Satisfied CCJ - HELP!

eb23456

Hi everyone, will try and keep this short but I'm in desperate need of some help!

I found out last Wednesday (15/06/22) about a CCJ from September 2021 for £274 from Britannia Parking Ltd (through BW Legal). I'm only 21 do this came as a shock to me and I have no idea how to navigate through this. I have applied for a job in the police and it's taken almost a year but I'm finally through to the vetting (the last bit) - it was a vetting officer who notified me of the CCJ and asked if I was going to pay it off. The police will fail your vetting if you have an outstanding CCJ. So essentially, I had to pay it otherwise I would lose the job - couldn't wait months to go to court to try and have it set aside. So I paid it. After reading through this forum I realise that was probably a mistake but I wasn't willing to lose this job. 

I called Northampton County Court to ask for details of the claimant and they told me it was BW Legal, called them (another mistake I know) and they explained that an ANPR camera caught my car - no details as to how long I was there for or any pictures - on 26th May 2020. The address they'd sent correspondence to was my childhood home which I haven't lived in since Sept. 2018 as I moved away for uni. My car stayed registered to that address on insurance and V5 because it was there for the majority of the year (approx. 9-10 months). BW Legal rep said they had done three searches between June 2020 and August 2021 to find my address and that because it never changed they kept sending letters there. I said I haven't lived there in four years and all it would take is a search on the electoral roll or my drivers license to see where I actually lived. My mother still lived at the address but we haven't spoken since I moved out in 2018 and as far as I'm aware she bins all post that arrives addressed to me as I have never had anything forwarded. 

I spoke to a solicitor for a free consultation for some advice and because of the situation with the police they advised to pay it off in full straight away and then look at getting it set aside after. He thought I had "very good" prospects of getting it set aside as the address was wrong. I called BW Legal again and paid in full - the rep (a different one) then said that I could contact Northampton court to get it "taken off my record". So I did, they sent me an email with the N244 form and advised me to send it back ASAP with a witness statement and any evidence I have of living at a different address. Been trying to figure out how to do that over there weekend and have just called BW Legal now to ask for copies of the letters they sent as well as the claim form. They said the claim form would've been sent by the court and that they cans end me copies via email. The guy initially tried to say they wouldn't be able to because the case is closed now that I've paid - but I fought him on that point and after speaking to his supervisor came back and said they'd get emailed to me - ridiculous. 

This third rep also said that what the guy said about going to the court to get it set aside after I paid was incorrect and that he shouldn't have said that. He said that effectively because the case is closed on their end they would not be willing to go to court again and so any consent required to do so would be denied. I said that another agent had previously said otherwise and they had said that if I drafted a consent order and emailed it in then it would be reviewed and returned to me. He seemed taken aback by this and said that I would have to seek independent legal advice from now on. All a bit of a sh*t show if I'm honest!!!!

Now I have no idea what to do - do I try and fight it in court? It was served to the wrong address and from what I've read on here the steps they took to find my address were not adequate and the fact that they supposedly looked three times for my address is also not allowed?!

If anyone could advise on what I could do next it would be greatly appreciated!! This has all been very stressful and obviously the implications of a CCJ are a killer in terms of getting credit or renting anywhere so the next six years aren't looking very hopeful for me unless I can get rid of this!!!  

Coupon-mad

You don't need their consent and BW Legal are not the claimant. If you have a copy of the claim you know who the Claimant is. If not, ring the CCBC and ask for that and a copy of the particulars of claim.

Put in a N244 set aside application without consent (fee is £275, which you will later argue to be refunded to you by the claimant - who is not BW Legal) as per the CCJ set aside section of the NEWBIES thread.

Latest example is by @Jack5656 so copy what he did. Stop phoning up the time-wasters.

eb23456

Thanks, so should I not bother trying to get consent? No Britannia Parking Ltd are the claimant - their lawyers are BW Legal I believe. Just worried because it's already been satisfied. I don't have a copy of the claim but I've been given the details from both the court and BW. Will have a look at what you've said. Thank you again for your help!

Castle

eb23456 said:

Thanks, so should I not bother trying to get consent? No Britannia Parking Ltd are the claimant - their lawyers are BW Legal I believe. Just worried because it's already been satisfied. I don't have a copy of the claim but I've been given the details from both the court and BW. Will have a look at what you've said. Thank you again for your help!

Britannia Parking Ltd are a dormant company; so, it's probably Britannia Parking Group Ltd.

eb23456

Yes possibly!

eb23456

Coupon-mad said:

You don't need their consent and BW Legal are not the claimant. If you have a copy of the claim you know who the Claimant is. If not, ring the CCBC and ask for that and a copy of the particulars of claim.

Put in a N244 set aside application without consent (fee is £275, which you will later argue to be refunded to you by the claimant - who is not BW Legal) as per the CCJ set aside section of the NEWBIES thread.

Latest example is by @Jack5656 so copy what he did. Stop phoning up the time-wasters.

Do you think I have a valid argument to get it set aside now it's already been satisfied? Or am I just wasting time and more money?

Coupon-mad

I don't think the fact it is satisfied affects your set aside argument, if the claim was served to an old address. But IANAL. You can but try.

eb23456

Coupon-mad said:

I don't think the fact it is satisfied affects your set aside argument, if the claim was served to an old address. But IANAL. You can but try.

Thank you, would you mind taking a brief look over my WS and consent order? I'm going to ask BW Legal for consent first purely on the basis that court fees are lesser - if not I'll go the route without consent. Just finishing up my WS now and don't want to leave anything out/get anything wrong! This is all new to me so want to make sure I get it right. 

Coupon-mad

I don't spend time on private messages. Have no time to do so. Post here whatever you need us all to check/comment on. We will help as a group.

You have already tried to get consent. They refused.  You cannot delay a set aside application. Do not wait.  Go for £275 set aside without consent.

eb23456

Coupon-mad said:

I don't spend time on private messages. Have no time to do so. Post here whatever you need us all to check/comment on. We will help as a group.

You have already tried to get consent. They refused.  You cannot delay a set aside application. Do not wait.  Go for £275 set aside without consent.

No of course! I'll post it here. I haven't tried yet to get consent - I just asked on the phone and they said dI'd have to send it in for review, although to be honest I've asked for all documents and evidence for the claim from BW Legal on Monday and chased again today and they said their policy is to return these documents within 30 days and I can't wait that long! I'm basically going in blind as I don't know what they've sent or previously said so I can't say anything about threatening language or anything cause I have no proof of such! Can I state that IO've requested these documents and was told there would be a 30 day wait?

Coupon-mad

Same as everyone does with all set asides here - they go in blind. Jack5656 went in blind.

The SAR should have been emailed to the parking firm not BW LEGAL.

Waiting for a SAR reply does not affect and must not delay your application to set aside the CCJ. it's not needed because this application is not about the parking charge, car park or photos.