Private parking CCJ and writ of control

chi1983

Good Evening All,

I was hoping someone could help me.

While away in Aug 2024, I received a notification on my credit score that a CCJ was applied to my file. When I enquired about it, it turned out it was for parking in a residential estate with a disable badge displayed from 2020 during covid.

I completed the N244 form and the case was held around Nov 2024, I tried to explain to the judge that I had not received any papers on the judgement as it was made in default. She even agreed that they company were out of line for waiting for 4 years and even questions the interest added was the fine was for £814 but still dismissed my claim saying that the paperwork was sent by the courts and I must have received it and I didn't have an legal grounds to get it set aside.

I have tried contacting the legal team of DCB legal to see if we can come to an agreement of having the CCJ removed for the condition of making the payment as I just wanted to be done with this. This emails were ignored, was my role requires an enhanced security search and a CCJ could impact my next job due to the area of work am in.

On the 26th of February 2025 I heard a loud knock on the door I looked through the window and saw and enforcement officer. They knocked and knocked but left and didn't leave any paperwork. Over the weekend I received a letter see the attached stating that they have applied for Writ of Control and have added an additional £1k to the alleged money I owe. 

I am so confused as I don't know how this can be legal.

I am completely overwhelmed and lost and I am having troubles sleeping and the stress of it all is beginning to take impact my health.

The total money allegedly owed is is over £1700. I don't even understand how they added an additional 1k to it.

Thanks

Chi

ChirpyChicken

The ccj will stay on your credit file as paid or unpaid 
If you chose not to pay it then the enforcement agents will call a number of times it will then be referred back to their clients 
I personally wouldn't be paying it.

chi1983

I am trying to understand what else they can do if unpaid as honestly I have never used credit, I had a great credit before these guys messed it up completely, i have never had any missed payments or taken out loans or used a credit card. 

I have had different advices and honestly I don't understand what my options will be if unpaid,

Can they look at attachment of earnings to recover it?

Can they apply for third party debt orders (the court ordering your bank to pay money from your accounts to the creditor); 

Keeping increasing the debt to total of the interest and fees escalate sufficiently (total debt £5000), serve a statutory demand and start bankruptcy proceedings?

Someone said enforcement will never become statute barred, not really sure what this mean.

Thanks 😊

 

chi1983

@ChirpyChicken thanks for your response, can you please answer the above 

ChirpyChicken

A creditor can do any of the above. But they won't . It's as simple as that. They only use High court writs for cases over £600. They can't use a garshee/third party debt order as they don't have your bank details and in the years I've dealt with parking firms I have never seen a attachment of earnings order.
These firms are to big to bother with these costly and in effective orders
So if you can see off the HCEO then your safe.
Forget a stat demand it isn't going to happen

Car1980

Their fees have to be itemised. What does it say?

chi1983

@ChirpyChicken thank you so much. I was very worried the HCEO I have no issue with seeing them off as I normally don't open the door.

The writ of control was applied in Dec 2024 and it's only valid for 12months. Is there any chance they will apply to extend after 12months?

ChirpyChicken

Do you have a car at the address though.
Don't worry about the 12 months. They call a number of times and then they won't call again.

Coupon-mad

They can clamp your car.

Applying to stat a writ only costs £15 at your local court. We had a case like this last month. Stayed very quickly: within 48 hours.

Username started with m.

ChirpyChicken

Coupon-mad said:

They can clamp your car.

Applying to stat a writ only costs £15 at your local court. We had a case like this last month. Stayed very quickly: within 48 hours.

Username started with m.

I think this ship has already sailed though if I've read the OP correctly 

chi1983

@Car1980 the letter attached is what they sent, there was no itemization. I don't know how an additional £1K almost was added from the original judgment