CCJ Issued from a parking fine i had no idea about!

tyler_brunt · 18 November 2017 at 5:22PM

Hello,
Desperately seeking advice!
I decided to randomly check my credit rating and it appeared to be ridiculously low and I have absolutely no idea why, so I did some digging and it says I have been issued a CCJ by Northampton county court, so i contacted them and they told me it was issued by Civil enforcement service, for an unpaid parking ticket (issued on march 2016) its been around 18-19 months now since I was living at that address it was issued to and I have not received anything at my new address saying I owe anyone money for an unpaid parking ticket?

i reached out to the company trying to get through to them via phone for several weeks it would only allow me to leave a voicemail, which i left several and heard nothing back. i then sent them a formal complaint letter and heard nothing back from that also, so i reached out to the British Parking Association and asked them to look into it and to try to reach out to the civil enforcement service as they would not answer to me. they sent me through all the details from the civil enforcement and it looks like they all sent all the letters to my old house which i moved out of in April 2016.

the initial fine was £60 now it is £350, i am unsure whether i was in the wrong with this parking ticket or not as i cannot remember what i was doing in march 2016 but the PCN says
"CABOT CIRCUS, BOND STREET SOUTH, BRISTOL, BS1 3EN
From:08:49:14 To: 12:15:22
We therefore require payment of this Parking Charge Notice, in accordance with the parking
terms and conditions clearly stated on the signage:
Maximum 15 minutes stay"

what do you recommend i do first? i have been told i need to fill out a N244 to get my CCJ set a side? do you think i have a case as i dont want to spend £255 on the N244 if i dont stand a chance? also now ive reached out to the BPA and they know i have moved address i am worried about them now having my new address and sending out baliffs etc.

i am a 22 year old university student and i really do not want to have a black listed name for 6 years!

waamo · 18 November 2017 at 5:33PM

If you look at the thread titled "**NEWBIES!! PRIVATE PARKING TICKET? OLD OR NEW? **READ THESE FAQS FIRST!** Thankyou!" there is a whole section on getting set asides and court defences.

peter_the_piper · 18 November 2017 at 9:58PM

Make sure your details at DVLA have been updated to prevent any future surprises, both car and license separately.

Coupon-mad · 18 November 2017 at 10:40PM

i have been told i need to fill out a N244 to get my CCJ set a side? do you think i have a case as i dont want to spend £255 on the N244 if i dont stand a chance?

We almost always see set asides accepted by Judges and you can see loads of examples in this forum - search for 'N244' and you will see all the successes, sometimes with the £255 immediately refunded by the dodgy parking firm, by order of a sympathetic Judge.

also now i've reached out to the BPA

...whose 'reach' only extends to protecting the interests of their members.

They don't help the public against scams. They are a Trade Body and recently this year, their utterly shameful fob-off replies to complaints from motorists have shown their level is getting lower.

tyler_brunt · 19 November 2017 at 9:39PM

shall i send Civil Enforcement an email saying i am going to send off an N244 and ask them to put a hold on the baliffs/ debt recovery?

would it be possible to write my N244 statement on this thread for you to review and tell me whether i have provided all the relevant information?

i got told to also fill out an EX160 as i am currently a student and send that off with my N244, do you agree?

Coupon-mad · 19 November 2017 at 9:48PM

shall i send Civil Enforcement an email saying i am going to send off an N244 and ask them to put a hold on the baliffs/ debt recovery?

No.

would it be possible to write my N244 statement on this thread for you to review and tell me whether i have provided all the relevant information?

Yes, of course, hopefully you've seen this is done here regularly, please do read saggi's thread, and others like it, that are linked in the NEWBIES sticky thread post #2 in the section about set asides.

Show us your draft, the set aside Witness Statement should concentrate on the facts about you being 'there to be found' with a simple trace and that the Government have singled out parking firms for this abuse of the Court/CCJ process - you can find an example by searching 'Sir Oliver Heald set aside' on this board.

i got told to also fill out an EX160 as i am currently a student and send that off with my N244, do you agree?

