PCM and CCJ - urgent advice needed

AnnieP6

Please can anyone give me advice?

In February 2020, my daughter parked in a retail car park close to where she works.  She called in at 7.00am to pick up a Costa coffee and went to work. She returned on her break at 11.30am for no more than 20 minutes. 

When she received a Contractual Parking Charge Notice in March 2020, she was advised to ignore it. The details made it look as if she had made one stop, exceeding the time limit. 

As she was in the process of moving out of her flat and onto a narrow boat, she then forgot all about it. 

Living on the boat, she only collects mail from a family member periodically. At the end of May this year, she collected a County Court claim letter which gave her 14 days to reply. Unfortunately, the letter had been dated 24 April. She replied immediately and gave them her office address.

(When she checked her credit file, a CCJ had been filed on 19th May)

She then had a letter from the court asking her to fill in a form (and pay £59) for them to decide if the CCJ could be set aside.

She completed the form, giving all the details of the situation, and returned it immediately. She then rang to pay the £59 but was told the charge is now £300 as she had completed an old form! 

She now has 14 days to pay the £300 and really doesn’t know what to do. If she loses, she will have to pay whatever they say she owes and probably court costs.

Advice would be gratefully appreciated. 

Nellymoser

Seems she's been victim of 'double dipping' at the car park, made two visits but PPC said it was one visit.

I don't think CCJ set aside has ever cost £59. It's always been in the region of hundreds rising over the years to £313 now.

Was the CCJ by default because she didn't respond and defend the claim? Received court correspondence too late to respond?

She should read NEWBIES Announcement thread 2nd post Small Claim there's section on CCJ set aside.

Gr1pr

Study the second post in the newbies sticky thread in announcements near the top of the forum by coupon mad to obtain set aside advice 

But a set aside without consent costs more than £300, I think it's about £313

When you say court, I doubt that the paperwork was from a court,  more likely to come from the CNBC in Northampton,  a default CCJ occurred due to her not dealing with it promptly,  a lesson for the future that mail should be checked weekly,  otherwise disasters can occur 

Coupon-mad

AnnieP6 said:

Please can anyone give me advice?

In February 2020, my daughter parked in a retail car park close to where she works.  She called in at 7.00am to pick up a Costa coffee and went to work. She returned on her break at 11.30am for no more than 20 minutes. 

When she received a Contractual Parking Charge Notice in March 2020, she was advised to ignore it. The details made it look as if she had made one stop, exceeding the time limit. 

As she was in the process of moving out of her flat and onto a narrow boat, she then forgot all about it. 

Living on the boat, she only collects mail from a family member periodically. At the end of May this year, she collected a County Court claim letter which gave her 14 days to reply. Unfortunately, the letter had been dated 24 April. She replied immediately and gave them her office address.

(When she checked her credit file, a CCJ had been filed on 19th May)

She then had a letter from the court asking her to fill in a form (and pay £59) for them to decide if the CCJ could be set aside.

She completed the form, giving all the details of the situation, and returned it immediately. She then rang to pay the £59 but was told the charge is now £300 as she had completed an old form! 

She now has 14 days to pay the £300 and really doesn’t know what to do. If she loses, she will have to pay whatever they say she owes and probably court costs.

Advice would be gratefully appreciated. 

Please come back and get her to do the CCJ set aside application urgently.

She will need to supply a reliable address for service - your house? - where you must open her mail daily until the CCJ is set aside and the claim discontinued or struck out.

She will not lose a CCJ set aside application and especially not if she also states in her attached witness statement that this was an ANPR error known as a 'double dip' and therefore, there was never a breach.

Yes she must pay £313 (up front, unless she qualifies for Help With Fees?) but if she does the application PROPERLY and attends her hearing, with our guidance she'll get that fee paid back by the Claimants.

I suggest she starts again with a fresh N244 and a decent Witness Statement as per the example in the thread by @icy_fox

Please come back. I hope she didn't pay it because that doesn't wipe it.