County Court Judgment

63realfan

Hey all, 

first post as I’m really stuck and never been in a situation like this before. I’ve received a county court judgment which is in reference to an outstanding parking eye PCN with DCBL being the ones pursuing it. I’ve been instructed to pay £305 and quickly learnt the destruction a CCJ on file can cause which has left me with about 3 sleepless nights and a whole body of anxiety. 

So before anyone thinks it - I’ve read a forum before that said you can ignore companies like Parking eye etc as they have no power to enforce but to not ignore when parking eye are pursuing court action. I’ve had a PCN before that I ignored which escalated to an LBCCC letter. Luckily the landowner let me off as goodwill for the reason I stopped so long which was to sleep at a service station. 

Over the years I think I’ve received maybe 2-3 but only 1 from parking eye of which I can think of and it was one I appealed and lost which was December 2017!! However I can’t confirm as I generally haven’t received any letter from DCBL saying they’re going to court or anything from the court so I’m lost to what PCN it actually is. I’ve turned the house upside down looking for any letters, I never not open letters so it’s odd that I’ve missed one so important. 

Surely these kind of letters should be registered post so they are sure the defendant has received the post? I’m generally gutted as I would have not ignored the letter & would of at least paid/or went to the land owner of where I received the PCN. I read online they have 6 years to pursue a court claim so I’m presuming it probably is the one I appealed and lost as that’s the only one I didn’t ignore as it was my first and read a forum after explaining to ignore them. 

I spoke to a page on Facebook about it and all I got was judgemental spite rather than advise on what to do going forward. I really want to know what PCN it is and have been informed I can do a request to parking eye but may take over a month past the CCJ month to pay. Surely if I do a set aside there’s no way the judge is going to take my word that I haven’t received the letter. 

More to the point I’m even more worried about the after effects of the CCJ. I did read someone that if you pay it within a month you can apply to have it taken off the system..is this correct? It’s annoying as I generally don’t know what the PCN is and if I could defend against it. I’m presuming if it’s the one I appealed then I’m screwed anyway, would the best thing to be is to just pay the CCJ? So annoyed that I cannot even ask who the land owner to cancel is it. I can’t believe parking eye/or DCBL won’t just tell me where it is over the phone? I think it’s so wrong you can just get a CCJ but when people generally haven’t seen or maybe received their post that they can’t say what it is about. 

We also had the Royal Mail strikes the last few months which may of affected the post that I should of received? 

Another thing I wanted to mention is it worth calling their bluff and saying I’ve sent the paperwork off they sent me but because of the Royal Mail they haven’t received it? Obviously this is a blatant lie as I haven’t even seen the paperwork but I’m just in an awful place with this and confused. 

I know there’s a forum on here already about this but it doesn’t help me in my situation. Just need advise what to do 

I appreciate your time reading this and means the world to me to have a site like this that can help me with the issue. Thanks all in advance for your time and knowledge. 

Luke 

Coupon-mad

Welcome!

If the CCJ is dated January, we suspect the postal strikes stopped you getting the court claim.

OR that DCBLegal were writing to an old address if you moved since 2017 and didn't update the address in your logbook of that car (nothing to do with your driving licence address).  Please check the V5C now...

How did you find out about the CCJ?

Did you get a 'Judgment for Claimant (in Default)' in the post from the court service? When?

Or a demand from DCBL telling you about a CCJ?

Have you read the NEWBIES thread section about how to set aside a parking CCJ?

Boat_to_Bolivia

A lot of your questions will be answered here in the newbies thread

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

Have a read. I'm sure one of the regular experts will be along soon to advise.

63realfan

Hi Coupon, 

I’ve spent about 3 hours the other night reading all your amazing and knowledgeable threads and if I could have hoped anyone replied to me first; it would of been you! Thanks for getting back. 

Yeah it’s dated 18th January. DCBL have not been writing to the wrong address and as I saw in the newbie thread, I cannot get away with that one. I haven’t moved address in 10 years so can’t try claiming it’s to do with another address. I saw the newbie thread but that look like defences all against moving address etc. I’ve received DCBL letters but no serious ones that would of made me panic (LBCCC etc) they were just the usual bullying ones that I previously thought to ignore. I’ve been looking everywhere for that letter as I received the last one in November I think and I can’t remember what one it was to do with but I’m sure it was one 5 years ago.

 I found out it via post as you said with a lovely judgment for claimant (in default) letter. I received this on Saturday 21st Jan. 

