Notice of unpaid CCJ

ghs78

Hi,

I have just received a Notice of enforcement letter which states I have an unpaid CCJ. Is this just another attempt to extract the money before I go to court? As it has not come from a court. Or can a CCJ be issued without going to court?

I followed all the advice regarding appealing and sent a SAR 2 years ago to the company involved. They have been sending correspondence to an old address so only received one letter from Gladstone Solicitors and one from Empira who funnily have a similar address. 

KeithP

Hello and welcome.

The first letter you have shown us is a Letter Before Claim. 
What is the date of that letter?

Did you receive a County Court Claim after that?
If so, did how did you respond to it.?

Looks like your mistake was not to respond to the Letter of Claim and allowing all subsequent communications to continue to be sent to an old address.

ghs78

Thanks,

The date on the LBC is 28/04/22.

I have not received a CCC letter. 

I responded to them back in 2020 via email but heard nothing until the LBC arrived in April.

KeithP

If you have a Letter of Claim dated 28th April 2022 then it simply isn't possible that that is in any way related to the Empira letter, dated 26th May 2022, you have shown us.

The LoC gave you 30 days notice of an intention to start a court claim. 
It is not possible to get from that position to a CCJ within a month.

Check the reference numbers. I suspect you have more than one claim here.

ghs78

That makes sense now.
Does that mean the Empira letter has gone to court?
What do I need to do now in regards to this?

What should I do in regards to the LBC?

Coupon-mad

You MUST respond to that LBC and tell Gladstones to erase the old address and note which one is correct for service.

You should absolutely never have ignored that LBC. Even worse that you are letting them hold two addresses and haven't told them which to use. This was VITAL to put right and gain control of in April. Oh dear...

I think it is possible that they then filed a claim at the start of May to the old address, and then got a default CCJ in the final week of May.

Ask Gladstones what the Empira letter relates to - same case or another - and why did they file the claim to a known old address?

I am not telling you to phone them.

Empira is owned by John Davies, same as Gladstones.  This is their new wheeze.

KeithP

Coupon-mad said:

I think it is possible that they then filed a claim at the start of May to the old address, and then got a default CCJ in the final week of May.

But with a Letter of Claim dated 28th April 2022 that gives 30 days notice of an intention to start a court claim, it is going to be the middle of June at the very earliest before a default CCJ can appear.

The only way that could happen is if Gladstones  ignored their offer of thirty days notice.

Castle

The Letter of claim refers to Defence Systems Ltd t/a Park Watch; whilst, the Empira letter, (and CCJ), refers to Horizon Parking Ltd; so two different PPC's. 

Castle

What's the betting that they only got the new address for the LBC dated 28th April for Park Watch Ltd; (just 8 days after their first LBC to an old address), after getting the default judgment on the Horizon Parking Ltd claim?

ghs78

It is two different claims as I’ve just looked back at the reference numbers.

The LBC dates back to 8/09/18. As it is dated 28/04/22 it has passed 30 days now so is it pointless trying to contest it?
Shall I pay it?
Unfortunately a lot of our mail gets delivered to our neighbours as they are 23a and we are 23 so it has taken a few weeks to get the letter as I work away. I was given the PCN whilst I was waiting for a child space to become available sitting in the car with the engine running . This can be seen on the pictures they sent with the original PCN.

The Notice of enforcement relates to a PCN from 02/03/19 . This PCN was issued due to the restaurant/ bowling alley not issuing us with extra time to park while using their establishments.
Is there anything that can be done with this or is the CCJ now on my record?

I appreciate your help.

ghs78

Castle said:

What's the betting that they only got the new address for the LBC dated 28th April for Park Watch Ltd; (just 8 days after their first LBC to an old address), after getting the default judgment on the Horizon Parking Ltd claim?

That’s exactly what I was thinking