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  • FIRST POST
    • KEV B
    • By KEV B 7th Mar 18, 8:28 AM
    • 7Posts
    • 0Thanks
    KEV B
    Default Judgment Letter Re CEL Parking
    • #1
    • 7th Mar 18, 8:28 AM
    Default Judgment Letter Re CEL Parking 7th Mar 18 at 8:28 AM
    Help Please
    having received a couple of fines over the years and just ignoring them i told my wife to do the same with one she received for taking business colleagues to the hote they were staying at.
    Today she received a judgment in default from County Court Business Centre in Northampton.
    She is freaking out, as she works in the finance industry and needs a clear credit rating and is intending to pay the 351!!!!
    I must say the letter looks fake but i've checked the phone number for the court on gov website and its correct. The court stamp is printed not a stamp?
    There is a claim number but no where any details as to what the judgment is for..although we know what it is for.
    So do we phone the court? Pay the fine?
    Looking at the newbies post it suggests i start i thread urgently from what i can make out.
    I have tried to look at moneyclaim.gov but as my wife is already on the government gateway for her work i don't seem to be able to find anything to do with court as it all relates to her business.This is probably user error i am sure as i am not used to legal matters like this.
    Urgent help greatly appreciated
Page 1
    • Johnersh
    • By Johnersh 7th Mar 18, 8:45 AM
    • 1,031 Posts
    • 1,989 Thanks
    Johnersh
    • #2
    • 7th Mar 18, 8:45 AM
    • #2
    • 7th Mar 18, 8:45 AM
    Call the court, give the claim number and find out. That'll soon confirm if it's genuine (which it probably is).

    It's old advice to ignore parking notices absolutely. What is surprising is that you have received notice of judgment now, but do not report receiving

    1. any correspondence from solicitors
    2. Any prior documents from the court, which is a prerequisite before judgment.

    Have you moved recently?

    Payment of the CCJ must be made promptly if that is the plan to avoid the judgment merely being left on the system for 6 yrs but endorsed as "satisfied."

    A consent order - paying it and getting the other side to agree to a setting aside if the judgment will be quick and clean it all up fast.

    An application to set aside will take time and effort, but many are successful.
    "The best advice I ever got was that knowledge is power and to keep reading."
    DISCLAIMER: I post thoughts as & when they occur. I don't advise. You are your own person and decision-maker. I'm unlikely to respond to DMs seeking personal advice. It's ill-advised & you lose the benefit of a group "take" on events.
    • The Deep
    • By The Deep 7th Mar 18, 9:47 AM
    • 9,209 Posts
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    The Deep
    • #3
    • 7th Mar 18, 9:47 AM
    • #3
    • 7th Mar 18, 9:47 AM
    MPs are on your side wrt these unprincipled default judgements by these scammers. However this is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences.

    Parking Eye, Smart and a smaller 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 nearly always lose) and have been reported to the regulatory authority by an M.P.

    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 most of these companies may well be put out of business by Christmas.
    You never know how far you can go until you go too far.
    • The Deep
    • By The Deep 7th Mar 18, 10:31 AM
    • 9,209 Posts
    • 8,979 Thanks
    The Deep
    • #4
    • 7th Mar 18, 10:31 AM
    • #4
    • 7th Mar 18, 10:31 AM
    Are you sure that you have a CCJ and not just a money claim? If the latter it is just a normal PPC scam. Even if you lost in court the judge is unlikely to award the claimant more than 200.

    If you have a CC you may be able to get it set aside, there is plenty of information on how to do this on the internet and various help forums.
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 7th Mar 18, 10:48 AM
    • 2,482 Posts
    • 3,035 Thanks
    nosferatu1001
    • #5
    • 7th Mar 18, 10:48 AM
    • #5
    • 7th Mar 18, 10:48 AM
    If the words judgement are on there, the deep, it certainly doesnt sound like the normal MCOL claim form
    • Quentin
    • By Quentin 7th Mar 18, 11:05 AM
    • 35,602 Posts
    • 19,818 Thanks
    Quentin
    • #6
    • 7th Mar 18, 11:05 AM
    • #6
    • 7th Mar 18, 11:05 AM
    Now that she has received notification of the CCJ if her employment is jeopardised by a ccj on the register then she needs to be aware it will already be on the register so may need to inform her HR/Manager that this is being dealt with.


