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Empira Notice Of Enforcement

mr_smith
mr_smith Posts: 10 Forumite
Name Dropper First Post
Hi, this week I received a letter (handed to me) as have moved. Several years ago I believe 2017, I parked in a small area near flats, to visit my partners mother who has since passed away. I am 55, it was my partner who was driving and we saw no signs not to do so and were there 10 minutes. I believe this is the case as it was a long time ago. The address of the car received all the letters gladstones etc, but had no way of contacting me until recently. 
They eventually found me through a neighbour, via an old place of work to my new address. As the title suggests as this was a more serious letter. Although looks unfair and new house owners have not kept the older letters, I have attached what I have.
What do I do? Seems unfair I had not been able to make a defence. My partner is now unwell and I am worried of balliffs, I also don't want to blame her so will say I was driver but hadn't had the notice or sticker on the car.


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Comments

  • mr_smith
    mr_smith Posts: 10 Forumite
    Name Dropper First Post
    having trouble posting the letter image?


  • mr_smith
    mr_smith Posts: 10 Forumite
    Name Dropper First Post



    attached is the letter
  • Ectophile
    Ectophile Posts: 7,878 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    At this point your options come down to:

    1. Pay up, before things get worse, or

    2. Go to the court (not the debt collector) and argue that you had no knowledge that the case was even being heard. If they believe you, the case will be re-heard. (But the outcome might be the same.)
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • Flight3287462
    Flight3287462 Posts: 1,195 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    Why couldn't they contact you via the DVLA?  Did you not change the address on the V5c when you moved?  How much are they wanting?
  • mr_smith
    mr_smith Posts: 10 Forumite
    Name Dropper First Post
    Ectophile said:
    At this point your options come down to:

    1. Pay up, before things get worse, or

    2. Go to the court (not the debt collector) and argue that you had no knowledge that the case was even being heard. If they believe you, the case will be re-heard. (But the outcome might be the same.)
    I think i will just have to, can't deal with all the stress of dealing with a court.Hunyani_Flight_825 said:
    Why couldn't they contact you via the DVLA?  Did you not change the address on the V5c when you moved?  How much are they wanting?
    I don't know. I did change the address it was shortly after as I was dealing with a lot of things even before
    the pandemic began. They had old address and just have been kept sending letters there I guess, never looked for a new address. It all sounds fishy to me. After googling gladstone 'solictors' i'm happy to see it looks like a scam, but the court is worrying, I will contact the court and see what is going on and why they went ahead without my knowledge.

    £300 says so on the paper anyway, seems steep.
  • GrumpyDil
    GrumpyDil Posts: 1,983 Forumite
    Seventh Anniversary 1,000 Posts Name Dropper Combo Breaker
    You need to ask a board guide to move this to the parking sub board and start reading all the stickies on that board.

    At the moment you have a CCJ which will affect your credit report for six years.

    If you had changed your address on your car there is no reason that the parking company could not contact so you could well get a set aside which would at least set this process up from the start.

    The regulars on that board will be able to give you a lot of advice/assistance
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    Part of the Furniture 1,000 Posts Name Dropper
    edited 1 October 2021 at 11:39AM
    delete 123
  • mr_smith said:

    ...

    I don't know. I did change the address it was shortly after as I was dealing with a lot of things even before
    the pandemic began. They had old address and just have been kept sending letters there I guess, never looked for a new address...
    I suspect you may have changed the address on your (or your partner's) driving licence, and not on the car's V5C document (used to be called "the car's logbook")?   It's the V5C that it's really important to keep up to date as that is what is used for speeding tickets and parking tickets etc.  The address on your driving licence is actually less important - but should also be kept up to date of course.

    If you can't pay up your options are probably very limited, if any.  If they can't give you good advice on the parking ticket board mentioned above, you could try asking for advice here:  Bailiff Advice Online
  • Le_Kirk
    Le_Kirk Posts: 24,178 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    If you pay it now (and do not agree to a payment plan) it will be marked as "satisfied" but will remain on your credit record for 6 years and trash your ability to obtain credit.  Your best option now is to apply for a set-aside, which when/if granted (usually without actually having to go to court but at worst a telephone hearing) you will then be able to defend the original case.  Check the NEWBIE sticky second post and look at the set aside examples, also read some posts by @henrik777 as he is the forum guru about this issue.  You will require a N244 form and the facts as given to you in the letter you have shown.
  • D_P_Dance
    D_P_Dance Posts: 11,586 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you complained to your MP?  Several tears ago Mrs May promised to reform the system, she never did. 

    https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html  
    You never know how far you can go until you go too far.
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