CCJ's from parking tickets whilst in an IVA...

DisneyGirl88

Hello! 

Such an informative forum - ive read the NEWBIES page, I know everyone says this but I cant find any information on appealing CCJ parking fines under IVAs. I must note that I am no longer in the IVA, it is paid and comes off my credit file this year. I am appealing the CCJs now because the parking company has filed a recent CCJ in 2019 from a fine in 2017 to an old address...

I have written the below for my appeal N244 - would someone mind looking it over for me if possible?

In August 2017 I applied for an IVA, due to having many parking fines issued at my place of work (I was authorsied to park in this location) 

Though I was paying these fines, it got out of hand very quickly, I had 17 at one point and I was issued with a CCJ in August 2017 (case ref) I decided then to turn to an IVA to help and consolidate the debts and ensure they were being paid and the fines didnt escalate further. Ref 1 evidence. 

Case number - X (second CCJ) was issued in November 2017 even though the claimaint was aware that I was in an IVA and thus all correspondence were going via my solicitor.

Its my belief that the judgement should not have been issued as the debt was within my IVA. I am aware that I am near to the 6 year date of the CCJ (and close to it expiring) however the reason for this request to set aside is that I have recently discovered through a credit check service, a further third CCJ (X) issued in 2019 for a fine from 2017. 

I have tried to contact Gladstones and the parking company to dispute this, but have received no response. The CCJ was issued to my previous address that I have not resided since May 2018 (ref 2 evidence) and thus was not aware of the judgement, or had not received any correspondence regarding this. 

For the reasons explained above I believe that the above CCJs should be set aside.

Coupon-mad

Why did your solicitor tell you to pay parking charges that you could have defended/set aside and paid nothing? These aren't fines.

These are not real debts (not fines, as I said already) so should never have been added like debts to an IVA and started paying them as if you were liable.

Hopefully you qualify for help with fees and can apply for a set aside free of charge?

Did you receive the claim forms?

How many separate claims from the same parking firm (note I'm asking how nanny actual court claims, not how many PCNs)?

Which PPC?

Which solicitor?

DisneyGirl88

The solicitor was through the IVA and whom set it up (initially Harrington Brooks but then changed), it was 6 years ago and I was worried/naïve and starting to receive debt collectors etc from the fines.

Essentially its too late with the IVA but the more recent CCJ that has been added (2019) from 2017 which is mainly what I am wanting to set aside, (however the other CCJs from 2017 shouldnt stand as I was in an IVA.) I don't have information on the 2019 CCJ only the reference number as it was sent to an old address, the court has told me that its from a fine from 2017.

Im going to send the N244 application but wanted to check the wording and why I'm asking for help now. Would appreciate you giving me your thoughts on what I have written above for the N244 - thank you so much  

DisneyGirl88

...was going to send the N244 via email, Im just waiting for you guys to look them over. At this point Im happy to pay the court fee, I just want the CCJs to be set aside and it to be over! 

Coupon-mad

These were not fines.  Why would any solicitor treat these as debts? You were badly advised.

Please could you answer all my questions?

DisneyGirl88

I have no idea, but at this stage that's not going to change anything. The IVA has been paid, I just need help with the set aside 

Coupon-mad

Please answer my questions and we can assist.

DisneyGirl88

I dont know why the fines were included as debts, as I said I was naïve it was 6 years ago and I would have agreed to anything to make the debt collectors stop! 

The only reason I set up the IVA was because the fines got out of hand (I had 17 at one point - I was paying them but couldnt keep up) I think the solicitors just wanted my business for an IVA - the reason for the IVA (and the fines) are even stated on my paperwork (they added things like my credit card and a store card in the IVA but I wasnt in arrears with that or anything - I was only in a mess because of the fines)

If I could take it back then I would but like I said, Im just trying to deal with what I can change now

Boat_to_Bolivia

Coupon-mad said:

Why did your solicitor tell you to pay parking charges that you could have defended/set aside and paid nothing? These aren't fines.

These are not real debts (not fines, as I said already) so should never have been added like debts to an IVA and started paying them as if you were liable.

Hopefully you qualify for help with fees and can apply for a set aside free of charge?

Did you receive the claim forms?

How many separate claims from the same parking firm (note I'm asking how nanny actual court claims, not how many PCNs)?

Which PPC?

Which solicitor?

Please answer CM's questions.

DisneyGirl88

How many separate claims from the same parking firm:
I will find this out, I know that it went through Gladstone solicitors but I dont have any details of the last CCJ as all the information went to an old address, I only found out about it through a credit ref site.

Did you receive the claim forms?
Do you mean the N244? I have them on line and plan to send them via email with the evidence 

Which PPC?
Can you just clarify what a PPC is? The bailiff or court?

Which solicitor?
Harrington Brooks, but then they changed hands 

Hope that answers what you need 

DisneyGirl88

How many separate claims from the same parking firm:
I will find this out, I know that it went through Gladstone solicitors but I dont have any details of the last CCJ as all the information went to an old address, I only found out about it through a credit ref site.

Did you receive the claim forms?
Do you mean the N244? I have them on line and plan to send them via email with the evidence 

Which PPC?
Can you just clarify what a PPC is? The bailiff or court?

Which solicitor?
Harrington Brooks, but then they changed hands 

Hope that answers what you need