Parking tickets and CCJ for parking in residents parking

LizA70

Dear all

I've been looking at the threads on this site and wondered if anyone could offer some guidance, I received a CCJ or a private parking company late last year and found out about it early Jan 2024 after checking my credit score, it relates to over 10 parking tickets in 2020 where I was parked in residents parking at a flat I  rented, but private parking company failed to issue my residents parking,  were subsequently thrown off the site in 2021, and in an email my landlord forwarded me, management company a the site, specifically referred to situation with the previous parking company and their failure to respond to phone calls, issue permits and ticketing of residents. After 6 weeks of being in my new flat, calling parking company every day, I did get a form which I completed  it via email and attached the requested documentation the following day, continued to chase by phone, but  never got the permit and continued to display temporary tickets from our building rep. From what I can see on the CCJ it specifically mentions "failure to display valid parking permit", given all that did to try and get that permit, and I was displaying temporary permits, I'm not sure of the position.  My landlord at the times advice was I should not pay the parking tickets, they did not have jurisdiction (hindsight I can see why). 

I did get letters from collection companies up until early 2021, but ignored due to the fact that I didn't get residents permit, was showing temporary tickets, my landlords advice and emails forwarded from management company.  I left the property August 2022, had mail redirection on until mid November 2023, updated the DVLA (possibly not log book but this was definitely done by August 2023 as I now have a different car, updated bank etc, only thing I didn't do was update electoral role (hugely personal reason for doing this).According to CNBC Claim form was sent out after my mail redirection ended and CCJ was definitely sent out after mail redirection ended. I have filed an N244 to stay the writ and and overturn judgement but I've had HCEO arrive at my property, and I could do with some input on where I go from here.  I have completed and emailed (yes I wish I had read earlier) my N244 and the CNBC have yet to add onto their system, but have said it should be done early next week.

Claim against me is now staggering and I could do with some help, I have considered paying it off, or getting legal advice, any help appreciated.

Coupon-mad

Stay the writ? How much are we talking about?  What happened with the HCEOs?

Do not pay it off.

Read the thread by @Harvez63 who also had HCEOs to his door and overcame it all.

LizA70

Coupon-mad said:

Stay the writ? How much are we talking about?  What happened with the HCEOs?

Do not pay it off.

Read the thread by @Harvez63 who also had HCEOs to his door and overcame it all.

Thank you for coming back me, I'm new to this site so have tried to read the thread but go through to his account and cant see it his posts, would you be able to send a link ?

Its over £4k, including HCEO costs. HCEO came just over a week ago, managed to get them to leave by showing N244 application to Stay Writ and Overturn Judgement and fee paid, but they did leave 3 letters in envelope including control of goods on my car, put breathing space on couple of hours after they left, which I understand gives me 60 days to stop HCEO actions and further costs being added.  HCEOs stated they had sent me a letter advising me of their actions and of visit, HCEO stated they had traced me, did suggest they could have phone courts to get my address as I gave this on 8th January when I first contacted CNBC. After they had left, checked address on letters left and it has my house name and postcode, but they have inserted a further house name, under my house name, in my postcode, so correspondence from HCEO's possibly put in neighbours post box.  Spoken everyday to CNBC this week, about where my application is up to (4 weeks after sent to a mail box that send automated responses that it will be dealt with in 10 working days) news as of yesterday should processed early next week, and if defence accepted should halt current proceedings ? advised 10-12 weeks for a hearing, but my evidence in box 10 is fairly simplistic,  its gets across the fact that Parking Company never provided me with Residents Permit, despite all my best efforts, an application form  I was displaying temporary permits, that Parking Company were thrown off due to residents issues,   that I was not aware of proceedings and efforts undertaken to ensure contact details up to date. 

After reading this forum, I do appreciate my lack of knowledge, hence giving the stage I'm up to, I've been considering potentially just paying to stop it, it would difficult for me to do,  but I do feel strongly about what they have done, essentially landing me with a huge bill for parking where I should have been able to park and landing me with a CCJ, never had one before and it has all sorts of implications.

Umkomaas

Click on his username to take you to his profile page, scroll down and you'll see three headings - Activity - Threads - Comments.  Click 'Threads'. 

LizA70

Umkomaas said:

Click on his username to take you to his profile page, scroll down and you'll see three headings - Activity - Threads - Comments.  Click 'Threads'. 

