Default CCJ - Old Address - Own Parking Space - Consecutive Days Multiple PCNs

spadeKing

Hi all,

First of all, thank you so much for the community effort spent on creating the “Newbies Guide”. I just wished I had come across with it earlier.

I have found out, running a credit score, that I have a CCJ issued against me for an old address; CCJ dated in April 2025; the 30 days of judgement period is gone; applying to set-aside seems a no-brainer.

Background information

• PCNs received (several) - failure to display permit while parked in my allocated space at my previous apartment (a block of flats).

• No obstruction caused to other vehicles; the permit simply had slipped down out of view.

• Site managed by a Private Parking Company member of the BPA.

• I was out of the country for approximately month; the inspector issued consecutive tickets almost in a daily basis. Some of the tickets were sticked to the windscreen, others arrived later at post.

• PCN Dates: around end of 2023.

• Total count of tickets: 15ish (I failed to keep them all)

• Immediately on my return, I contacted the Parking Manager, with attached pictures of my parking permit, my car and an explanation that I was out of the country and could not act on the consecutive tickets.

• Park Manager emailed requesting proof of being away.

• I sent outbound and inbound flight tickets.

• Never received a response.

• During the first half of 2024, I received so many letters claiming the usual 100£ + 70£ from two different legal firms. The letters were individually targeting one single PCN at a time.

• I ignored the letters and later moved home. I did change my address everywhere including DVLA, V5C and driving license.

• Never got a letter before claim whilst living the in old apartment. And of course, never got a claiming pack, no opportunity to defend the claim.

• Now in May 2025 I found out the CCJ and contacted the CNBC for details. It was issued by default without a hearing.

 

CCJ Details

This is the information the CNBC has provided me, with the sensible information hidden. The particulars of claim are not very well written and kind of repeated twice.

It’s important to highlight that it does not cover all the period when I was receiving PCNs, just half of that. Probably because those are the PCNs managed by this legal firm and the rest by another which could end up in a second CCJ at some point.

 

Claim No: []

Claimant: The Private Parking Company

Claimant solicitor: The Legal Firm

Telephone: []

Reference: []

Judgment amount: something between 1000£ and 1500£

Particulars of claim: THE CLAIMANTS CLAIM IS FOR OUTSTANDING       PARKING FINES FOR A CONTRAVENTIOON WHICH     OCCURRED ON THE       [here they do not provide dates]                       AND THE CLAIMANT CLAIMS                      1.  XXXX.XX.                                 2. STATUTORY INTEREST PURSUANT TO SECTION 69 OF THE COUNTY COURTS ACT (1984) AT A RATE OF 8.000% PER ANNUM FROM [date1] TO [date2]    XX.XX, AND THEREAFTER AT A DAILY RATE       OF  0.22 TO DATE OF JUDGMENT OR SOONER       PAYMENT.                                     INVOICE DATES  [date3 – date4]   REF. CPMXXXXXX [only one PCN reference quoted]                              THE CLAIMANT CLAIMS INTEREST UNDER SECTION 69OF THE COUNTY COURTS ACT 1984 AT THE RATE OF 8% A YEAR FROM [date1] TO [date2] ON   £ XXXX.XX AND ALSO INTEREST AT THE SAME      RATE UP TO THE DATE OF JUDGMENT OR EARLIER   PAYMENT AT A DAILY RATE OF £0.22.   

 

What to do next

I understand that attempting to contact the Claimant to Set Aside the CCJ as per the Newbies Guide is not an option now as the 30-days period is gone, so:

1. Apply to Set Aside the CCJ to the court with the N224 form.
2. If Set Aside is successful and claim is reissued, fully defend the claim on the basis that I could not act upon consecutive tickets the fine becoming disproportionate.

Please any advice would be highly appreciated.

Coupon-mad

Claimant solicitor: The Legal Firm

Which one?

If it was DCB Legal and a total over £600 you need to hide your car from HCEOs and instead apply to Stay the Writ at your LOCAL court.

