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  • FIRST POST
    • tyler brunt
    • By tyler brunt 18th Nov 17, 4:22 PM
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    tyler brunt
    CCJ Issued from a parking fine i had no idea about!
    • #1
    • 18th Nov 17, 4:22 PM
    CCJ Issued from a parking fine i had no idea about! 18th Nov 17 at 4:22 PM
    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!
Page 1
    • waamo
    • By waamo 18th Nov 17, 4:33 PM
    • 3,210 Posts
    • 4,238 Thanks
    waamo
    • #2
    • 18th Nov 17, 4:33 PM
    • #2
    • 18th Nov 17, 4:33 PM
    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.
    This space for hire.
    • peter_the_piper
    • By peter_the_piper 18th Nov 17, 8:58 PM
    • 26,046 Posts
    • 34,974 Thanks
    peter_the_piper
    • #3
    • 18th Nov 17, 8:58 PM
    • #3
    • 18th Nov 17, 8:58 PM
    Make sure your details at DVLA have been updated to prevent any future surprises, both car and license separately.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
    • Coupon-mad
    • By Coupon-mad 18th Nov 17, 9:40 PM
    • 57,449 Posts
    • 71,031 Thanks
    Coupon-mad
    • #4
    • 18th Nov 17, 9:40 PM
    • #4
    • 18th Nov 17, 9:40 PM
    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.
    Last edited by Coupon-mad; 19-11-2017 at 8:44 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • tyler brunt
    • By tyler brunt 19th Nov 17, 8:39 PM
    • 8 Posts
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    tyler brunt
    • #5
    • 19th Nov 17, 8:39 PM
    • #5
    • 19th Nov 17, 8:39 PM
    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
    • By Coupon-mad 19th Nov 17, 8:48 PM
    • 57,449 Posts
    • 71,031 Thanks
    Coupon-mad
    • #6
    • 19th Nov 17, 8:48 PM
    • #6
    • 19th Nov 17, 8:48 PM
    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.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • tyler brunt
    • By tyler brunt 19th Nov 17, 10:48 PM
    • 8 Posts
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    tyler brunt
    • #7
    • 19th Nov 17, 10:48 PM
    • #7
    • 19th Nov 17, 10:48 PM
    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'
    • Johnersh
    • By Johnersh 19th Nov 17, 11:22 PM
    • 1,026 Posts
    • 1,977 Thanks
    Johnersh
    • #8
    • 19th Nov 17, 11:22 PM
    • #8
    • 19th Nov 17, 11:22 PM
    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
    • By KeithP 19th Nov 17, 11:32 PM
    • 7,186 Posts
    • 6,670 Thanks
    KeithP
    • #9
    • 19th Nov 17, 11:32 PM
    • #9
    • 19th Nov 17, 11:32 PM
    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'
    Originally posted by tyler brunt
    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:


    It just worked for me.
    Last edited by KeithP; 20-11-2017 at 12:00 AM.
    .
    • tyler brunt
    • By tyler brunt 19th Nov 17, 11:45 PM
    • 8 Posts
    • 0 Thanks
    tyler brunt
    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
    • By Coupon-mad 19th Nov 17, 11:50 PM
    • 57,449 Posts
    • 71,031 Thanks
    Coupon-mad
    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.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • tyler brunt
    • By tyler brunt 19th Nov 17, 11:54 PM
    • 8 Posts
    • 0 Thanks
    tyler brunt
    Thank you very much for the help so far really appreciate it!
    apologies for all the questions, this situation caught me completely off guard
    • tyler brunt
    • By tyler brunt 21st Nov 17, 6:22 PM
    • 8 Posts
    • 0 Thanks
    tyler brunt
    Hello guys, can you review this pelase, your feedback would be greatly appreciated! this is my witness statement so far, not sure whether ive included enough or i have not mentioned the right things, i have not included the evidence for dismissing the claim yet.


    NORTHAMPTON COUNTY COURT

    Claim No. XXXXXXXXXX

    BETWEEN:

    XXXXXXXXX Claimant


    -- and --


    XXXXXXXXXXX Defendant


    I ORDER THAT:


    1. The judgment dated XXXXXXXX be set aside.

    3. The Claimant do pay the Defendant's costs of this application to the sum of £255.



    WITNESS STATEMENT

    I am XXXXXXXXXX and I am the Defendant in this matter.
    This my supporting Statement in support of my application dated XXXXXXX to:
    · Set aside the Default Judgement dated 27/03/2017 as it was not properly served at my current address;
    · Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee;
    · Order for the original claim to be dismissed.