Yes, if you are exempt from court fees then it's a no-brainer to get this set aside application rolling.

tyler_brunt · 19 November 2017 at 11:48PM

apologies, but do you have the link to the form for the example, I can't seem to find the right one when searching 'Sir Oliver Heald set aside'

[Deleted User] · 20 November 2017 at 12:22AM

If this was a ticket issued in March 2016 and it's been 18 months since you last resided at the address to which the proceedings were sent, in principle, you should have still received the parking notice itself on the car or within a matter of days and probably at least 1 follow up letter. Is this the case?

The PPC can only request driver details once and I suspect most district judges would find the PPC entitled to assume that the DVLA address (where it is not a company vehicle) is a valid service address. My concern here is that allowing for a period of unanswered correspondence, the claim probably was issued and served correctly and promptly.

The basis for the set aside therefore needs to be 1/ that you have a good defence for it and 2/ that you acted promptly to set aside (time is of the essence here).

The court may well be sympathetic that you were unlucky enough to receive correspondence immediately after you had moved. That could help towards erring towards the set aside. However, if you can't remember the circumstances, you have no photos of the signs etc,it may be harder to establish that you have a defence to run to the claimed amounts.

Of course there is an argument that the Claimant has claimed unreasonably and without any supporting documents or materials for additional bolt on costs, such that any liability ought to be capped at £60 (i.e. a defence to part of the claim). That may be stronger if you are not well placed to defend the ticket. It'll hurt, for sure, but it's better than £350 and PPCs rarely if ever can defend the additional charges.

If you will genuinely struggle and the CCJ is causing an issue, you may wish to consider a payment - conditional upon the PPC agreeing to set aside the judgment (aka a consent order). Thus the record would then be cleared. If you simply pay it without this, the record is recorded as "satisfied" but is not clean.

over to you....

KeithP · 20 November 2017 at 12:32AM

tyler_brunt wrote: »

apologies, but do you have the link to the form for the example, I can't seem to find the right one when searching 'Sir Oliver Heald set aside'

If you were to put Sir Oliver Heald set aside in the forums search facility, and then choose Show Posts, you would find this post:

http://forums.moneysavingexpert.com/showthread.php?p=73379298#post73379298

It just worked for me.

tyler_brunt · 20 November 2017 at 12:45AM

My apologies i moved out of the address in January 2016, i got my vehicle address changed i think May/June 2016, did not do it immediately as where i was living changed a few times in that period, contacting DVLA tomorrow for exact dates.

i read Saggi1975 draft N244 and they state that they "Order for the original claim to be dismissed", i have not seen any photos or any other evidence as of yet so i am not to sure i have a case for the original claim to be dismissed. the address stated is also not very clear when i put it in my map and drove there i wasnt sure where it was and if i had ever parked there. so shall i just ask for it to be set a side without going into too much detail about defending the original claim?

my main concern isn't the fine its the blacklisted name, my judgement being marked as satisfied will still haunt me for another 6 years and i am sure within the next 6 years after i will be looking for mortgages at some point and i don't want that to be affected.

Coupon-mad · 20 November 2017 at 12:50AM

not to sure i have a case for the original claim to be dismissed.

Yes you do.

No CEL cases are undefendable; a keeper ALWAYS has a case to get the claim dismissed, not least because CEL can't hold a registered keeper liable and you WILL NOT have to say who was driving.

my main concern isn't the fine its the blacklisted name, my judgement being marked as satisfied will still haunt me for another 6 years and i am sure within the next 6 years after i will be looking for mortgages at some point and i don't want that to be affected.

We know, that's why we are telling you what to do. Paying CEL does NOT remove the CCJ.

KeithP even did the forum search for you that I told you to do!

Can't get much clearer.

CCJ Issued from a parking fine i had no idea about!

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