CCJ from a private car park

Coupon-mad

Nope this is normal - well done!

Dud the Judge agree that the C must refund your £275 fee?  Did you remember to ask about that and get that ordered back too? 

You can defend the PCN too.

What did the judge say, do you now have 14 days to defend?  Easy!

Do not 'discuss' the case with BW Legal.  

JaySH

So somehow I was expecting a different outcome. The CCJ is removed. The judge is now leaving BW Legal 7 days to contact me to try to reach an agreement about the parking fine and try to avoid going to court again if possible.

The initial PCN was sent to the right address in August 2020 and then final letter was sent just before I move to another address apparently. BW Legal did soft traces to the wrong address three times after January 2021 but the judge says it wasn't their fault as the information given to them was wrong but they did the right thing. So I did not get a refund unfortunately.

Now I have 14 days to either have an agreement with them or defend myself. They set aside the CCJ based on CPR 13.2.

I am losing money here and not sure if it is worth now going to court again (as I guess I will have to pay for another fee), but at least the CCJ is now removed (as far as I have an agreement with them). I haven't heard from them yet.

B789

You don't pay another court fee unless you lose and that would only be £35 plus £50 solicitors fees.

It sounds like BW Legal may have been ordered to reissue the claim from scratch.

JaySH

If the re-issue the claim from scratch would be ideal, but before going to the hearing were asking for around £257
I will keep you posted

Coupon-mad

JaySH said:

If the re-issue the claim from scratch would be ideal, but before going to the hearing were asking for around £257
I will keep you posted

What EXACTLY does the Judge's order say?

We want to help you defend.  Very easy.  No fees.  You've presumably found the Template Defence thread and are writing it as we speak?

This is all normal; except not getting your £275 back which is odd, given the info we provide tells you to argue that sending a claim to an old DVLA address is a clear breach of the Code of Practice and I doubt BW proved with evidence, that they actually did a soft trace.

JaySH

So I have called them as I haven't received a Judge order yet. They don't have it in the system yet. Even the lawyer was telling me when I left I have nothing to defend myself, as the PCN was sent to the right address (which is the truth) as I moved out after getting the PCN, but as mentioned before I never got a hearing date to defend myself to the right order. I thought the judge will dealt with this at this hearing, and that I didn't need to go to another hearing.
When I sent the witness statement I went through all the CPR points (claim is dead, DVLA info, IPC code of practice, etc) so why do I need to go to another hearing?
I feel this is an extortionate amount of money for just coming 40 min late but at the same time I don't want to end up with a CCJ again.
 

Coupon-mad

Because the second hearing is about the PCN itself.  Nothing to do with right/wrong address being used.

What happened in the day of parking?

What was the PCN issued for?

Did you know about it? Did you appeal?

JaySH

Contractual breach in a private car park. PCN was issued as I failed to comply with the terms and conditions displayed. I came back 40 minutes later. I never replied to the first letter or appealed. I agreed I should have done something about it, but I decided to leave it as it is as I was advised wrongly. Two years later then find the CCJ when applied to credit.
They failed to send me any letters after January 2021 to the right address and I never managed to defence myself.
Am I still able to defence myself based on the amount claimed? Or best to pay and move on?

Coupon-mad

No, I was asking:

what EXACTLY was the PCN issued for?

Not 'what do the vague claim form particulars say?'

Why were you there?

Were you a legit visitor?

What sort of car park?

What did you do wrong?

JaySH

I was surfing in Sandy Acres (Hayle) it was in one of the breaks through the pandemic. I came back to the van 40 minutes later. I am a regular at that carpark. To the carpark payment machine you also need to drive, as it isn't nearby.
I guess what I did wrong is coming late, not paying the PCN and now having a CCJ as a result of that (which I wasn'aware)