CCJ Issued for Parking Charge Notices

fr33zy

I have a CCJ on my credit report, dated May 2022, related to two unpaid parking charge notices from late 2020.

The outstanding amount is currently £550 with a parking charge enforcement company.

I was out of the UK for almost two years, I returned back about six weeks ago and am looking to get this sorted now.

I have been previously advised by the forum to apply for a set aside because the claim form was not properly served since you were out of the country at the time.

I spoke to the enforcement company today, who said I should pay the outstanding balance in full before applying for the set aside.  If I do not, they will oppose it.

I have tried reading the threads on the forum but its a little too much to process.

If I apply for a set aside £275 and I am successful, am I still liable for the original fines and the outstanding £550? Is it too late to apply now given I have already been back for several weeks?

Coupon-mad

 spoke to the enforcement company today, who said I should pay the outstanding balance in full before applying for the set aside.  If I do not, they will oppose it.

Let them oppose it!  No paying it!!

Paying it doesn't remove the CCJ. Eek!

It is not too late to apply and no, you are not liable to pay the PCN sum, you get the CCJ reversed (asking the court to make the Claimant pay your £275 back due to their conduct in not checking addresses) then you defend it, then they'll probably discontinue and it will be 'scam over' at no cost.

See the thread by @Brokenchief

Copy what he did.  Easy to follow.

Which PPC?

Which solicitor?

fr33zy

Thank you @Coupon-mad

Coupon-mad said:

 
Which PPC?

Which solicitor?

- Private Parking Solutions Ltd

- Gladstones Solicitors

- Case has now been passed from solicitors to Empira Enforcement Agency.

Empira said if I pay the fine before applying for the set aside, they will not oppose it - thats the only difference.

I don't understand the "conduct in not checking addresses".  My address was correct, I was just not in the country to receive any letters or notices before CCJ was issued - which I thought would be a legitimate reason for the set aside.

I just want the CCJ removed.  If Ihave to pay the original charge for the fines, i'll do it.  Its probably a scam but I didn't see the signage saying it was private land and I'll be more careful in the future - but I don't deserve a CCJ and £550 costs.

KeithP

fr33zy said:

- Case has now been passed from solicitors to Empira Enforcement Agency.

Just for your information...

EMPIRA LTD - Company number 13256532

Registered office address
Unit B 1st Floor 210 Cygnet Court, Centre Park, Warrington, England, WA1 1PP

GLADSTONES SERVICES LTD - Company number 13256533

Registered office address

Unit B 1st Floor 210 Cygnet Court, Centre Park, Warrington, England, WA1 1PP

John Llewellyn Gladstone DAVIES

director of -
- EMPIRA LTD (13256532), and 
- GLADSTONES SERVICES LTD (13256533)

find-and-update.company-information.service.gov.uk/company/13256532
find-and-update.company-information.service.gov.uk/company/13256533

fr33zy

@KeithP I had a feeling these were the same company.  Same automated message when you call and same unreasonable wait time before someone answers.  Ironically, when I asked Empira for a breakdown of the outstanding total, they said they do not have this information and I would need to contact Gladstones.  They could only see the total.

Coupon-mad

That's true as they are a bailiff arm of Gladstones so probably can't see all records.

But you can see how this scam works, can't you? 

- add £70 per PCN and bang out a letter or two to an old address, with no checks made

- bang in an automated court claim for just a £35 fee, and add another £50 on top of the false £70 add-on, plus 8% interest going back years, again knowing you haven't bothered to do any soft search for the recipient's current address

-  bang in a default judgment and wait for the victim to realise and panic and ring you up, or even better, set up a 'bailiff arm' to layer on even more 'fees' to intimidate the victim 

- you are safe in the knowledge that setting aside a CCJ costs a huge £275, which puts people off trying

- frighten victims by telling them you will oppose any application to set aside the CCJ (so what if they do?! Their case is weak and CCJs are mandatory to be set aside if claims were not properly served - CPR 13.2).

