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CCJ & High Court Rit

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Comments

  • ChirpyChicken
    ChirpyChicken Posts: 1,687 Forumite
    1,000 Posts Name Dropper Photogenic
    I personally would leave the bit about your wife off.
    You asking the court to stay the writ as well 
  • sh4rpy03
    sh4rpy03 Posts: 73 Forumite
    10 Posts Name Dropper
    Please see below my witness statement @ChirpyChicken and also the name of court at the top should that be the one i am submitting ie hull city council or should it be CNBC? sorry if thats a daft question but my head is fried.

    On the date of the 4th of January 2019 I parked at the Pryme Street Carpark for work as normal, which i used the contactless pay and display machine, no tickets where been printed, 2 of my other collegues who park in the same car park, one of which called the number on the machine and was told no tickets where been produced and the machine was playing up but the payments had gone through. The payment later came out on the 28th of January showning 2 payments of £3.50 for that day. 

    6 years has now passed and i have received a CCJ on the 17th January 2025 because of lack of communication and faulty payment machines, i feel this is very unfair that i have not been given the chance to resolve this issue at an early stage. 

    I can prove the payment made via bank statements and i am currently searching for evidence against this case 
  • Not_A_Hope
    Not_A_Hope Posts: 840 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    Is it possible you have moved addresses since 2019 and that is why you have not received any correspondence from the PPC, their legally or the court? If so if they have sent a claim form to the wrong address that would a reason for a mandatory set aside. The fact that your wife submitted an appeal may be a red herring. The PPC may have simply not have bothered to check you still live at the same address when raising a claim
  • ChirpyChicken
    ChirpyChicken Posts: 1,687 Forumite
    1,000 Posts Name Dropper Photogenic
    Why would you submit this to the council
    Your local court is nothing to do with the council.

  • Coupon-mad
    Coupon-mad Posts: 153,221 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 17 March at 10:47PM
    How can there be a writ for a single PCN? The claim can't be for over £600 for one PCN.

    Show us the claim form.  You said your wife took it and 'appealed' (you mean defended)? So she has the Claim Form?

    Your WS is talking about the wrong thing. If can't be about one PCN and your application isn't a defence to the PCNs.

    Don't do a WS.

    Just fill in the form asking for an order to stay the writ and for the CCJ to be set aside under CPR 13.3 so that the Defendant may defend what seems to be a six year old set of parking charges (presumably more than one) that you don't know much about. But you should be afforded the chance to see full particulars and defend. Say that you didn't see the Claim form and you were likely abroad around the time it may have arrived but you never saw it yourself. You believe there is a good chance if defending the claim on poor signage and faulty payment machines (if it is the location you suspect), and would also rely on probable lack if POFA schedule 4 (keeper liability) compliance and the fact that the quantum is hugely inflated by exaggerated 'damages/costs' and interest.

    Tick 'with a hearing'.

    Time: 30 mins

    District Judge.

    Then attach a Draft Order (word doc) - see the examples in the two linked threads in the CCJ set aside section of the NEWBIES thread.

    And a N180 listing the dates you are abroad for the next 6 months, including a day 'unavailable' either side of flying in/out of the UK as you can't easily be at a hearing the day before or after flights. 
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • sh4rpy03
    sh4rpy03 Posts: 73 Forumite
    10 Posts Name Dropper
    sorry @ChirpyChicken i did not mean my council i meant hull city county court. and i have also added this in 

    When i received the High Court Enforcement letter Attached on 12/3/2025, the letter was hand delivered but nobody had knocked on the door as i was in my house all day. I called DCBL which i was told that i had received the CCJ and that i had to pay the balance of £1512.38 which i feel is extortionate since then i have contacted the National Debt Helpline and i have been advised to Issue the Stay against the Writ. I have also contacted DCBL again to see why i had not received any letters regarding the case and they advised me that letters have been sent to my current address and also an address that i have never lived at, i can confirm that this is not true and i have not been given relevant time to submit my case.
  • Coupon-mad
    Coupon-mad Posts: 153,221 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It doesn't go to the council.

    It doesn't go to the CNBC.

    It doesn't go to the High Court.

    I already said: it goes to your LOCAL COUNTY/FAMILY COURT.


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • sh4rpy03
    sh4rpy03 Posts: 73 Forumite
    10 Posts Name Dropper
    @Not_A_Hope no i have lived at this address for the last 15 years but i do find it odd that i have received the claim form but nothing else regarding the claim
  • sh4rpy03
    sh4rpy03 Posts: 73 Forumite
    10 Posts Name Dropper
    Thankyou @Coupon-mad
  • sh4rpy03
    sh4rpy03 Posts: 73 Forumite
    10 Posts Name Dropper
    @Coupon-mad Its for 2 PCN's supposedly  i will upload it now

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