Parking fine CCJ

jugsy58

Hi Coupon-mad i have found a letter and it was myparkingcharge and Vehicle control services , its my mistake thought they were all through parking eye , my brains like mush at moment . 
VCS sent me a letter on 01/02/22 informing me the total payment was £170 and if payment was not made by 03/03/22 they would apply to the court for CCJ which obvs they did 

Le_Kirk

jugsy58 said:

Hi Coupon-mad i have found a letter and it was myparkingcharge and Vehicle control services , its my mistake thought they were all through parking eye , my brains like mush at moment . 
VCS sent me a letter on 01/02/22 informing me the total payment was £170 and if payment was not made by 03/03/22 they would apply to the court for CCJ which obvs they did 

They cannot apply for a CCJ, they should have sent you a letter before/of claim and, if/when you ignored that, a formal N1 claim form from the CCBC at Northampton.  Did you receive/ignore all of that?

jugsy58

Le_Kirk said:

jugsy58 said:

Hi Coupon-mad i have found a letter and it was myparkingcharge and Vehicle control services , its my mistake thought they were all through parking eye , my brains like mush at moment . 
VCS sent me a letter on 01/02/22 informing me the total payment was £170 and if payment was not made by 03/03/22 they would apply to the court for CCJ which obvs they did 

They cannot apply for a CCJ, they should have sent you a letter before/of claim and, if/when you ignored that, a formal N1 claim form from the CCBC at Northampton.  dDd you receive/ignore all of that?

Received and ignored sorry , Baird House was contacting them on my behalf at that point and it was slow going reception said leave it with them and they would get back to me to tell me what to do next , and that never happened so got in touch once again and finally they got back to me to let me know my car was not registered on the day ( i already knew that ! ) and i should contact them direct , by that time they'd already applied to the court for CCJ and when i spoke to Liverpool City Council they clarified it but they never gave me date of entry so i will ring them again tomorrow.   They did tell me to get N244 form and it would be so much to file then so much again for the judge to look at it so am thinking it was/is still in time vaguely 8th June i think she said i had time until.i have downloaded the forms but don't know what to put on it. 

Le_Kirk

Seems like the judgment was issued around 8th May and you have until 8th June to pay it so as to avoid the CCJ impacting your credit.  We on the forum would never recommend paying if you are sure of getting the underlying claim thrown out but given the "received and ignored" the judge may not look too kindly upon your N244 application, which will cost £275.   To see how to complete the N244 and what to put in the way of a witness statement and draft order, see the NEWBIE sticky second post or read some similar discussions/thread by browsing the forum (or using the search function), alternatively look for some replies by @henrik777.

Umkomaas

We on the forum would never recommend paying if you are sure of getting the underlying claim thrown out but given the "received and ignored" the judge may not look too kindly upon your N244 application, which will cost £275. 

Indeed. I can't see much prospect of getting this set aside. If it fails, the £275 is lost and you still owe the £277 original court judgment - costly. 

The first objective must be to pay off the CCJ (in one go, no payment plan) to preserve your credit rating. This must be done by the deadline given by the court, which would appear to be imminent. Miss that deadline, your credit rating is shot for the next six years, giving you much ongoing financial pain. 

After you've paid it, you can still apply for a set aside, but prospects of success are very limited, in my opinion (I am not a lawyer), as it seems to me that the process followed by the Claimant was not flawed. You'll need to give it lots of clear thought as to how you might make a set aside successful. Unfortunately it is unlikely to revolve around the awful family tragedies you've suffered as a reason for ignoring the court claim. Sorry. 

Others might contribute their thoughts on whether there is anything on which you might base any set aside application. 

jugsy58

Hi and thanks to all for your advice i did look at the forum and some threads before posting i hoped for a miracle i suppose , there were other mentions of others getting tickets etc., when loved ones have passed and it seemed to have no affect when they made contact to parking company over it, so i was kind of already knowing my chances were low . Now seeing it in writing is good as i will move forward to make payment and a lesson learned . It makes no sense to have a NHS building in a controlled car park and all car parks are permit holders only. Grief has no time control limit to it as to when you  start thinking straight again everything is a blur until then maybe like the courts put a cap on how much these parking companies can charge then maybe mitigating circumstances other than the DVLA not giving the current address out should also be considered. kind regards

jugsy58

Hi , its me again time has gone by and i know i said i was going to make payment only i decided to do more research given the fact i had missed the payment date for the CCJ to be set aside . I just hated the idea that because of Baird House not forwarding my messages onto the appropriate department manager i had to pay this amount and got the CCJ when they said they would deal with it for me. 
Anyway i went back to the acting manager who deals with the VCS and he just ummmed and arrrrrrrred about the difficulty of it all and that he was waiting to hear back from VCS and would get back to me and guess what am still waiting even though i constantly rang Baird House, so i came back onto the forum and was trawling through whether i had enough evidence myself to implicate Baird House if i filed N244 then i came across other people with CCJ's for all different reasons and i was looking at cases when the CCJ had been removed via Tomlins Agreement !
Seeing  few successful cases i contacted Elms Legal and asked if i made payment in full  would they agree? and as i had already let them know my reasons for not contacting VCS direct due to Baird House dealing with it they said they would agree to it and she emailed me today and said send the order over to them she also explained that the Judge is not bound to remove the CCJ only if he thinks it should .
Thats where am at but i don't have a clue about how to set my case out for the Judge to approve it , i have the Tomlins Template but i still have to make it look worthy of him/her ruling in my favour,  this is where i need help off any of you guys with this matter.
I really do look forward to your help and also is it expensive to do ?
Thanking you all in advance...

Coupon-mad

Ask Elms Legal to send you over a draft Tomlin Order. i.e. if you are offering to pay in full, make the solicitor do the order before you pay. Ask that the basis for setting aside the CCJ be stated that evidence has confirmed that the landowner was at fault and had authorised the vehicle, thus whilst the claim has been settled, both parties agree the CCJ should be set aside.

I too am not certain the courts will agree. You can't ignore a court claim.

jugsy58

Hi and thankyou for your advice i have sent the request to Elms Legal and will wait for a reply, do i need to provide evidence to the court ? and also how much will i have to pay to get this done will Elms Legal charge me even more if i ask them to set the order up ?  thankyou julie

jugsy58

Hi,i asked Elms Legal as you said and set it out in the way you stated and they refused blank said they are unable to do the order and send it to them. i have asked them for a little time and now how do i do it shall i download the Tomlins Template and fill it in just how you said on your last post ?
Is this all i put on the  template or do i need to prove what i am suggesting ?
Any help would be great at this stage . thanks