Unpaid parking charge - CCJ received at the old address along with Notice of Enforcement letters

jennijenjen

Hi I would like to get help on dealing with CCJ from an unpaid parking ticket.
I feel quite stupid as I could have just paid for the ticket when demanded, now I have this CCJ which will remain on my records for 6yrs. I’ve read the newbie’s section and many other articles but the legal wording is very confusing for me so I apologise for my ignorance in advance.


6th Apr 2020 - I updated the address on my Driving Licence, not knowing this was not linked to V5C. Car taxes were notified and paid online since then.

30th Jun 2020 - Parking ticket received (I moved in with my boyfriend and struggled to find a free parking around the area, bf suggested parking at the adjacent block of flats where I received the ticket. I didn’t see if it was for residents only, but maybe they had signs. I parked there for half a day until I eventually found a free space within our block) but boyfriend said I shouldn’t have to pay for it since it’s managed by cowboy private parking companies and they can’t do anything if I didn’t pay. I just relied on his words! I’m normally good at paying for anything that’s demanded…


[From this date, I’ve only found out about these recently as I visited my old flat that’s been rented out since Jul 2020. Tenants didn’t inform me that I had letters and kept them by the entrance in a pile.]


6th Jul 2020 - Tenants moved in to my old flat.

3rd Aug 2020 - CPM sent me a letter demanding £100 charge.

3rd Sep 2020 - Debt Recovery Plus sent a letter demanding £160 charge.

9th Jul 2021 - Gladstones Solicitors sent a letter demanding £170 charge. Including £70 “claimed by our Client for the time/ resources spent facilitating the recovery of the unpaid parking charge notice(s) pursuant to its ATS/s Code of Practice and the Terms and Conditions of the Contract, which was entered into upon the driver of the vehicle entering the Relevent Land”

6th Oct 2021 - Judgment for Claimant letter from the County Court received, however I don’t see any letter ‘inviting’ me to court? Can they do this without me knowing? Surely my name and address were already in the new Council records, they could have traced me here if they wanted to sue me?

8th Oct 2021 - Gladstones Solicitors sent a letter demanding £293.08 charge saying that they recently obtained a CCJ againt me. Then warning that if I failed to pay their client instructed them to pursue enforcement actions. They attached estimated claim value including £170 debt, £35 court fee, £80 fixed solicitors’ costs.

9th Feb 2022 - Empira sent Notice of Enforcement demanding £293.08, and stating their client intends to obtain one or more of - County Court Warrant of Control/ Attachment of Earnings Order/ Information Order. All with costs.

9th Mar 2022 - Empira sent another Notice of Enforcement demanding £293.08, stating that they identified that ‘Warrant of Control’ to be the most suitable method to enforce which will increase my debt by £124. Interestingly, they mention that they made credit checks (which is usually very good apart from this CCJ!) on me and they were satisfied that further enforcement action was necessary. Surely they would have seen my new address on my credit records even at this point.



I’m really scared that I’ve found all these letters now dating back almost 2 years. Could you please advice what my course of action should be please? On a side note, I participated in Staircasing of my boyfriend’s flat in December but nothing about this CCJ came up. I only found out because I happened to drive by the area of my old flat and decided to check in with the tenant.

I have watched the Channel 5 programme mentioned somewhere on this board, and someone said that this type of case is the worst, i.e. receiving demands at the old address. It feels it’s so late and I am helpless.

Thank you in advance.

knightstyle

First have a good read of this  https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest
There are experts on here who will help BUT they are inundated with requests when the answers are usually in the above. Experts have 1000s of thanks by the way.
When you post here remove personal info and claim numbers etc.   
As you have a CCJ you need to get it set aside.  There are threads on here where people have done this, but do not think that is the end as the parking company can come back for the original penalty which you can fight using the above guidance.
Here is the advice given on an earlier thread a couple of years ago but hopefully still relevant......

"Choices are

1. Apply for a set-aside using the N244 form. Pay the £255 fee and get a hearing where you tell the judge that the papers were not properly served and you have a defence. Just will most likely grant a set-aside.

Between the set-aside and the rehearing, you can offer to pay the claimant's demand. Set aside will have removed the CCJ and the payment will have removed the basis for a further claim. So you'll have a clean credit record at a cost of £??? plus £255.

2. Option 2 is to pay the £700 but the CCJ stays on the account marked as "satisfied" which will have a detrimental effect on your ability to get a cheap mortgage. It doesn't always stop getting one, you just pay a higher level.

So the methods are there. You just have to work out which are cheaper."

So good luck and please ignore advice by friends and other places on t'net,  A lot to read and learn but you can get the CCJ removed and get your costs back if you are careful.

jennijenjen

Thank you @Knightstyle - I wasn’t sure if I was still within the timeframe of getting ‘set aside’ since it’s almost been a year but I will pursue this! Hopefully the judge will understand.

Also appreciate all help that I can see on this board. Everyone’s doing this out of their own time, which I truly admire.

KeithP

jennijenjen said:

I wasn’t sure if I was still within the timeframe of getting ‘set aside’ since it’s almost been a year but I will pursue this! Hopefully the judge will understand.

The one year isn't so important.
The more important thing is that you act in a timely manner once having discovered the County Court Judgment.

jennijenjen

Thank you @KeithP!

Another question if you don’t mind. Before receiving CCJ letter, don’t Courts send any official letter to indicate that I have been sued or summoned? How can one find if we were asked to attend a court hearing?

KeithP

jennijenjen said:

Another question if you don’t mind. Before receiving CCJ letter, don’t Courts send any official letter to indicate that I have been sued? How can one find if we were asked to attend a court hearing?

Yes they do.

Once the Claimant raises a Claim, the County Court Business Centre in Northampton sends you, the Defendant, a County Court Claim Form together with instructions on how to deal with it.

After approx two weeks, if the Defendant hasn't responded to the Claim, then the Claimant can seek a Default Judgment and the County Court Business Centre writes to the Defendant confirming this. This appears to be what's happened.

You seem to be missing the Claim Form and the paperwork that came with it.

Coupon-mad

As well as reading the NEWBIES thread section on set asides and the old examples I linked there a while back, read the thread by @Jack5656 which is a 2022 example that has the answers to all your questions on how to set aside a parking CCJ.

jennijenjen

@Coupon-mad Thank you for reminder and thank you for all your help.