    1. Default Judgement
    1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in27/03/2017. However, this claim form has not been served at my current address and I thus was not aware of the Default Judgement when I was doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS (XXXXXXX). However, I moved to a new address in January 2016. In support of this I can provide confirmation from XXXXXXX County Council showing my updated details for the purposes of paying Council tax.
    1.2 After moving into my new address XXXXXXX, in January 2016 for the next couple of months I was personally moving from a few addresses which delayed me sending off my V5Logbook to the DVLA to get an address change. when my circumstances changed I sent my V5Logbook off to the DVLA in June 2016 which on their system the address for the vehicle got changed on August 2016.
    1.3 However, Due to having split parents my DVLA driving license address has been at the more stable/permanent address XXXXXX since December 2015, had any correspondence been sent to this address also I would have been notified of it.
    1.4 I have never received any documentation from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.
    1.5. On XXXXXX I contacted Northampton County Court to find out details of the Default Judgement. The lady on the phone gave me the contact details of the claimant and said it was related to an unpaid parking fine.
    1.6. On XXXXXXXX I began to contact the Claimant using the contact number given to me by Northampton County Court, I double checked this was the correct number by comparing it to the one on their official website. I was not able to get through to a member of the Claimant’s staff to discuss, nor have I received a response to my numerous answer phone messages left on the Claimant’s legal department answer-phone. This means as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than knowing it relates to an unpaid parking fine.
    1.6 On XXXXXXX I sent them an email while still trying to get through via phone and leaving tons of voice messages.
    1.7 Two weeks later, on XXXXXXX I sent them a formal complaint letter via post. I waited 1 month for a response as advised by a gentleman from trading standards Bristol.
    1.8 No response once again, so on XXXXXX I filled out a customer enquiry form on Bristol Parking Association (BPA) website seeking advice, I waited and no response from them either.
    1.9 On XXXXXX I processed the same customer enquiry for a second time on the BPA website, I received a response on XXXXXX saying they will contact Claimant for more information.
    1.10 On XXXXXX BPA sent me details of all the proceedings with the initial PCN.
    1.11 I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details. According to publicly available information my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This practice was singled out for criticism in the 23rd December 2016 Ministry of Justice announcement of a crackdown on companies issuing claims using incorrect addresses (see exhibit A). Announcing the measures, Justice Minister Sir Oliver Heald stated:
    "It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments.In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address."
    1.12 Civil Procedure Rule 6.3 requires that "Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).
    1.12.1 Very simple and reasonable steps would quickly have provided the Claimant with both confirmation that the address they used was no longer where the defendant resides, and the information needed to acquire a current address. Such sources of information include, but are not limited to:
    1.12.2. The local council. 1.12.3. The DVLA driving license address. 1.12.4 A simple google search of my name shows links to my Facebook and other social media platforms that I could be reached on. 1.12.5. Address searches can be as little as £35 plus VAT on websites, there is also no reason the claimant could not incur the costs of a trace, because those costs can be added to their proceedings.
    1.13. On the basis provided above I argue that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim. The Claimant had obtained the Defendant personal details from the DVLA without the Defendant’s acknowledgement. They did not take reasonable steps to ensure they have my updated personal details when issuing the proceedings in March 2016.
    1.14. The defendant was there to be found if alternative methods had been used.
    1.15. Considering the above I was unable to defend this claim properly. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.
    • tyler brunt
    • By tyler brunt 12th Mar 18, 5:24 PM
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    tyler brunt
    Update:
    After my paperwork getting lost in the post and the courts never receiving them I eventually managed to get everything sorted, the case got moved to my local court (from Northampton to Southampton), Nobody from Civil Enforcement Ltd appeared, the judge was very abrupt and straight to the point in saying because my address of the logbook did not get changed immediately and there was a short delay i was at fault, although I mentioned several points that I was there to be found if alternative methods were attempted and my driving license address had been at my second address (due to split parents) for several years and if any correspondence was sent there also i would of received it. however, because I mentioned in my defense about dismissing the claim that the PCN was issued more than 14 days after the violation he said I had a chance.
    he did not dismiss the claim entirely for some reason but set my CCJ and said I would have to appear another hearing for the dismissal of the claim and only then if I win that will my court fees be paid for by claimant and my claim dismissed.

    how long will it take for my credit file to be amended of this set-aside?

    also, for the next hearing do I just take the paperwork for my defence of the claim that I previously used? would there of been any specific reason as to why the judge did not dismiss the claim and the set my judgment aside in the same hearing? or is it standard procedure for there to be another hearing?
    • IamEmanresu
    • By IamEmanresu 12th Mar 18, 5:50 PM
    • 2,302 Posts
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    IamEmanresu
    standard procedure for there to be another hearing?
    Yes as the underlying claim has not been decided yet. What usually happens is the CEL withdraws as they don't want to lose and have to pay the £255. You'll have a clean record but you'll be £255 lighter.
    Idiots please note: If you intend NOT to read the information on the Notice of Allocation and hand a simple win to the knuckle dragging ex-clampers, then don't waste people's time with questions on a claim you'll not defend.
    • Quentin
    • By Quentin 12th Mar 18, 5:51 PM
    • 35,596 Posts
    • 19,810 Thanks
    Quentin

    how long will it take for my credit file to be amended of this set-aside?
    Originally posted by tyler brunt
    Should happen more or less straight away
    • tyler brunt
    • By tyler brunt 12th Mar 18, 6:05 PM
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    tyler brunt
    Should happen more or less straight away
    Originally posted by Quentin
    the hearing was Wednesday 7th and i opened money saving expert credit club today and it says it is still there, do i contact my local court about this?
    • KeithP
    • By KeithP 12th Mar 18, 6:10 PM
    • 7,186 Posts
    • 6,670 Thanks
    KeithP
    ...do i contact my local court about this?
    Originally posted by tyler brunt
    Yes .
    .
    • waamo
    • By waamo 12th Mar 18, 6:12 PM
    • 3,210 Posts
    • 4,238 Thanks
    waamo
    the hearing was Wednesday 7th and i opened money saving expert credit club today and it says it is still there, do i contact my local court about this?
    Originally posted by tyler brunt
    Free services like credit club only update their information once a month so it's probably still showing from the last time it was updated.

    To check the official register look here https://www.trustonline.org.uk/
    There is a small fee but this is the live register of ccj's
    This space for hire.
    • Ed2000
    • By Ed2000 13th Mar 18, 8:42 PM
    • 48 Posts
    • 24 Thanks
    Ed2000
    You will rec. a written Order from the court.

    It will say something like:

    1. Judgement set aside.
    2. Defendant has 28 days to file and serve a defence in default of which Claimant can enter judgement without need for further Order.
    3. No order as to costs or Costs reserved.

    After you file a defence the matter will proceed to trial unless either party pulls out.
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