Empira Notice of Enforcement

nancya

Hey everyone, 
I have read the newbie threads and FAQs which has helped a lot. I had a question that I didn't clearly understand from the discussion in previous threads so decided to post here instead hoping someone could please help. 

My dad has received an EMPIRA notice of enforcement dated 25/03/2022. I've attached the picture of the letter with this post. From all the other posts I've read in the forums, the receiver of the letter had previously moved houses or DVLA had a wrong address. However, in our case, we didn't receive any original letters from the UK car park management - as this letter suggests. We haven't moved houses and although we've sold that car now at the time of the penalty enforcement the car was still under my dad's name. So therefore I don't think there were any issues with addresses from DVLA side.

My ask is: 
Firstly do I just pay the fine to Empira? or do I contact Gladstones or the UK Car Park Management? 
Secondly, is there a way I can still set aside the CCJ?  

Any help would be very much appreciated. I feel like I got my dad into this mess as he had covid when we received the Court letter and I said I will pay off the fine within 30 days to avoid the CCJ but then forgot. So just wondering if there's anything I can still do to save his credit record from a CCJ. 

Apologies if something similar has already been discussed and I've missed it during my research.

BrownTrout

Before you do anything
How old is your dad..if he is retired a CCJ is going to have no effect on him

Coupon-mad

Except that Empira are bailiffs (connected to Gladstones, set up during lockdown).  I wouldn't chance it.  Terrible outcome from something that could have been defended.

But are you saying no court claim arrived?  Or Dad ignored it?

BrownTrout

Coupon-mad said:

Except that Empira are bailiffs (connected to Gladstones, set up during lockdown).  I wouldn't chance it.  Terrible outcome from something that could have been defended.

But are you saying no court claim arrived?  Or Dad ignored it?

They are BUT for this amount they simply don't enforce as due to the level of the Debt  involved and it wouldn't be this firm that deals with it in any case.
The claimaint would have to pay for the involvement of a county court bailiff to enforce the debt and for a claimaint of this type it simply isn't done due to the low level.

Coupon-mad

I think Empira might try a few as they are new kids on the block.

BrownTrout

Coupon-mad said:

I think Empira might try a few as they are new kids on the block.

Time will tell but unlikely IMHO given the average pcn debt and cost of further enforcement

nancya

BrownTrout said:

Before you do anything
How old is your dad..if he is retired a CCJ is going to have no effect on him

He's 60 atm so might still affect him for another 5 years at least.

nancya

Coupon-mad said:

Except that Empira are bailiffs (connected to Gladstones, set up during lockdown).  I wouldn't chance it.  Terrible outcome from something that could have been defended.

But are you saying no court claim arrived?  Or Dad ignored it?

So you think it's best I should just pay that amount directly to Empira and not Gladstones?
No, he did receive the Court claim and I stupidly forgot to pay for it. He didn't receive any original UK car park letters. He's the sort who usually pays for tickets as soon as they come as he doesn't receive many. This time all he got was a direct county court claim and because he was down with covid I was supposed to look after that and I didn't fulfil. 

Is there anything I could do to help with his CCJ? or just pay the fine and deal with consequences? 

Coupon-mad

He's the sort who usually pays for tickets as soon as they come as he doesn't receive many.

That's not a reason to pay a private parking firm.  That needs to stop but as a family you do need to know how to beat these moneymaking scams.

THESE ARE NOT FINES.

You aren't meant to just pay a small claim from some thug private parking firm, filed by a greedy roboclaim solicitor.

But what you can't do is ignore it.

You didn't say he actually got a N1 claim form?

You said earlier that he got what sounded like a Judgment in default letter.  That's not a claim form.  Was an actual Claim form ignored?

I suggest he rings the CCBC on Tuesday (takes ages to get through, especially after a weekend, so stay patient) and asks what address was on the claim form, and for a copy of the Particulars of Claim, if you can't find that at home.