Thank you for the quick response. Anxiety gone down for sure knowing I’m speaking to someone so knowledgeable. I know you’ve probably been through this a thousand times with someone before but I have generally scoured the newbie thread but can’t see anything that relates to my situation as everyone on the Facebook site for PCN just presumed I ignored the letter sent before when I can’t generally haven’t seen any letters from court or DCBL that said anything about serious court warning. Every threatening letter from parking eye, horizon etc talk about court and what they will do but don’t always go through with it.

Thanks  

Coupon-mad

Ok so your case is like that of @Sasanova - postal strikes stopped the Claim from arriving (at all).

Copy exactly what they are doing.

63realfan

Coupon mad - massive thanks. Absolute hero. Do you take tips?! Be more than happy to pay for your time 

Coupon-mad

Haha!

No, not allowed here.

You asked this on Sasanova's thread:

I’m just a tad worried I’ll do the set aside and lose as my defence won’t be as strong as Sasa’s. The difference with mine is I literally do not have a clue what claim they’re talking about & I’m worried the judge will say “so why did you not reply to any of the other letters sent out before the court claim letters (the threatening ones with no enforcement). 

Your answer is that the letters bore all the hallmarks of a scam and that (as you say) "I work for the police & have my own business so would HAVE (not 'OF'!) replied to a court claim, to not risk any harm to my business/work caused by a CCJ".

63realfan

Morning Coupon, 


Been having a look last 2 days in between work. The situation continues to grow on me as I feel well out of my depth. 
Determined to not let them win however clock is ticking.

I've checked the unremarkable day parking defence however can't see any that really relate to my situation. The PCN I think that I've been served with is from 5 years ago - if it is this PCN, I appealed this and lost then just continued to ignore. Will this impact my defence as I can't remember what I put in my appeal? I remember roughly but not exactly. Do I have a defence by saying I didn't hear back (I did via email) and haven't been contacted since? What beats me it was so so long ago. I parked in Asda for a 2-3 hours whilst with my friends in town then went back to the car and drove home. I'm hoping I can get the CCJ put aside then go to Asda and explain the situation and have them cancel it. The main issue I have is I do not know what one it is as I've received a few from parking eye over the years. 

Can I have the CCJ put aside then request details of PCN and defend? It's ridiculous as I don't even know what the bloody CCJ is about. I don't want you to spoon feed me with this but I'm definitely going to need you to spoon feed me. Aka, where do I start with the CCJ as the timer is scaring me. Should I call the court and request details etc? 

Sorry if I'm being a pain!

Coupon-mad

There are hundreds of defences that come up when you use the search term unremarkable day defence, and they are all like yours.  Some have appealed many years ago like you did.

It's just a matter of reading maybe twenty of the most recent ones in your search results.  Change 'best match' to NEWEST and work your way down the list, skim reading till you spot a useful one.

Defences are dead easy. We only expect people to write paragraph 3 (the facts about the car park and what you recall or don't recall).  You have never created an easier document! Literally everything else is written for you in the Template Defence.


"Can I have the CCJ put aside then request details of PCN and defend?"

...isn't that what I suggested?

Also, you can ask your Judge to order better Particulars of Claim and photographic evidence of signage, so you can make an informed decision because at the moment you have nothing to go on, yet want to defend.

63realfan

''Also, you can ask your Judge to order better Particulars of Claim and photographic evidence of signage, so you can make an informed decision because at the moment you have nothing to go on, yet want to defend.''

Even if they are told that I've appealed and lost in the past?

Appreicate previous response. Writing my WS up now and will call the courts tomorrow to get the information I need like SasaNova has done. I'm slightly worried the judge will just stand me up in court as ask why I did not reply to the appeal I lost via email. 

Cheers 

Coupon-mad

Of course you can ask for photo evidence and better particulars, given you haven't even seen the claim and the appeal was years ago!

Losing an 'appeal' to the parking industry is normal (expected) because the appeals services are self-serving and a farce.  It is why the Government is in the later stages of the process of replacing the appeals 'kangaroo court' and regulating this rogue industry, as we speak.

You are the victim here.  Stop worrying about having to justify why you didn't accept a refused 'appeal' to mean anything and (quite rightly) considered it a scam and didn't roll over and pay.  And you believed it was all over after all this time.

They are at fault if they used an unchecked old address (can't recall if they did - or whether it was just the postal strike in your case?).