Smart Parking hit with CCJ (over £3,300) after 5-year wrongful pursuit – my experience

Umkomaas

the_worm_that_turned said:

ChirpyChicken said:

the_worm_that_turned said:

ChirpyChicken said:

having asked off forum, that claim has been properly served so see what they do in the next few weeks and if they dont pay instruct the relevant company, it wont cost you much to instruct and its added on in any case

Who did you ask? I am aware it was properly served, but I would like to know how you verified it too. Feel free to DM if that exists on here.

As for enforcement, I am just a LIP so am not too familiar with this, however I am hopeful that they will do the right thing and pay me forthwith, as ordered by the Court. 

It was just a question with SP being out of jurisdiction but its covered within CPR so not relevant, i was playing devils advocate with someone in the legal profession

Ok So if they dont pay within 28 days of the judgment and they haven't applied to set it aside then just use this link here 
https://hcegroup.co.uk/services/money-judgments/judgment-enforcement
That is how you do enforcement and this firm wont charge you a penny, they make their money out of the fees charged to the debtor

Out of interest, why do you say 28 days above? The CCJ makes no reference to a date or number of days, it states:

"You must pay the claimant the total of £ [full amount] forthwith."

I've done lots of searching on forthwith and I see no mention of 28 days and am led to believe that enforcement can proceed from day 1 of the CCJ being served. 

Are you aware of precedence regarding the 28 days you mention? Thanks

It has to be paid within 1 month in order to avoid a negative effect on creditworthiness for 6 years. People can ignore this if it doesn’t affect credit, but then it’s for the Claimant to exercise enforcement action. Whether that enforcement action can be set in train from day 1, I don’t know. 

https://www.gov.uk/county-court-judgments-ccj-for-debt/ccjs-and-your-credit-rating

ChirpyChicken

I say 28 days as its a reasonable time within which to expect payment or for an application to set aside to be made

the_worm_that_turned

ChirpyChicken said:

I say 28 days as its a reasonable time within which to expect payment or for an application to set aside to be made

OK. Thanks. I think 7 days for a company of their size is reasonable to pay. I have no interest in set aside and timelines related to that. I will get the HCE Group guys you recommended in play ASAP then. Thanks

Car1980

It also says forthwith to discourage late payment on the twenty seventh day. Just a nod to encourage immediate settling.

kryten3000

Forthwith means that the sum is due immediately.  For default judgments DCB Legal will pass the unpaid claim back to DCBL who add another fee and then start collection.  They don't need to wait and neither should you.  Waiting 7 days seems fair to me

VCS used to do this to people who lost in court too until it was pointed out that when a judge says payment within 14 days it is unfair to try and enforce before the 14 days is up.  Jake Burgess actually admitted they were wrong to do that in a rare moment of reason.

the_worm_that_turned

kryten3000 said:

... For default judgments DCB Legal will pass the unpaid claim back to DCBL who add another fee and then start collection...

Of course they do! Thanks for your reply. 

ChirpyChicken

Did they pay up?

Bermuda2244

Hi,

Going into battle with Smart Parking at Nuneaton Court on the 14th September, my case is slightly different I entered a busy car park which took time to park and then the payments wouldn't work. I left immediately and parked nearby almost immediately and proved this with a parking receipt. On site for 17 minutes in total.

I would be interested did they pay in the end? Did you use the Ferguson v British gas argument for proof of harassment and costs and how did you evidence a financial cost for the harassment. They'be been chasing me for 4 years before applying for a CCJ and its been a hugely frustrating and annoying process but i certainly haven't had time off for stress or doctors notes etc.

Ferguson would suggest a financial compensation would be in order but in her case she settled out of court we don't know the amount paid

Any help gratefully received, been in the police for 28 years so definitely not my first go at putting a case together just first time for Civil law and any help gratefully received

Wish me luck!

Car1980

I'm afraid you won't be battling anyone, unless you counter claimed.

Smart Parking cases via DCB Legal are always discontinued just before the hearing.

Please start your own thread and show us your letter with court dates and when they had to pay the hearing fee by.

Check they haven't emailed you a Notice of Discontinuance already (check your junkmail too).

Coupon-mad

"Going into battle with Smart Parking at Nuneaton Court on the 14th September"

@Bermuda2244 you really aren't. You'll get a discontinuance next week.