NATIONAL PARKING MANAGEMENT LIMITED

R_King1

Coupon-mad said:

R_King1 said:

Thanks guys, I do really appreciate you all and the support. I struggle with stuff like this and finding stuff as it is not my expertise. Il try exploring and finding the threads and come back to you.

sincere thanks for the continued support and advice. 

Don't take long. Dad must 'act promptly' to set aside a CCJ.  The Judge will look at that.

Believe me I want to get this done and dusted and out of the way for my dad. I am trying to reassure him as you can imagine with everything gone on. 

R_King1

The last thing my dad needs is for him to lose this claim 

Le_Kirk

What can't you find?  Go to the NEWBIE sticky (it is an announcement on the first page of the forum [NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!]) and, because when you click on it, you are taken to the bottom of that thread, scroll up to the top and then scroll down until you find the second post.  Once there, keep scrolling down until you find the CCJ section and then just a little bit more (guess what - yep) scrolling and you will find @henrik777's name and thread.

Coupon-mad

You posted underneath my signature (not sure how people miss it under every post I make) which tells newbies where one of the 2 links to page one is. I even show what the top link looks like. There's a matching one at the bottom of every page. 

It's all you need to know to navigate any forum.  It's like opening & closing a book. You have your easy links already. This is how forums work, with info 'Announcement' resource threads pinned at the top.

Click to the front and read the NEWBIES announcement (but not from the start obviously because that's about appealing a new early stage PCN).

I post on a phone.  Any device is OK.

You don't need to search at all.

EXCEPT ... on a laptop you can of course search the NEWBIES thread - once you are on it - like you would any document. Control & f and pop in the words 'set aside' or just 'CCJ' gets you to the right section.

R_King1

Thanks guys. As ever, excuse me for my dumbness…I am the type that needs everything in black and white.

Do I need to acknowledge claim?

If setting CCJ aside, how long do I have when saying respond promptly for judgement to be in fathers favour.
Also I read somewhere about fees…do I need to fill in both the N244 and Apply for help with fees form and submit them both?

@Coupon-mad is the below a template for defence or do I just need everything @henrik777 wrote?

I have printed the forms off, would it be okay to fill it out by pen and scan and email it back to them?

R_King1

I am feeling that stressed that I feel like just paying off the debt for my dad and calling it a day as these forms and reading are sending my head spinning 😭😭😭

Somebody help please 🙏 

Coupon-mad

R_King1 said:

I am feeling that stressed that I feel like just paying off the debt for my dad and calling it a day as these forms and reading are sending my head spinning 😭😭😭

Somebody help please 🙏 

Isn't he already past the 30 days since judgment? If so, paying it DOESN'T wipe the CCJ. In which case, why pay?

Does a CCJ matter to your Dad? Does he get loans or need to take credit such as pay his car insurance or large purchases monthly? Does he rent a property and might need to move and have a credit check one day?

If not, he could ignore it if it's under £600. Nothing will happen if under the ceiling for HCEO enforcement.

Just letters. Would letters bother him?

Do I need to acknowledge claim?

No. Absolutely not. Like I said, you should ONLY read the CCJ set aside section of the NEWBIES thread and YOU aren't the Defendant so you (in your name) can't do anything.

Read the CCJ set aside section. Unless he is paying it off BEFORE day 30:

- Download a N244.

- Start filling it in 'as him'.

- Write a witness statement 'as him', explaining why he should have the CCJ set aside and be allowed to defend. Attach evidence to support his case.

- Do a draft defence to accompany the application. The NEWBIES thread shows a Template Defence.

If setting CCJ aside, how long do I have when saying respond promptly for judgement to be in fathers favour.

It isn't specified. Sadly there's no exact answer but case law shows even dithering a few weeks is too long.

Does he have a low income and low enough savings to qualify for HELP WITH FEES (Google it and check).  If not, this application will cost £303.

So - if this would cost him a fee - I ask again: does a CCJ matter to him that much? He could ignore if under £600.

R_King1

Coupon-mad said:

R_King1 said:

I am feeling that stressed that I feel like just paying off the debt for my dad and calling it a day as these forms and reading are sending my head spinning 😭😭😭

Somebody help please 🙏 

Isn't he already past the 30 days since judgment? If so, paying it DOESN'T wipe the CCJ. In which case, why pay?

Does a CCJ matter to your Dad? Does he get loans or need to take credit such as pay his car insurance or large purchases monthly? Does he rent a property and might need to move and have a credit check one day?

If not, he could ignore it if it's under £600. Nothing will happen if under the ceiling for HCEO enforcement.

Just letters. Would letters bother him?

Do I need to acknowledge claim?

