CCJ letter with no prior claim form SOUTHGATE PARK STANSTEAD

jammers1237

Hoping someone can help me please? 

I’ll give a little time line of events below:

13 July 2018 - I parked my car in the Starbucks car park and went into McDonald’s. I didn’t realise I’d done anything wrong at the time as I didn’t realise there are two different car parks. 

17 August 2018 -   A notice to registered keeper from MET PARKING SERVICES. Stating I have received a parking charge of £100 . It did state of payment was received within 14 days i could pay a reduced amount of £60. (I did a simple look on some forums and decided to just ignore the letter and jot pay the parking charge) 

21 September 2018 - letter from MET PARKING SERVICES - parking charge notice reminder stating £100 was now over due. Letter mentions that POPLA is no longer available.

08 October 2018 - Same letter as above received again. 

29 October 2018 - Letter from Debt Recovery Plus LTD. Stating I havent paid their client and that my parking charge was now £160. 

13 November 2018 - Same letter as above but stating notice of intended court action, and the unpaid charge was £160.

01 January 2019 - Letter from Zennith Collections offering me a reduced settlement of £136. And if I don’t pay within 14 days the amount due will be £160.

10 October 2022 - letter from DCBL DIRECT COLLECTIONS BAILIFFS LTD. Notice of debt recovery unpaid parking charge of £170. 

13 February 2023 - solicitors reminder letter from DCBLegal stating I should pay the £170 and this will prevent further action.

11 August 2023 - letter of claim from DCBLegal stating I should pay £170 which includes the PCN and debt recovery costs. 

So I have ignored all of these letters believing I was doing the right thing from what I’d read from forums online. 

24 October 2023 (today) - I receive a Judgement for Claimant (in default) from the county court. Saying as I haven’t replied to the claim form I now have to pay £352.40. 

I didn’t receive the claim form (I have no idea how as I haven’t moved and I received all these other letters) if I had received a claim form from the county court I wouldn’t have ignored it. 

I can’t afford to have a CCJ registered on my credit file and I was hoping for some help with this? I have always worked in banking and know how serious this is. Is this something I should just pay and try to get removed from my file - everything on here says there’s no way anyone should be paying a charge for the Southgate park car park? 

Thanks in advance for any help offered.

KeithP

You need to ask the CNBC where they were instructed to send the Claim Form.

As the Claimant or their agents had never received any response to anything sent to your address, it perhaps seems quite reasonable for them to maybe assume that you weren't contactable via the address they currently held.

Whilst speaking to the CNBC, ask them to email a copy of the Particulars of Claim to you.

CNBC phone number -  0300 123 1057
Expect a lengthy time waiting.

Coupon-mad

Then come back and show us the POC they email you, minus your VRM, and tell us if the claim went to an old address.

You should not have ignored everything.

jammers1237

Thank you, I will give them a call first thing tomorrow and get back to you. 

Is the whole charge not void anyway due to them not sending the NTK witching 14 days of the alleged offence? 

Coupon-mad

No it's not.

jammers1237

So I’ve rang CNBC and the particulars of the claim are below. They told me they sent a claim form to my current address on 18 September 2023. I honestly have no idea why I haven’t received it.

Particulars of claim: 1. THE DEFENDANT(D) IS INDEBTED TO THE       CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED  TO VEHICLE **** *** AT (346) SOUTHGATE PARK,  STANSTED,CM24 1PY 2. THE PCN DETAILS ARE    13/07/2018,(Removed by Forum Team) 3.THE PCN(S) WAS ISSUED ON PRIVATE LAND OWNED OR MANAGED BY C. THE   VEHICLE WAS PARKED IN BREACH OF THE TERMS ON CS SIGNS (THE CONTRACT), THUS INCURRING THE  PCN(S).4. THE DRIVER AGREED TO PAY WITHIN 28 DAYS BUT DID NOT. D IS LIABLE AS THE DRIVER  OR KEEPER. DESPITE REQUESTS, THE PCN(S) IS   OUTSTANDING. THE CONTRACT ENTITLES C TO      DAMAGES.                                     AND THE CLAIMANT CLAIMS                      1. £170 BEING THE TOTAL OF THE PCN(S) AND    DAMAGES. 2. INTEREST AT A RATE OF 8% PER     ANNUM PURSUANT TO S.69 OF THE COUNTY COURTS  ACT 1984 FROM THE DATE HEREOF AT A DAILY RATEOF £0.01 UNTIL JUDGMENT OR SOONER PAYMENT. 3.COSTS AND COURT FEES                      

Thanks again                                                                                            

Coupon-mad

I'd be editing your first post to remove mention of who parked.  It's 5 years ago, so who can recall?

Then search the forum and copy any recent CCJ set aside WS and draft Order that uses CEL v Chan. 

UncleThomasCobley

You apply for set aside and highlight the CEL v Chan judgment so that the CCJ is set aside and the claim is thrown out at the same time.

jammers1237

Thanks all, I’m drafting my WS and just checked do I have to pay £275 for application to set aside?

UncleThomasCobley

Yes, if it is a set aside without consent. I doubt that you'd get a set aside with consent for £108 that doesn't screw you over by the claimant.

You are best paying for the set aside N244 before submitting it with your WS.

Coupon-mad

jammers1237 said:

Thanks all, I’m drafting my WS and just checked do I have to pay £275 for application to set aside?

Yes but you've seen from reading a dozen recent CCJ set aside cases that it usually gets ordered that the Claimant pays you it back after the CCJ is set aside?

Not guaranteed but it's the ultimate aim as well as the whole claim being dismissed due to CEL v Chan that you need as an Exhibit.

The 3 point Draft Order is a separate Word doc (not signed) and it must match what you are asking for in the N244.