Empira - Notice of Enforcement

Emjaybee68

I've just received a Notice of Enforcement from a Company called Empira and would like some advice, please?

I have read the "Newbie" Thread and have also read a lot of the other threads, fairly extensively, but am now more confused than ever!

A bit of background - in November 2020 I visited a Nandos restaurant and parked in the Car Park attached to both the Restaurant and Retail Park. Some weeks after I received a PCN. At that time I was suffering badly from mental health issues and was actually visiting my adult daughter on that day as was suicidal and needed some real support following the breakdown of my marriage, days earlier!

It seems that this Car Park was generally free but had different "Zones", one was free parking but the other (in which I was parked in was only 30 minutes). My Daughter had parked there many times, herself, and hadn't even realised that this was the case until I got this ticket!

Anyway, I was in a terrible state until quite recently and am now getting back on my feet slowly. I did message Nandos via Facebook and asked them to cancel the PCN, but at that time they said there was nothing that they could do as I hadn't gone through the Complaints procedure of the Parking Firm (UKPC, I think). Sadly, in that time UKPC obtained a CCJ against me. Yes, I know, I ignored the original notice as couldn't deal with that on top of everything else I was going through at the time! Also, to be honest, I just thought it was an empty threat or scam as have had those before in the past!

The way I feel now, knowing that they effectively took advantage of me, at what was a very vulnerable time, and the fact that I now have a CCJ regardless of payment, I am inclined to stick it out and fight it whatever!!! 

So, I have a few questions, which I would very much appreciate help with please:

1) How should I respond to this letter? Should I just ignore it, or do you think they will pursue it further and I'll soon have Bailiffs at my door?

2) Can I still apply to have the CCJ Set aside? Or to put it another way - What are my chances of it being set aside? (I now know I will have a CCJ against my name for 6 years even if I settle it now!)

3) Any other advice you may have, at this stage?

Thanks, I really appreciate the help as there is just too much general advice on the forum to answer specific situations!

Emjaybee68

Oh and just to add that the amount "owed" from the PCN plus fees is now £262.19, so much more than the original parking charge of £100!!

Le_Kirk

PPCs generally add false "debt admin" costs to their claim, whilst some of it is legitimate, filing and hearing fees plus solicitor costs usually a total of £200.  You should consider an application for set-aside using a N244 form, which will cost you £108 (uncontested) or £275 (contested).  Check the NEWBIE sticky second post for advice on this also read some posts by a regular @henrik777 and read some recent posts about set-asides.

This advice was posted by @henrik777

Fill out N244 application (using advice on other threads and NEWBIE sticky).
Step 1
Get the claim form from the courts and/or claimant.

Step 2
Work out why you didn't get the claim form and form a timeline.

Parking date. Notice dates. Claim initiated date. CCJ awarded date.  House move dates. Record changed dates it's.

You'll need to investigate and ask the relevant people.

Step 3
Within 3 days of discovery, ask the claimant for consent. Even if they say no, you've given them notice of intent.

7 days to answer chase after 3/4 so they can't claim to have not gotten.

Step 4 
Application.

tboo

So what date did UKPC obtain the CCJ?

What date did you find out about the CCJ? From the enforcement letter?

What date is the enforcement letter?

You may wish to post it up on here, minus personal details - name, address etc.

Coupon-mad

Empira share a director with Gladstones who probably filed the claim.  What a lucrative little set up, eh?

Was the claim sent to the right address but you ignored a court claim?