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Advice for CCJ - Not in country when served

NotAnotherOne
NotAnotherOne Posts: 40
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edited 14 February 2022 at 5:13PM in Parking tickets, fines & parking
Hey guys,

I received a Judgement for claimant (in default) dated on 30th December 2021. Requesting I pay a £337 in fees which all began from a UKPC parking fine in 2017.

I have been following the advice of this forum, unfortunately for me, I received the claim form from the court in December 2021, I have been out of the country since October 2021 and have only returned this week (February 2022)

Now the latest letter I have received is from the DCBL stating I have failed to make payment, which arrived on the 8th January (was not in the country) giving me 14 days to pay. 

Evidently im in a trail of !!!!!! here...however this has all happened due to me being absent and not in the country. 

Is there any advice on what I should do now? I can of course provide evidence of me being in another country with passport stamps. 

Is there any way I can prevent myself from having further fees added or anything on marks on my financial record? 

At this point I just want to pay the fine and get on with my life. 

I would really appreciate any advice from you guys.

Thanks 
«1345678

Comments

  • D_P_Dance
    D_P_Dance Posts: 11,454
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    edited 5 February 2022 at 1:17PM
    Evidently im in a trail of !!!!!! here..

    No you are the victim of poor legislation and a broken promise by Mrs May, read this and complain to your MP.

    https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

    Have you read the newbies?  There is much on there of interest. about how to reverse these decisions.

    It is not a fine, you have been scammed, read some of the hundreds of other threads on here about default CCJs

    You never know how far you can go until you go too far.
  • D_P_Dance said:
    Evidently im in a trail of !!!!!! here..

    No you are the victim of poor legislation and a broken promise by Mrs May, read this and complain to your MP.

    https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

    Have you read the newbies?  There is much on there of interest. about how to reverse these decisions.

    It is not a fine, you have been scammed, read some of the hundreds of other threads on here about default CCJs

    Okay...I will take a look, thanks for taking the time to reply. 
  • Umkomaas
    Umkomaas Posts: 41,146
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    As it looks like it's too late (for the time being) to rescue your credit rating, as the court date for settlement has likely passed, do not pay this - your credit rating will not be rescued by doing so.

    You must look to get a set aside.  How to do this is covered in the NEWBIES FAQ Announcement, second post, so please read that and internalise its contents before asking random questions about the process. It's all in there. 

    But, as you're now aware of the CCJ, you must process your set aside application in a timely manner. Consider two weeks as being your target date to complete the application stage. Judges do not respond positively to tardy applications. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Le_Kirk
    Le_Kirk Posts: 21,944
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    You have missed the slot for paying due to you being out of the country.  Did you receive all the PCN/NTKs and debt collector letters, letter before/of claim and the claim form from CCBC before you left this country and did you deal with them or ignore them?  Did you file a defence and witness statement?  If you did, were you in receipt of a DQ (N180 form) asking you to provide dates when you would not be available?  If you didn't deal properly your only recourse is to apply for a set-aside using a N244 form and paying £275 (unless you can get help with fees form EX160A).
  • NotAnotherOne
    NotAnotherOne Posts: 40
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    edited 5 February 2022 at 1:33PM
    Le_Kirk said:
    You have missed the slot for paying due to you being out of the country.  Did you receive all the PCN/NTKs and debt collector letters, letter before/of claim and the claim form from CCBC before you left this country and did you deal with them or ignore them?  Did you file a defence and witness statement?  If you did, were you in receipt of a DQ (N180 form) asking you to provide dates when you would not be available?  If you didn't deal properly your only recourse is to apply for a set-aside using a N244 form and paying £275 (unless you can get help with fees form EX160A).
    I received PCN and debt collector letters which I read I should ignore. 
     
    The last letter I received on this situation was back in 11th March 2021 which was a letter from DCBL 'Final Notice of Debt Recovery' which I thought the advice was to ignore until receiving a County Court Claim Form, which I received whilst out the country. 

    I did not receive any CCBC letter before I left the country, the court letter only came whilst I was out the country.
  • Le_Kirk
    Le_Kirk Posts: 21,944
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    Then you did indeed (no fault of your own) fail to deal with a N1 claim form.  Set aside is your only option, unless, of course, you don't mind having a CCJ on your record for six years.  Do not pay the debt collectors because that will only mark the CCJ as "satisfied" and that is not what you want.  There is plenty of advice in the NEWBIE sticky second post on set-aside, you could also search the forum for any reply by a regular poster called @henrik777
  • Le_Kirk said:
    Then you did indeed (no fault of your own) fail to deal with a N1 claim form.  Set aside is your only option, unless, of course, you don't mind having a CCJ on your record for six years.  Do not pay the debt collectors because that will only mark the CCJ as "satisfied" and that is not what you want.  There is plenty of advice in the NEWBIE sticky second post on set-aside, you could also search the forum for any reply by a regular poster called @henrik777
    Okay..thanks for pointing me in the right direction.

    Appreciate it. 
  • Coupon-mad
    Coupon-mad Posts: 129,370
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    I'd search for set aside CCJ dead 4 months for the latest examples of CCJ set aside wording.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Le_Kirk
    Le_Kirk Posts: 21,944
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    I'd search for set aside CCJ dead 4 months for the latest examples of CCJ set aside wording.
    Will that work?  It has only been three months (just) since December 2021.
  • Coupon-mad
    Coupon-mad Posts: 129,370
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    edited 5 February 2022 at 5:00PM
    Depends, might just be, by the time the OP has tried for consent to set aside, been knocked back, then put in their N244 for a contested application.

    Have to say, it's disappointing and unfortunate that a poster who knew a claim was imminent and likely, would not have asked someone to open his/her post, if abroad for 4 months.  Or had all post redirected by Royal Mail (costs very little) to a relative's house to open it.

    It was always going to happen around Xmas, the scammers' favourite time to strike.  This could easily have been avoided and was inevitable.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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