County Court Business Centre

mark7878

ok guys, thanks for your helps and enquires. Unfortunately i was unable due to personal circumstances stop everything else going on with my life. I saw my Mum over the weekend and she gave me another letter and the court has awarded in the parking fines favour! I am in a bit of shock really because i dont live there and my driving license nor car was registered there. Is it worth paying the court fee and fighting? The judgement is dated the 18th June. Still cant believe it.. 18 minutes and not they want £305! apologies, i will replay quicker it just very difficult when i have to revise for exams

Coupon-mad

KeithP said:

With a Claim Issue Date of 21st May, you had until Wednesday 9th June to either file an Acknowledgment of Service or file a Defence.

Since you did neither, the Claimant has been free since then to seek a Default Judgment against you, and indeed probably has done that already.

Check your Claim History on the MCOL website to find out if that's already happened.

If there has been no Default Judgment issued, then you are now in a race.

If you file a Defence before the Claimant gets that Judgment, then you win this heat and go through to the next round.

On the other hand, if the Claimant gets that Judgment first, it's game over - you lose.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

You didn't do the above - which was simply to copy our template and take 20 minutes to add some facts.  It could have been done in one evening while having a cuppa, and emailed to the CCBC that we even provide the email address for the purpose.

So because you didn't defend, you lost.  No need to be in shock, this is litigation.

You must now pay due to not defending, and if you don't pay CEL in full within 30 days you will have a CCJ on your record that ruins your credit rating for six years.  I think you need to start taking it seriously and get it paid to prevent a CCJ.

mark7878

thanks for your response.  i will take your advice and i will pay. 
 So basically you can live at one address and a company can write to you at another and they can basically mess up your record? Why have a car registered to an address and they write to you at another? is that how litigation works? 

Redx

This is not a legal forum , it's a parking forum

If you require any legal advice , please consult a solicitor

Pay it in full asap , or your credit rating will be ruined for 6 years , mobile phone contracts , renting , mortgages , loans , all will be a struggle for you

Ps , if these had been motoring offences like speeding or council charges like bus lanes etc , the consequences could have been much worse

Coupon-mad

mark7878 said:

thanks for your response.  i will take your advice and i will pay. 
 So basically you can live at one address and a company can write to you at another and they can basically mess up your record? Why have a car registered to an address and they write to you at another? is that how litigation works? 

No but you could have defended it and didn't.  You got the claim form so have no grounds to set it aside.

Le_Kirk

mark7878 said:

thanks for your response.  i will take your advice and i will pay. 
 So basically you can live at one address and a company can write to you at another and they can basically mess up your record? Why have a car registered to an address and they write to you at another? is that how litigation works? 

It is your duty to keep the DVLA up-to-date with the address of the RK.  The PPCs can only write to the RK at the address held by the DVLA and they can only apply for this information once!

mark7878

My Car has always been at my address for the last 3 years, never moved! Thats where it has been taxed, insured, driving license details, mortgage. The DVLA have the right details its the Dodgy Parking Company that wrote to me elsewhere. Anyways, It will be paid. Does anyone think its worthwhile making a complaint to the court? The fact they are writing to me elsewhere? 

Coupon-mad

Hang on, did the CLAIM FORM also go to another address?   If so, then you can get the CCJ set aside.

mark7878

Yes thats what i was trying to Highlight. I just paid the parking fine now 10 mins ago because i did not want any further grief. I have just paid the parking company £284. Everything just seems so dodgy, you log into their portal and the correct address comes up but the correspondence i am looking the original letter from the business centre, the judgement and a further letter from the parking company have all been sent to my mums?! Maybe its the credit history i do have a joint bank account with my mum? can they look up your credit history?
Anyways, i could attempt a chargeback if you think there is a case

Coupon-mad

Maybe its the credit history i do have a joint bank account with my mum? can they look up your credit history?

Yes.

Do not chargeback.  That puts you in a dodgy legal position and the CCJ will remain.

Read about setting aside the CCJ and getting your money back that way.  @henrik777 has posted more than once, that set asides can be sought when people have paid the PCN but I don't think it's as easy as if you hadn't paid the thing.