6 PCN's and a historic CCJ

63realfan

Hello all again, 

Its me again and back but helping a friend who isn't as fluent with English, especially this complicated topic. My best friend has recently discovered he had received a CCJ and where I know this process now I firstly wanted to post about the situation to get some advice as it has left my scratching my head on the best way to play this. I also know how extremely stressful the process is with appealing etc so I really want to take as much stress off him as possible. 

So to start - my friend received a PCN from who I believe was parking eye back in 2021. I told him back then to ignore the letters and not park there again. Evidently, he listened to me about ignoring the letters but carried on parking in this same place (behind his work) and ended up racking up 6 charges over a week of parking there. I think he most likely received one letter but didn't see the others as this was in the same week, not sure. 

Anyway, moving forward to present, he done a credit check as his remortgage is coming up and noticed his credit score has dropped significantly. He contacted Experian who told him what happened and ofcourse he called CCBC in a panic who gave the brief particulars of what has happened and that there is 6 PCN's amounting to a payment of £1400+.

There is however a small glitch in the timeline where he may of changed address before he received any letters. To his knowledge, he had no clue he had 6 letters or he may of seen this but chose to ignore them (not 100% sure) - he's currently back in his home country of Iran at the moment so only grabbed brief details before he went home. 

To give a run down of the time line, as follows -

He lived at his address of which he received a letter from a rogue company but then was homeless (temporary living with me) from November 2021 - 19th January 2022 where he changed his address on his DL at the end of January when he moved into an apartment he brought. He received the CCJ on 11th April 2023. I did query if he informed DVLA of his temp living with me of which he didn't as he was awaiting to move into his new build and came to live with me to save on some extra money before he moved in. 

so I'm guessing what has happened is as he moved out of the address and what I originally thought was it was quite tight between times however when I stepped back and looked at it from afar, he got given that CCJ in April 2023 which means that clearly Parking eye have not done an updated driving licence address on my friend and have clearly been sending letters to his old address that they had on their system. 

What has shocked me is he's not had any follow up letters for the outstanding amount which evidently must be to do with the courts and parking company thinking that he still lives at the old address. I have no stress that he can defend those original parking tickets but this clearly looks like an address issue on the solicitors sides fault for not checking his new updated address. 

Thank you for listening all, he found out about a week ago and I've been so busy with work but I really want it to look like he's prompt with this to get it dealt with.

Many thanks

Umkomaas

So to start - my friend received a PCN from who I believe was parking eye back in 2021. I told him back then to ignore the letters 

There's the error, I'm afraid!

he's currently back in his home country of Iran

Is he likely to return to live in the UK in the next 6 years?

Parking eye have not done an updated driving licence address on my friend and have clearly been sending letters to his old address that they had on their system.

They cannot do any further check with the DVLA beyond the first one immediately after the parking events, and then it's nothing to do with the address on the driving licence - it's only from information drawn from the V5C (logbook).  However, on making the decision to issue court proceedings, a trace should have been undertaken - and that might provide an 'out'. Please check the BPA Code of Practice for the process PE should have followed. Thereafter read up on making a set aside application(s) in the NEWBIES FAQ Announcement, second post, but with him being in Iran, it will be far from straightforward I suspect. 

63realfan

So to start - my friend received a PCN from who I believe was parking eye back in 2021. I told him back then to ignore the letters 

There's the error, I'm afraid! 

Yes I agree, it was a long time ago that though, I've learnt a lot since then and not to ignore. 

Is he likely to return to live in the UK in the next 6 years?

Parking eye have not done an updated driving licence address on my friend and have clearly been sending letters to his old address that they had on their system.

Ofcourse, he is a British citizen with an apartment here, he's just gone home to see family.

63realfan

Parking eye have not done an updated driving licence address on my friend and have clearly been sending letters to his old address that they had on their system.

They cannot do any further check with the DVLA beyond the first one immediately after the parking events, and then it's nothing to do with the address on the driving licence - it's only from information drawn from the V5C (logbook).  However, on making the decision to issue court proceedings, a trace should have been undertaken - and that might provide an 'out'. Please check the BPA Code of Practice for the process PE should have followed. Thereafter read up on making a set aside application(s) in the NEWBIES FAQ Announcement, second post, but with him being in Iran, it will be far from straightforward I suspect. 

I thought that may be the case but was sure they have to do a trace before issuing any court paperwork. I'll double check it's PE again although he doesn't have the previous letters so will I be able to find out what their process has been? He's so distressed by it he was asking if he can just pay off the fines and have the CCJ cleared which I know doesn't work like that but am sure PE would assist having the CCJ set aside as long as they get paid.

I'll have to assist him with the n244 process, I've been through it so will have to do most of it for him and leave it down to him on the court day. 

