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  • FIRST POST
    • tyler brunt
    • By tyler brunt 18th Nov 17, 4:22 PM
    • 12Posts
    • 2Thanks
    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 2
    • Jackandjill
    • By Jackandjill 9th Jun 18, 1:16 PM
    • 1 Posts
    • 0 Thanks
    Jackandjill
    Exactly what happened to me, and I feel the same. Interested to know if you had any luck getting it removed?
    Jackandjill
    • Quentin
    • By Quentin 9th Jun 18, 1:51 PM
    • 37,317 Posts
    • 21,479 Thanks
    Quentin
    Exactly what happened to me, and I feel the same. Interested to know if you had any luck getting it removed?
    Jackandjill
    Originally posted by Jackandjill
    Your question is covered by post #14 above

    See the newbies FAQ thread near the top of the forum for advice on how to get a ccj against you set aside.

    Fairly straightforward as long as you apply as soon as you are aware of the ccj.

    Start your own thread if you have any questions after reading up on the process
    • tyler brunt
    • By tyler brunt 6th Jul 18, 2:03 PM
    • 12 Posts
    • 2 Thanks
    tyler brunt
    UPDATE:

    I received a letter from the court then asking if I would agree to the claim being moved to the small claims court, which i agreed.

    I then received a letter saying:

    ' Before District Judge Grand sitting at the County Court of Southampton, London Road, Southampton SO15 2XQ.
    Of the Court's Own Initiative
    IT IS ORDERED THAT
    1. The claim is struck out for an abuse of process

    Reasons:
    the claim is based on an alleged contractual parking charge of 100. The amount claimed on the claim form is 253.22 and on particulars of the claim 328.22. This inflation of the considered amount is a gross abuse of process.

    2. this order having been made by the court pursuant to Rule 2.2 of the civil procedure rules 1998, any party affected by this order has a right to apply to set aside, vary or stay it by application made not more than 7 days after this was served on the party making the application.'

    I presume that this means the case is over and i have won!?
    • Quentin
    • By Quentin 6th Jul 18, 2:08 PM
    • 37,317 Posts
    • 21,479 Thanks
    Quentin
    It will once the deadline is passed for the claimant to apply for this order to be set aside
    • tyler brunt
    • By tyler brunt 6th Jul 18, 2:17 PM
    • 12 Posts
    • 2 Thanks
    tyler brunt
    do you know roughly how long they have? that letter was sent to me dated, 30th May.
    • KeithP
    • By KeithP 6th Jul 18, 2:45 PM
    • 9,271 Posts
    • 9,504 Thanks
    KeithP
    do you know roughly how long they have? that letter was sent to me dated, 30th May.
    Originally posted by tyler brunt
    From your quote from the Order in post #23, they have seven days from service of the Order.

    The Order is deemed served five days after the date of issue of the Order.
    So if the Order is dated 30th May, they had until Monday 11th June.

    Ask the court what's going on.
    Last edited by KeithP; 06-07-2018 at 2:49 PM.
    .
    • Coupon-mad
    • By Coupon-mad 7th Jul 18, 12:14 AM
    • 61,622 Posts
    • 74,522 Thanks
    Coupon-mad
    UPDATE:

    I received a letter from the court then asking if I would agree to the claim being moved to the small claims court, which i agreed.

    I then received a letter saying:

    ' Before District Judge Grand sitting at the County Court of Southampton, London Road, Southampton SO15 2XQ.
    Of the Court's Own Initiative
    IT IS ORDERED THAT
    1. The claim is struck out for an abuse of process

    Reasons:
    the claim is based on an alleged contractual parking charge of 100. The amount claimed on the claim form is 253.22 and on particulars of the claim 328.22. This inflation of the considered amount is a gross abuse of process.


    2. this order having been made by the court pursuant to Rule 2.2 of the civil procedure rules 1998, any party affected by this order has a right to apply to set aside, vary or stay it by application made not more than 7 days after this was served on the party making the application.'

    I presume that this means the case is over and i have won!?
    Originally posted by tyler brunt
    Yay! Another one bites the dust! Only a handful lost so far this year and literally dozens won each month now, coming in thick and fast!

