and ask them to alert the MHCLG.

inasanalias

Wow! Thank you very much for taking the time to write that for me. Is it better to email this to the CCBC and cc my local MP or post it? Thanks

nosferatu1001

Email. Post takes longer and you dont have long. Send DQ by email as well

inasanalias

Ok cheers, will do this once I get home from work this evening. Thanks again everyone, if I could buy you a drink I would so I guess a virtual high 5 will have to do 🙏🏻 

tri_girl

I have also just received the same letter. I have also recently thrown all my information away like you. Thanks for posting as I now need to follow your lead. I was a nervous wreck last time I dealt with these people and now all the anxiety has returned. 

inasanalias

I was in the same boat as you, was a nervous wreck about it at first but after coming on here and reading through all the helpful stuff it put me at easy. These guys on here do amazing work to help people like us out.  Im curious to see what outcome I get from this second charger or if they drop it at the final hurdle again like the last time! Will keep updates on here with everything that happens.

tri_girl

nosferatu1001 said:

Email. Post takes longer and you dont have long. Send DQ by email as well

Could you please tell me what a DQ is? I just emailed my letter to CCBC and my MP. Thanks so much for all the help!

nosferatu1001

No, it is in the newbies thread. Your first port of call is th enewbies thread, for every question you have on courts process