Judgement for Claimant - NCP and BW Legal

Showlan

Hi all,
Hope all are well. I've read through the newbie page multiple times, but it is still slightly confusing to me.
I've been away on holiday and came home to a judgement for claimant dated 20th August 2020. It states I must pay my full balance (£277.76) by 19th September to avoid a CCJ against me.

Are there any steps I can take with it being so close to the payment date? I have had no communication with BW Legal other than to update my address (this was as my mum's address was being harassed with letters about 1 year after the 'incident' - foolish of me to communicate with them before researching what to do!).

Can I still send a SAR? I have tried to access the defence templates on the newbie thread (dropbox link) but it doesn't seem to be active anymore?

Any help and advice is super appreciated!

Thank you and kind regards,
Showlan

henrik777

 I have had no communication with BW Legal other than to update my address (this was as my mum's address was being harassed with letters about 1 year after the 'incident' - foolish of me to communicate with them before researching what to do!).

Am i understanding you correctly ? Prior to the claim you advised them of your current address but you didn't get a claim form there ?

Showlan

henrik777 said:

 I have had no communication with BW Legal other than to update my address (this was as my mum's address was being harassed with letters about 1 year after the 'incident' - foolish of me to communicate with them before researching what to do!).

Am i understanding you correctly ? Prior to the claim you advised them of your current address but you didn't get a claim form there ?

HI henrik777,
Thanks for replying - I've been reading a lot of your posts.

I have kept all documentation and I received a 'Notice of Pending CCJ' but no claim form. Checked with my mother and she doesn't have anything either.

henrik777

Contact the court, find out where it was sent.

Showlan

henrik777 said:

Contact the court, find out where it was sent.

Thank you for the advice.

I spoke to them and a claim form was sent to my previous address on the 20th February 2020, but nothing received at my new address which I updated them with in March 2020.
The 'incident' took place over 2 years ago on the 3rd September 2018 and the form was issued over 17 months later.

The advisor just sent me over details of the claim form as below:
"THE CLAIMANT'S CLAIM IS FOR THE SUM OF £180.76 BEING MONIES DUE FROM THE DEFENDANT TO THE CLAIMANT IN RESPECT OF A PARKING CHARGE NOTICE (PCN) FOR A PARKING CONTRAVENTION WHICH OCCURRED ON 03/09/2018 IN THE PRIVATE CAR PARK/LAND LOCATED AT CRAWLEY CROSS KEYS CRAWLEY RH10 1HB, IN RELATION TO A VEHICLE, XXX. THE DEFENDANT WAS ALLOWED 28 DAYS FROM THE PCN DATE TO PAY THE PCN, BUT FAILED TO DO SO. DESPITE DEMAND HAVING BEEN MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY. THE CLAIM ALSO INCLUDES STATUTORY INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURTS ACT 1984 AT A RATE OF 8% PER ANNUM (A DAILY RATE OF £0.04 FROM 03/09/2018 TO 03/02/2020 BEING AN AMOUNT OF £20.76. THE CLAIMANT'S CLAIM INCLUDES £60.00 COSTS AS SET OUT IN THE TERMS AND CONDITIONS."

Am I still able to appeal this?

Le_Kirk

You are far too late to appeal, you already have a judgment against you, presumably because you didn't file a defence and witness statement and why would you if you did not receive the claim form?  You have two options now, the first being to pay the amount on the judgment before 19th September and then apply for a set-aside, the second to let the deadline pass, whilst applying for a set-aside.  As @henrik777 has picked up this thread, follow his advice.  If you take the first option, you will be "out" by £277.76 PLUS the set-aside fee of either £255 (contested) or £100 (uncontested) but you won't have a CCJ recorded on your credit account.  The second option you will have a CCJ but you will only be "out" by the set-aside fee.  For either option, if you win your set-aside you can ask that the PPC repay your fee.

Coupon-mad

You will have to set aside the CCJ, and there appear to be good grounds for this, in that the Claimant knew in March that the D had moved and yet applied (when?) for judgment in default, knowing service of the claim had been defective and knowing the correct address!

How did the COURT know your new address?  Who told the court where to send the judgment for Claimant?

Showlan

Thank you @Le-Kirk and @Coupon-mad for your replies.

To confirm, you suggest I should:
1) Pay the balance they are requesting of £277.76
2) Complete a set-aside (N244 form) with a £255 fee
3) Hopefully I win and I should have the PPC repay my total fees of £532.76 (£277.76 + £255)

@Coupon-mad
I'm guessing the buffoons at BW Legal passed on my information. Can I use all of this in my defence?

I appreciate all your help again.

Coupon-mad

Pay the balance they are requesting of £277.76
No.

henrik777

So how does it all fit together ?

Date of parking, date moved, date informed of move, date claim lodged, date default applied for etc

Showlan

henrik777 said:

So how does it all fit together ?

Date of parking, date moved, date informed of move, date claim lodged, date default applied for etc

Parking incident: 3rd September 2018
No correspondence received (that I recall) 
Moved house: October 2019
Claim form sent to prior address: Feb 2020 (mother didn't find anything)
Dated informed of move: March 2020
August 2020: Notice of pending CCJ
August 2020: Judgement for Claimant received
19th September 2020 - deadline to pay £277.76