    Unless they applied to set aside that order and succeeded, which seems impossible given the circumstances, you have WON!



    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • nigelbb
    • By nigelbb 7th Jul 18, 9:33 AM
    • 2,025 Posts
    • 2,818 Thanks
    nigelbb
    UPDATE:

    I received a letter from the court then asking if I would agree to the claim being moved to the small claims court, which i agreed.

    I then received a letter saying:

    ' Before District Judge Grand sitting at the County Court of Southampton, London Road, Southampton SO15 2XQ.
    Of the Court's Own Initiative
    IT IS ORDERED THAT
    1. The claim is struck out for an abuse of process

    Reasons:
    the claim is based on an alleged contractual parking charge of 100. The amount claimed on the claim form is 253.22 and on particulars of the claim 328.22. This inflation of the considered amount is a gross abuse of process.

    2. this order having been made by the court pursuant to Rule 2.2 of the civil procedure rules 1998, any party affected by this order has a right to apply to set aside, vary or stay it by application made not more than 7 days after this was served on the party making the application.'

    I presume that this means the case is over and i have won!?
    Originally posted by tyler brunt
    Wow! I don't think I have ever seen a PPC case kicked out for abuse of process by inflating the claim with dodgy extra fees.

    Just about every PPC claim does this & it is especially egregious when they claim keeper liability as the keeper is only ever liable for charges incurred by the driver at the date of the parking event not an inflated claim months later.

    This should be a worthwhile argument for every defence now.
    • The Deep
    • By The Deep 7th Jul 18, 9:48 AM
    • 10,008 Posts
    • 9,836 Thanks
    The Deep
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
    • fil cad
    • By fil cad 7th Jul 18, 7:51 PM
    • 778 Posts
    • 636 Thanks
    fil cad
    It about Greg Knight got his fingers out and hammered these filthy scammers
    PPCs say its carpark management, BPA say its raising standards..... we all know its just about raking in the revenue.
    • Umkomaas
    • By Umkomaas 7th Jul 18, 7:59 PM
    • 19,464 Posts
    • 30,758 Thanks
    Umkomaas
    It about Greg Knight got his fingers out and hammered these filthy scammers
    Originally posted by fil cad
    Don't you think he is doing so? He's just an ordinary MP, not a Minister of State.
    The fact that I have commented on your thread does not mean I have become your personal adviser. A long list of subsequent questions addressed for my personal attention is unlikely to receive a reply.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • IamEmanresu
    • By IamEmanresu 8th Jul 18, 6:41 AM
    • 3,290 Posts
    • 5,521 Thanks
    IamEmanresu
    So you don't have another hearing and the court doesn't have to provide one - but you are 255 lighter.

    Courts 1 - CEL & OP 0
    If you want to win - avoid losing first. Here are a few examples
    1. Failing to Acknowledge or Defend https://forums.moneysavingexpert.com/showthread.php?t=5760415
    2. Template defences that say nothing https://forums.moneysavingexpert.com/showthread.php?t=5818671&page=5#86
    3. Forgetting about the Witness Statement
    • NeilCr
    • By NeilCr 8th Jul 18, 6:53 AM
    • 2,269 Posts
    • 3,059 Thanks
    NeilCr
    It about Greg Knight got his fingers out and hammered these filthy scammers
    Originally posted by fil cad
    It's not going to be any time soon. He is still awaiting a slot for committee. Given we are nearly at the summer recess you may be in for a bit of a wait.

    Whatever your views on the subject there is nothing Greg Knight can do about the Parliamentary timetable.
    • tyler brunt
    • By tyler brunt 16th Jul 18, 11:20 AM
    • 12 Posts
    • 2 Thanks
    tyler brunt
    I would just like to say thank you so so so much for all the hard work you guys do! Genuinely got myself in a right state thinking i was completely screwed and there was nothing i could do!
    You guys respond quickly to any query and have so much patience with everyone, feels amazing i can finally put this burden to rest!
    Thank you!
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