No. Absolutely not. Like I said, you should ONLY read the CCJ set aside section of the NEWBIES thread and YOU aren't the Defendant so you (in your name) can't do anything.

Read the CCJ set aside section. Unless he is paying it off BEFORE day 30:

- Download a N244.

- Start filling it in 'as him'.

- Write a witness statement 'as him', explaining why he should have the CCJ set aside and be allowed to defend. Attach evidence to support his case.

- Do a draft defence to accompany the application. The NEWBIES thread shows a Template Defence.

If setting CCJ aside, how long do I have when saying respond promptly for judgement to be in fathers favour.

It isn't specified. Sadly there's no exact answer but case law shows even dithering a few weeks is too long.

Does he have a low income and low enough savings to qualify for HELP WITH FEES (Google it and check).  If not, this application will cost £303.

So - if this would cost him a fee - I ask again: does a CCJ matter to him that much? He could ignore if under £600.

Thanks for the detailed response.

* I think he is past the 30 days (so not entirely sure what that means). If the outstanding is paid, still having a CCJ means what exactly?

* A CCJ does not matter to my dad at all. He is rent and mortgage free, he has no loans or large purchases that he needs to pay off. He does not take loans or credits.

He does have car insurance which he pays off once annually.

*The CCJ is under £600 and letters do not bother him at all.

* My dad is retired, no income other than pension credit and some disability allowance. He does have savings, not sure how much.

* What does it mean to ‘ignore’ …are we saying to not fill out the N244 and ignore any further correspondence? Will my dad be exempt then from the outstanding payment from the CCJ (I think £280ish) and he will only be affected by any credit checks etc?

* I am not that articulate in writing a witness and a defence as not sure how to draft it all out to show you guys. Not sure how Henrick777 draft would be helping me?

* My dad saying he does not recall any letters previous to the CCJ and only after receiving CCJ, we have followed up the advise wrote to CBC. 

As stated previously my dad who is 78, has been looking after my mum for the past few years, who suffered from Motor Neurone Disease and she sadly passed away around end of June. Due to this my dad’s Mental Health and overall well being along with the rest of the family has been at an all time low.

IF WE CHOOSE TO DO NOTHING FROM HERE ON…WHAT IS THE WORST CASE SCENARIO THAT CAN HAPPEN? WILL MY DAD BE SUMMONED TO COURT? WOULD THE EXISTING AMOUNT INCREASE? WOULD THERE BE ENFORCEMENT OFFICERS TURNING UP AT THE HOUSE?

Coupon-mad

Nothing will happen.  My advice: don't pay it then.  Do nothing. Ignore it. No need to pay it.

Some letters will arrive from Empira (aka Gladstones) but nobody will 'come knocking' (because it's under £600) and the court's involvement is over.

He'll have a CCJ on his credit record but that doesn't affect him, in his specific circumstances.

You might want to change his service address to yours, so YOU receive any silly Empira letters.  I'd do that if it was my elderly relative. Just write to Empira as him, when their first letter arrives, telling them that he has moved in with his family and is 'vulnerable' and is 78 years old.  Therefore they must erase his old address and give him 'breathing space' and are urged to cease and desist with harassing him.

Old address to erase:

HIS ADDRESS

New address to use for letters:

YOUR ADDRESS


'ERASE MY DATA' and 'BREATHING SPACE' are terms he must use.  Google them and the word 'debt' or consumer protection, to understand those rights.

R_King1

Coupon-mad said:

Nothing will happen.  My advice: don't pay it then.  Do nothing. Ignore it. No need to pay it.

Some letters will arrive from Empira (aka Gladstones) but nobody will 'come knocking' (because it's under £600) and the court's involvement is over.

He'll have a CCJ on his credit record but that doesn't affect him, in his specific circumstances.

You might want to change his service address to yours, so YOU receive any silly Empira letters.  I'd do that if it was my elderly relative. Just write to Empira as him, when their first letter arrives, telling them that he has moved in with his family and is 'vulnerable' and is 78 years old.  Therefore they must erase his old address and give him 'breathing space' and are urged to cease and desist with harassing him.

Old address to erase:

HIS ADDRESS

New address to use for letters:

YOUR ADDRESS


'ERASE MY DATA' and 'BREATHING SPACE' are terms he must use.  Google them and the word 'debt' or consumer protection, to understand those rights.

Thank you, this makes us feel tonne loads better already. Dad is defo not bothered about credit history nor receiving further letters (as long as those do not lead to anything sinister?). 

Could we have not taken this route in the first place rather than writing to Civil business centre and requesting for N244 form, help with fees to request judgement aside?

I mean if nothing was to happen, why did we request help with fees etc?