CCJ Help Please

Emma1516

Good evening everybody 

I have recently found out whilst searching for a mortgage that I had bad credit, so I logged into equifax to find out what was going on and it says I have a ccj issued on 7th April 2022, I was very confused as I had no idea what this was for, so I contacted a ccj removal specialist who told me it was from DCBL and most likely to be for a parking charge !

I rang DCBL to get the Information and they said it was parking at a retail park for over the allotted time in august 2016 !! So I now remember the initial letter I received about this at that time, I had called and explained the reason it had taken us a little longer was due to the fact my mum had ulcerated legs and took her a lot longer to walk anywhere and I never to this day heard anything else so assumed it was cancelled.

Now I found out I have this ccj against my name which seems very unfair and I’m not really sure what I need to do, I have read all the posts and seen the templates so my understanding is I need to fill out an n244 and pay £275 is this the best thing to do or do I just pay the charge, I can’t really afford legal fees so am hoping to fight it myself, Please could I have some advice as to whether it would be worth it, the address on the ccj is correct so I’m not sure why I haven’t received anything, although I have had previous postal issues so could be the reason, any help would be greatly appreciated

many thanks

Coupon-mad

I have read all the posts and seen the templates so my understanding is I need to fill out an n244 and pay £275 is this the best thing to do?

Yes, and you don't need a solicitor.

You should get the £275 hopefully ordered by the court to be paid back by the parking firm for not checking your address before issuing the claim (because it probably went to your old address - that's not OK).  From what you describe the PCN was unlawful anyway, because under the Equality Act 2010:

http://news.bbc.co.uk/1/hi/uk/8488737.stm

See how old that article is, it even pre-dates the Equality Act!  Supermarkets have known this is a problem - and disability discrimination - for over a decade.

Have a read over the weekend of the recent set aside threads by people like @Jack5656 (CCJ already successfully set aside) and @eb23456 who has just finished his/her paperwork to submit their case, so they are just ahead of you.

First thing to do is ring the CCBC at Northampton and ask them for a copy of the particulars of claim and also which address the claim was posted to, and when.

Emma1516

Hello thank you so much for the reply, my address is correct as I haven’t moved since 2007 which is why I don’t understand why I haven’t received any paperwork, I’m hoping it hasnt looked like spam mail and I’ve thrown it away, although I have had postal issues before as we live on an Avenue and sometimes our post is send to a little close off of the Avenue, we’ve had the same with parcels !! @Coupon-mad this is why I’m wondering if it’s worth appealing, I am going to log a complaint with royal mail

Coupon-mad

No, you need to firstly ring the CCBC.  Maybe the address was wrongly shown in the system.  You need to ring up for a copy of the POC anyway, as I said above.

Emma1516

Thank you again I did call them yesterday and they confirmed my address details were correct with me @Coupon-mad I’m so confused as to why I haven’t received anything as I have had no chance to defend myself, Why aren’t letters of such high importance sent recorded 😩

Coupon-mad

OK, so do a SAR to the DPO of the PPC (not the solicitor) now and get copies of all the letters and photos.

 DO NOT WAIT FOR THEM TO RESPOND, BUT EMAIL THAT TODAY (FRIDAY).  IT WILL BE USEFUL AT THE HEARING STAGES.

You will have to proceed  PROMPTLY - next week - on the basis that you genuinely were not served with the claim and have put in a claim and complaint to Royal Mail, because the CCBC are saying that the claim was sent to the right address therefore a postal issue must have occurred.  

Then you'd have to go into detail about the fact that CPR 13.3 provides for a set aside that may be allowed if there is 'good reason'.  Then explain that you appealed back in 2016:

I now remember the initial letter I received about this at that time, I had called and explained the reason it had taken us a little longer was due to the fact my mum had ulcerated legs and took her a lot longer to walk anywhere and I never to this day heard anything else so had the honest belief that it was cancelled.  Nothing further was heard until the shock of me discovering the CCJ in June 2022.  I logged into Equifax to find out what was going on and it says I have a CCJ issued on 7th April 2022.

...then add the info I gave you about the Equality Act and attach medical info about the disability of your passenger.  Add that because the parking firm knew about this because you called, they were no longer entitled to pursue the PCN and it should have been cancelled immediately to end the indirect discrimination. Disabled persons with protected characteristics cannot be held to arbitrary time limits applied to able bodied persons if it causes detriment (which this did, and the Claimant knew back in 2016). Supermarkets are well aware of this (BBC article explains, as does the indirect discrimination section of the EA 2010 and the EHRC statutory Code of Practice for Service Providers, in a section about 'tours' and time limits).

D_P_Dance

Read this, it may be of help.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html

Nothing was done. 

Emma1516

Hey @Coupon-mad

Thank you so much for your time and advice, I have just emailed Highview parking with a subject access request and I used the template from the forum, I have also emailed a complaint to Royal Mail, shall I proceed with the n244 immediately our await a response,

thank you again, I very much appreciate your help as I was getting very confused with how to go about fighting it 

Coupon-mad

Crack on with a N244, WS and evidence of the passenger's disability next week. Can you prove you appealed in 2016 or did you only phone them?

Emma1516

@Coupon-mad will do thank you, I only phoned them but assumed it cancelled when I never heard anything else 😩

Emma1516

@Coupon-mad do you think I would have a case or would it be better for me to ask for a consent order ?

Thanks again