Clever, innit?

Umkomaas

Why have you been hanging around dealing with this?  You've been aware of the CCJ since at least 14 July 2022 when you opened the following thread for advice in dealing with it. 

https://forums.moneysavingexpert.com/discussion/6372076/parking-charge-notice-and-ccj-issued#latest

This is what @Coupon-mad told you then ...

One major requirement is that you MUST act 'promptly' straight after finding out about the CCJ.  Undefined - but it's not months.

Judges expect set asides to be applied for very soon after discovery. The best you can do is to get the hind quarters in gear soonest and hope it's not too late. 

fr33zy

I'm about to file the CCJ with the courts.  I'm completing the form now.  What should I select as a reason for the appeal?  On this thread its been mentioned you get the CCJ reversed due to their conduct in not checking addresses.  My address was correct, the issue was I was not in the UK at the time the CCJ was served.  Do I select this reason or the reason suggested above, about the conduct in checking addresses

Coupon-mad

It isn't an appeal. Have you got the right form?

N244. It is an application.

Attach proof that you were abroad, and obviously your WS explaining what happened, plus you will need to attach a draft defence otherwise it's possible a Judge might not agree to set aside this correctly-served CCJ.

You can't talk about their conduct if the claim was sent to the right address.

A case fairly similar to yours (she was also abroad) is the one by @SoJacob which shows her WS and application and her later defence she's just drafted.

But in your case, I say you should file it all at once, to try to meet the bar of showing good prospects of defending a claim you knew nothing about.

Get all this emailed tot the CCBC THIS WEEK.  You have list months on this and cannot be held to have 'acted promptly' which the Judge will consider - so just do it now!

Plus download a N180 to include in your bundle. Like in SoJacob's case it is vital to tell the court about any future dates when you are going to be unavailable to attend a hearing.

You have to pay the CCBC a £275 fee for this application, (unless the applicant is on a low income and qualifies for help with fees).

fr33zy

I am sending my N244 form today but I have some questions.

I am appealing for a set aside based on the fact I was out of the country when the CCJ default judgement was issued. I have proof of entry and exit out of the UK from 2020 to 2022.

Now onto contesting the PCNs and/or the debt of the PPC (£550)

The original two PCNs were dated in June 2019

I received no correspondence from the PPS (Private Parking Solutions) regarding these PCNs.

The first I heard about these, was when I got the default judgement letter dates May 2022.

I did receive letters from the same PPC in May 2021, related to two different PCNs from Nov 2020

I called them up and paid these two fines on my return in August 2022 (£170 each)

Now what do I appeal to the courts for?

I will obviously be paying the £275 set aside fee with probably no recourse to claim this back from PPC

What about the sum they are asking for £550?

Its two fines of £100, plus £70 fees on each, plus 8% interest plus £100 court costs.

Do I hace an appeal with the courts to reset this back to the original £100 fines?

Or should I just pay up the £275 and £550

Coupon-mad

I called them up and paid these two fines on my return in August 2022 (£170 each)

Ouch. Why?!  No-one here pays £170. It would have been cheaper to defend those in court.

These are not fines.

Do I hace an appeal with the courts to reset this back to the original £100 fines?

As I said before, this is not an 'appeal' it is an application to set aside the CCJ.

Again, they aren't fines and you are NOT resetting them back to £100.  You are applying to remove the CCJ and then defend these things.


should I just pay up the £275 and £550?

Eeek no!!   Applying to set aside the CCJ DOES NOT involve paying the charges!

I did already tell you this:

spoke to the enforcement company today, who said I should pay the outstanding balance in full before applying for the set aside.  If I do not, they will oppose it.

To that I said:

"Let them oppose it!  No paying it!!"

Why have you not acted promptly as advised? The Judge might well refuse your application due to 4 months passing since you found out about the CCJ.