UK Parking Control Limited Fine and CCJ (before tribunal) Advice

KeithP

sdm1985 said:

KeithP said:

sdm1985 said:

I have just gone back through messages and the first letter was sent 03/04/2024 and then the second on 24/04/2024 saying that we had not responded, between that time the letter was returned, but today they informed us that a CCJ has already been issued. 

Please answer this question...

What is the Issue Date on your Claim Form?

Sorry, claim form issue date was 03 April 2024

With a Claim Issue Date of 3rd April, you had until Monday 22nd April to file an Acknowledgment of Service.
Did that happen? 

Assuming an Acknowledgment of Service was filed in a timely manner, you had until 4pm on Monday 6th May 2024 to file your Defence. That was earlier this week. Clearly no Defence was filed.

What is the date on that Default Judgment you have now received?

sdm1985

Thank you:

Claim form issue date: 03/04/2024 

Judgement for claimant (default) issued: 24/04/2024.

We only learned about the CCJ as they wrote the attached to us after receiving our response to defend the case. 

sdm1985

FYI - thank you both, just going back through the comments 

KeithP

I think these two sentences at the beginning of that letter are telling...

Is that 'claim response' your completed Acknowledgment of Service form?

It looks like you were late in getting that completed Acknowledgment of Service form to the CNBC and the Claimant sought a Default Judgment during that window of opportunity.

Gr1pr

The AOS should have been emailed, but we assume that it was posted by royal mail. ?

It had to arrive at the CNBC and be logged before 22nd April, so must have been late or delayed, causing the default CCJ 2 days later 

Do you have an exact date of posting the AOS form by post to the CNBC. ?

sdm1985

KeithP said:

I think these two sentences at the beginning of that letter are telling...

Is that 'claim response' your completed Acknowledgment of Service form?

It looks like you were late in getting that completed Acknowledgment of Service form to the CNBC and the Claimant sought a Default Judgment during that window of opportunity.

Yes the letter dated 03/05/2024 states the CCJ has been issued, as then they’ve picked up our response (yes outside of the deadline). We called them and took screenshots that the system would not let us login to the portal with the supplied reference number. 

With what has been shared, can you kindly let us know what is best to do next? 

Thanks 🙏 

KeithP

I cannot see that you have any argument that may help getting that Judgment set aside.

It saddens me to say that I think the most cost effective thing for you to do now is to pay the Claimant £289.52.
Read the How to Pay box on the back of your Claim Form.

sdm1985

KeithP said:

I cannot see that you have any argument that may help getting that Judgment set aside.

It saddens me to say that I think the most cost effective thing for you to do now is to pay the Claimant £289.52.
Read the How to Pay box on the back of your Claim Form.

Can it not be argued that we already flagged That we were having issues with the portal and we did make a phone call highlighting this? 

sdm1985

Gr1pr said:

The AOS should have been emailed, but we assume that it was posted by royal mail. ?

It had to arrive at the CNBC and be logged before 22nd April, so must have been late or delayed, causing the default CCJ 2 days later 

Do you have an exact date of posting the AOS form by post to the CNBC. ?

So sorry, I didn’t scroll up, the page stayed at the bottom with the last comment. 

As per the thread you see we missed the timescales…

sdm1985

KeithP said:

I cannot see that you have any argument that may help getting that Judgment set aside.

It saddens me to say that I think the most cost effective thing for you to do now is to pay the Claimant £289.52.
Read the How to Pay box on the back of your Claim Form.

This will then wipe the CCJ from the credit file? As it’s within 28 days of 24/04/2024?