I'm currently reading the threads, dear god, I feel completely overwhelmed and absolute idiot, I feel like I've just followed what I've been told by Court Staff and Citizens Advice and I'm now hugely worried that my N244 won't even be considered.  

Coupon-mad

No you are only meant to read his thread first.  Not 'threads' and not 'comments'.  This is stressful but easy stuff.

DO NOT ASK CITIZENS ADVICE ABOUT IT.

Court advised 10-12 weeks for a hearing, but my evidence in box 10 is fairly simplistic,  its gets across the fact that Parking Company never provided me with Residents Permit, despite all my best efforts, an application form  I was displaying temporary permits, that Parking Company were thrown off due to residents issues,   that I was not aware of proceedings and efforts undertaken to ensure contact details up to date. 

Easily sorted.

Once it gets allocated to your local court, file and serve the WS & evidence of moving house that you see in the 5 examples in the NEWBIES thread section about CCJs.

Show us EXACTLY the words you put in the N244, as the Order you are seeking and why.

Did you attach any evidence?

Did you attach a defence yet or not? 

LizA70

Coupon-mad said:

No you are only meant to read his thread first.  Not 'threads' and not 'comments'.  This is stressful but easy stuff.

DO NOT ASK CITIZENS ADVICE ABOUT IT.

Court advised 10-12 weeks for a hearing, but my evidence in box 10 is fairly simplistic,  its gets across the fact that Parking Company never provided me with Residents Permit, despite all my best efforts, an application form  I was displaying temporary permits, that Parking Company were thrown off due to residents issues,   that I was not aware of proceedings and efforts undertaken to ensure contact details up to date. 

Easily sorted.

Once it gets allocated to your local court, file and serve the WS & evidence of moving house that you see in the 5 examples in the NEWBIES thread section about CCJs.

Show us EXACTLY the words you put in the N244, as the Order you are seeking and why.

Did you attach any evidence?

Did you attach a defence yet or not? 

Okay, so in box 10 I was told to put as much information as I could, that could be backed by evidence, if judge requested it, its 7 paragraphs dealing with.  I tried to be as honest as possible

• When and how I became aware of CCJ and date first contacted courts
• Dates of moving and actions I took to ensure personal details up to date and mail redirection
• Appealed first three tickets on basis I was resident, displaying temporary tickets and trying to get permit application
• Process of applying for permit, what I did and who was contacted
• Acknowledgment and concern that I was aware of some PCN's and then debt collection companies chasing, up until March 2021, emails to Landlord with these letters, that the fact I heard no more, combined with application of parking permit, displaying temporary permits (all be them not fit for purpose for daily use, and flimsy bits of paper that could slip down) and emails from management company below, led me to believe when I left in August 2022 this had been resolved.
• Emails from Management Company provided by my landlord (generic to all residents) dealing with the overall issue of parking, total of two received, one outlined the instruction by the Management Company to Parking Company not to issue any PCNs, on any cars, as of Nov 2020 and a second one outlining new Parking Company and "Untenable Situation" with previous Parking Company
• And added that since being made aware of the CCJ I endeavoured to contact to contact Parking Company but only had customer services number and that they were premium rate numbers, which were not answered and I had incurred in excess of £20 call charges to do this.

So no specific evidence attached e.g. emails attached, but all the above which on reading others on this forum, wish I had come here before Citizens Advice.

Told by courts to fill in boxes 1 to 3, box 3 to put in stay writ and set judgment aside, and at top of box 10 to tick boxes statement of case and evidence boxes, which made sense to me at the time

any feedback is appreciated.

Coupon-mad

That's fine but not enough - so do what I advised when the case is allocated locally.  WS & evidence to back up your application BEFORE the hearing (not 'if the Judge asks').

D_P_Dance

Stay clear of CAB.  They may  be fine to rent bludgers, but know diddly about parking invoices and will almost certainly give you false information.  

LizA70

@Coupon-mad @D_P_Dance thank you and apologies for my long winded set of questions, I'm finding my way around this site and found some further answers to my questions tonight

fisherjim

D_P_Dance said:

Stay clear of CAB.  They may  be fine to rent bludgers, but know diddly about parking invoices and will almost certainly give you false information.  

Hi @D_P_Dance Hope you are OK missed you on here for quite a while?