Umkomaas

He's so distressed by it he was asking if he can just pay off the fines and have the CCJ cleared which I know doesn't work like that but am sure PE would assist having the CCJ set aside as long as they get paid.

If the CCJ was issued more than one month ago, paying it off right now won't make it any better for him, credit will still remain difficult/expensive, so please tell him not to knee-jerk into making any rash decision to pay. If it is PE, they can be amenable to a set aside with consent, but they will want their pound of flesh as part of the 'bargain', and a judge will have to rubber stamp the arrangement (some are reluctant to do so if they suspect it is just a credit cleansing exercise).  With this, there won't be any real case to later defend in court - it's over, but costly, unless your friend is entitled to 'Help with Fees (check out criteria and process via Google). 

Alternatively, a set aside without consent might be better, especially if papers were served on a vacated address as that should be a mandatory set aside (CPR 13.2 - Google it). If there are individual CCJs for each of the PCNs, the process could be expensive - £275 per CCJ, but if it's a consolidated claim, I think just £275 will cover the lot. Again check out Help with Fees. The opportunity, if the set aside is granted, to later defend in court, remains a possibility.  

Getting to know whether PE was the claimant will be via the CCBC, but I don't think they will speak to you, only the individual concerned. Normally we advise phoning the CCBC asap, but warn about a likely hold (listening to muzac, and 'your call is important to us' crap) of an hour or so. Doing this from Iran, the phone bill might be more costly than the CCJ (!), so perhaps your friend should email them, explain his location, the difficulty in dealing with this remotely, and ask they get back to him as quickly as possible. That will be a start .....

Coupon-mad

I thought that may be the case but was sure they have to do a trace before issuing any court paperwork.

They do have to; it's mandatory in the BPA CoP.

Six PCNs is £600 not four figures.  I suspect this is not ParkingEye?

63realfan

Coupon-mad said:

I thought that may be the case but was sure they have to do a trace before issuing any court paperwork.

They do have to; it's mandatory in the BPA CoP.

Six PCNs is £600 not four figures.  I suspect this is not ParkingEye?

He thinks it was BPA but isn't sure. Will the court tell you who it is from the particulars, i cant remember? He called them but didn't ask for particulars to be sent to him. Is the best step getting particulars sent and then sending them an email (from him) and explaining hes not back until middle of September? 

I guess we need to start the N244 process?

Many thanks

63realfan

Umkomaas said:

He's so distressed by it he was asking if he can just pay off the fines and have the CCJ cleared which I know doesn't work like that but am sure PE would assist having the CCJ set aside as long as they get paid.

If the CCJ was issued more than one month ago, paying it off right now won't make it any better for him, credit will still remain difficult/expensive, so please tell him not to knee-jerk into making any rash decision to pay. If it is PE, they can be amenable to a set aside with consent, but they will want their pound of flesh as part of the 'bargain', and a judge will have to rubber stamp the arrangement (some are reluctant to do so if they suspect it is just a credit cleansing exercise).  With this, there won't be any real case to later defend in court - it's over, but costly, unless your friend is entitled to 'Help with Fees (check out criteria and process via Google). 

Alternatively, a set aside without consent might be better, especially if papers were served on a vacated address as that should be a mandatory set aside (CPR 13.2 - Google it). If there are individual CCJs for each of the PCNs, the process could be expensive - £275 per CCJ, but if it's a consolidated claim, I think just £275 will cover the lot. Again check out Help with Fees. The opportunity, if the set aside is granted, to later defend in court, remains a possibility.  

Getting to know whether PE was the claimant will be via the CCBC, but I don't think they will speak to you, only the individual concerned. Normally we advise phoning the CCBC asap, but warn about a likely hold (listening to muzac, and 'your call is important to us' crap) of an hour or so. Doing this from Iran, the phone bill might be more costly than the CCJ (!), so perhaps your friend should email them, explain his location, the difficulty in dealing with this remotely, and ask they get back to him as quickly as possible. That will be a start .....

Apologies for late reply, had a lot of preparation for my business at the motor show so put off this due to stress' and informed my friend. Back on it now so will get him to email CCBC and advise of his situation and ask for particulars etc. Once I've got this I'll come back to you

Coupon-mad

He needs the POC, the claim number and date, and which claimant.

63realfan

Coupon-mad said:

He needs the POC, the claim number and date, and which claimant.

Sent off now! Will update when I hear back. Thanks again CM. - On another topic, I've been thinking it hard over with the situation I went through; something needs to be done about the system. Surely they cannot let this go on the same way with people getting CCJ's in their absence and without signed post? Was thinking of writing to our local MP. 
 

Coupon-mad

Sent off?  He has to phone to get that info immediately.  It's urgent. He has to act promptly.  As in, he should make his application this month.

Yes by all means raise your concerns with your MP.