Car1980

 Very unusual particulars 

h2g2

When you say your own space, was it demised to you as part of the leasehold agreement?

spadeKing

Coupon-mad said:

Claimant solicitor: The Legal Firm

Which one?

If it was DCB Legal and a total over £600 you need to hide your car from HCEOs and instead apply to Stay the Writ at your LOCAL court.

Moorside Legal

h2g2 said:

When you say your own space, was it demised to you as part of the leasehold agreement?

I was renting a flat in a block where each flat had it's own numbered parking slot.
It was not explicitly described in the AST agreement of the flat, but the property agency had a one fits all standard contract.
However, the parking slot was part of the inventory base provided by the property agency, including picture, as well as the parking permit.

Coupon-mad

those are the PCNs managed by this legal firm and the rest by another which could end up in a second CCJ at some point.

You need to go and get your post if you can, to find out who is handling the other PCNs. Rectify your address asap so that any claim is received and can be defended.

As for this CCJ, Moorside don't have a connection to HCEOs so (unlike DCB) I don't think there will be a high court writ in play, which is good (no need to hide the car from bailiffs).

So make an urgent application to:

- set aside the CCJ under CPR 13.2 (binding Court of Appeal authority: VCS v Carr);

- strike out the claim (persuasive authorities: CEL v Chan and CPMS v Akande) due to the Particulars failing to specify the dates/details of the allegations, contrary to Part 16.

- grant all of your costs, given that the case was not allocated to track and the Claimant's conduct was wholly unreasonable in sending a claim to an old unchecked address and filing such a woefully inadequate claim.

troublemaker22

@spadeKing , I’ve sent you a DM

spadeKing

Coupon-mad said:

those are the PCNs managed by this legal firm and the rest by another which could end up in a second CCJ at some point.

You need to go and get your post if you can, to find out who is handling the other PCNs. Rectify your address asap so that any claim is received and can be defended.

As for this CCJ, Moorside don't have a connection to HCEOs so (unlike DCB) I don't think there will be a high court writ in play, which is good (no need to hide the car from bailiffs).

So make an urgent application to:

- set aside the CCJ under CPR 13.2 (binding Court of Appeal authority: VCS v Carr);

- strike out the claim (persuasive authorities: CEL v Chan and CPMS v Akande) due to the Particulars failing to specify the dates/details of the allegations, contrary to Part 16.

- grant all of your costs, given that the case was not allocated to track and the Claimant's conduct was wholly unreasonable in sending a claim to an old unchecked address and filing such a woefully inadequate claim.

Thank you for your advice.

I am going to prepare a draft of the N224 form, Draft Order and Witness Statement as soon as possible. I will post it here.

I have seen in other posts (amxv's) that it's ordered that the entire claim is dismissed for want of service within 4 months. Is this something I should include? I do not fully understand tbh, is it that the Claimant had 4 months since the PCNs to make the claim?

spadeKing

Coupon-mad said:

You need to go and get your post if you can, to find out who is handling the other PCNs. Rectify your address asap so that any claim is received and can be defended.

From the PCNs letters they were sending me whilst still living at the address, the other legal firm I believe is BW Legal. But...if I contact them, could I not be opening a can of worms?

Le_Kirk

You can include the "4-months dead" if it is accurate; whatever you do, don't delay the N244 application.  Judges like to see PROMPT action after discovering a CCJ.

Coupon-mad

spadeKing said:

Coupon-mad said:

You need to go and get your post if you can, to find out who is handling the other PCNs. Rectify your address asap so that any claim is received and can be defended.

From the PCNs letters they were sending me whilst still living at the address, the other legal firm I believe is BW Legal. But...if I contact them, could I not be opening a can of worms?

No you MUST MUST MUST contact BW Legal but obviously not by phone!

I was wondering if @troublemaker22 might want to help with this one. He is a solicitor, I know him personally and he's doing strike out applications pro bono with all costs recovered going to charity. He is trustworthy!