CCJ issued for PCN's in Secure Residential Parking

JoeBloggs321

I agreed to help a friend of mine to look into an ‘unknown’ CCJ that was on their credit file and see if there was anything that could be done to remove it. However the more information I got, the less sure I was that anything could be done. So I would love some advice from the experts here on if it is possible to remove the CCJ. I have read up on the forums about SAR’s and the security fob section, and have worked towards that, but now I’m a bit stuck on how to proceed.

This is a rough summary (exact dates not given and generic names given)

So I was asked this year to find out about a CCJ on their file. They had not kept/opened/received/acknowledge any paperwork (I know!), so I started by contacting the CCBC, who gave me a summary from which to work from. In the summary the CCJ was a result of 4 unpaid PCN’s issued to my friend, which went unpaid.

I sent a SAR to the Parking Company concerned, but after 2 months of no response, made a complaint to the ICO and instead sent a SAR to the Parking Companies acting Solicitor for all the details of the PCN’s.

In the information sent by the Solicitors, they have details of 9 unpaid PCNs, all of them relate to my friend parking in the car park at their new residence, so although I am wondering if the other 5 PCNs are likely to occur at a later date, I continue with the CCJ at hand.

My friend moved in 2019 to a housing association property, which has a security fob to access both the building and the car park. When signing the tenancy, they were told by the manager of the property that they would need to display a valid permit on their vehicle. To get a permit they were told to send the log book to DVLA and update the address on the log book first. They were also told that they could use the car park to move into the building.

After reading through the tenancy they signed, there is no mention of needing a permit. They have said they did not need to sign for the security fob, nor any other paperwork, to agree/acknowledge the car park permit.

All 9 PCN’s were issued within 7 weeks of their tenancy start date and until their updated log book was received and a permit issued, after which no further PCN’s were issued.

My friend is of the opinion that as there was no limit given as to how long it takes to move in, they could argue it took the 7 weeks to move in. I’m thinking, if anything, the fact it was not in their tenancy, or any separate paperwork agreeing to the car park terms may be their best option?!

I just really need advice on how, or if, it is possible to proceed on this and I can give more details if needed for an opinion.

Many thanks for your time.

Umkomaas

Did they actually receive the court claim form(s) and ignored that (them)?

Coupon-mad

 When signing the tenancy, they were told by the manager of the property that they would need to display a valid permit on their vehicle. To get a permit they were told to send the log book to DVLA and update the address on the log book first. They were also told that they could use the car park to move into the building.

Told by the Housing Association to send off their logbook and risk PCNs for 7 weeks?  Or told by who; which manager of the property'?

JoeBloggs321

Umkomaas said:

Did they actually receive the court claim form(s) and ignored that (them)?

They've said that they did not receive anything and that the first they were aware of a CCJ was when checking their credit file.

They also say that the block of flats they live in has always had a bad record on deliveries of post/parcels, and as a consequence have opted to have parcels left for collection at their local post office, due to the amount of items that have gone missing.

JoeBloggs321

Coupon-mad said:

 When signing the tenancy, they were told by the manager of the property that they would need to display a valid permit on their vehicle. To get a permit they were told to send the log book to DVLA and update the address on the log book first. They were also told that they could use the car park to move into the building.

Told by the Housing Association to send off their logbook and risk PCNs for 7 weeks?  Or told by who; which manager of the property'?

The housing association has a local housing officer for their building and others owned by the assocaition. This is the person with whom they signed the tenancy agreement, and advised the need for an updated logbook to apply for the permit.

Coupon-mad

So, how does this HA think that people will be protected from PCNs in their first few weeks when they follow that 'advice'?  Why is there no system for temporary exempt lists, which is really simple for any PPC to handle, to stop PCNs entirely?  Why is the HA allowing this to happen to people?

I'd be complaining en masse to the head of the HA and publicising this failure in the local paper.  The HA can't do this to people, and make no mistake, it's their fault and the PPC is merely taking advantage of the HA's naivety.

JoeBloggs321

Coupon-mad said:

So, how does this HA think that people will be protected from PCNs in their first few weeks when they follow that 'advice'?  Why is there no system for temporary exempt lists, which is really simple for any PPC to handle, to stop PCNs entirely?  Why is the HA allowing this to happen to people?

I'd be complaining en masse to the head of the HA and publicising this failure in the local paper.  The HA can't do this to people, and make no mistake, it's their fault and the PPC is merely taking advantage of the HA's naivety.

My friend has now decided on private renting, to get away from various issues with this HA (this CCJ issue, missing/stolen mail and parcels, sexual offender neighbours etc), hence trying to repair the damage done to their credit file.

I did prepare a letter for my friend to send to the HA, asking for confirmation of the secure parking area. This was the reply I received just prior to starting this thread:

After mentioning the issue of a permit needing to be used for their car park, 3 times in 1 sentence, I checked the terms of the tenancy agreement, none of which mentioned the permit parking, rather just generalized points than property specific:

I can of course write back to the Housing Officer to request more information on the issuing of permits, to show they had to have an updated logbook etc, if that were to help?

It does seem incredible that within the first 7 weeks of tenancy start date they were issued 9 PCN's whilst doing the log book, as advised by the housing officer, for their permit.

There seems a couple of routes to go, but any advice on which way to go would be appreciated.

Coupon-mad

I think don't ask more questions.   Stop being so polite.

Send a complaint with the rationale I said before and also tell them that the resident is going to leave because of the way the HA has mishandled everything and their advice actually caused CCJ damage to his credit file.  

JoeBloggs321

Hi, sorry for my lack of response, been a busy time!

Ok, so I have the bare bones of a letter to send the housing officer and the head of the HA, so will work on that and hope to send by Friday.

Forgive my ignorance in these matters, but I'm just wondering what it is that the HA are going to be able to do to remove this CCJ?

I mean, I get making a complaint to them, so that it helps others. My friend says he has spoken to others in their building who have also received PCNs from using their specified carpark.

I just don't see how the HA can instruct the courts to remove CCJ?!

Thanks for your help.

Coupon-mad

They could liaise with their contractor and agree to consent to the set aside, and that then costs £100 (a lower court fee) and your letter might suggest that this should not be your burden to pay, and that you are happy to sign a consent Order as long as the PCNs are cancelled and the CCJs removed and that wither the HA or their contractor pays the lower court fee, given the circumstances. 

Point out that this suggestion has value to the parking firm because otherwise the Defendant will be filing a N244 at a higher cost of the full (non-consent) set aside application fee of £255 and will ask the court to Order that the Claimant do pay you that fee back, when the CCJ is set aside.

When I say ''you'' I mean the Defendant, who has taken a long time to deal with this CCJ if they found out about it 'earlier this year'. 

Delaying these applications makes them less likely to succeed and for that reason, give the HA and their agent seven days from receipt of your letter to respond, and if the parking firm will not consent to the set aside the D will proceed with the higher fee application and will call a member of the HA as a witness to the hearing to explain why they advised a resident to take action that the HA knew would attract unfair PCNs, and why they didn't simply add new residents' numberplates to a temporary whitelist.  Instead, they advised a course of action that made it impossible for new residents to comply with the parking terms because they couldn't get a permit until they'd changed their address on their V5C.  A ludicrously unfair policy that has affected multiple residents already.

Finish by asking the HA which Director or Manager will attend any hearing to answer for the HA's own actions and their address for service, should they and their contractors decide to refuse this reasonable resolution, and thereby force the D to pay out £255 for a contested hearing.

DO NOT send this letter signed for!  Just take the envelope to a post office (don't pop it in a postbox) and ask for a FREE 'certificate of posting' (receipt) and keep it stapled to a printed copy of the letter for the D's own evidence records.

JoeBloggs321

Thank you Coupon-mad, I understand it now

I have just finished the letter and sent to their complaints department email address.

I specified needing a response by next Friday latest and outlined all the advice you gave above, and just hope they go for the consent to set aside option now.

I also found out from my friend that there is in fact an ongoing issue with mail deliverys, so mentioned that as well.

I guess it's just a case of wait and see, but I shall keep you informed of the outcome.

Again, massive thanks for all your help thus far