    Simply paying it off within the month since it was issued doesn't automatically remove it - it is up to the claimant to inform the court.


    She can do belt and braces and get a dated receipt of payment from the claimant to send in to the court herself


    If she is going down the set aside route, then the CCJ will be removed if it is granted (though will be showing on the register until then)
    Last edited by Quentin; 07-03-2018 at 12:07 PM.
    • KEV B
    • By KEV B 7th Mar 18, 1:19 PM
    • 7 Posts
    • 0 Thanks
    KEV B
    • #7
    • 7th Mar 18, 1:19 PM
    • #7
    • 7th Mar 18, 1:19 PM
    yes i am sure this is not a normal claim letter
    it does have the words
    judgment for claimant (in default)

    we have not moved recently, we have definitely not received any court correspondence previous to this.
    we have received various letters from all sorts but chose to ignore them without even reading them which i now know was a mistake.

    i have just spoken to the court who confirm it is real and that we do indeed have a judgment already.
    they are emailing a form to me to dispute it and which apparently sends it to local court?
    the court confirmed that we would have received court paperwork before this but we 100% did not.

    What now?????
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 1:29 PM
    • 57,473 Posts
    • 71,054 Thanks
    Coupon-mad
    • #8
    • 7th Mar 18, 1:29 PM
    • #8
    • 7th Mar 18, 1:29 PM
    Read the NEWBIES thread about set asides. The second post of the sticky tells you all about it:

    NEWBIES PLEASE READ THESE FAQS FIRST

    and read the second post, and look for the bit about SET ASIDES
    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.

    • Umkomaas
    • By Umkomaas 7th Mar 18, 2:14 PM
    • 17,579 Posts
    • 27,800 Thanks
    Umkomaas
    • #9
    • 7th Mar 18, 2:14 PM
    • #9
    • 7th Mar 18, 2:14 PM
    we have not moved recently, we have definitely not received any court correspondence previous to this.
    we have received various letters from all sorts but chose to ignore them without even reading them which i now know was a mistake.
    A set-aside won't be easy if you've ignored court papers. I know you say you've 'not received any court correspondence'. Proving that to satisfy the court that a set-aside should be granted is going to be tough, and it's going to cost you 255 to find out.

    How long ago since your last house move? It has helped others in the past getting a set-aside, if post has gone to a former address (V5C not updated), but if you've been receiving correspondence about this particular parking charge to your current address, this may not be a 'runner' for you.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • KEV B
    • By KEV B 7th Mar 18, 2:27 PM
    • 7 Posts
    • 0 Thanks
    KEV B
    we havent moved for years
    looks like we are going to have to pay it as we don't have the time to go to court and as you say ignoring all correspondence is not really a defence. However we 100% have not received any previous court letters as we definitely would have looked into this more if we had received from courts.
    • Umkomaas
    • By Umkomaas 7th Mar 18, 2:35 PM
    • 17,579 Posts
    • 27,800 Thanks
    Umkomaas
    looks like we are going to have to pay it
    I presume you are within the timeframe given by the judgment to pay this off in order for it not to affect your wife's credit rating?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • nosferatu1001
    • By nosferatu1001 7th Mar 18, 2:57 PM
    • 2,482 Posts
    • 3,035 Thanks
    nosferatu1001
    Yes, you need to be within usually 1 monthy of the judgement for it to cause the CCJ to be wiped. DO NOT trust that the C will do this - get a receipt from them, and hand deliver it to the court, or at least post / email it. Something ROBIUS T is needed. Confirm they have it and the CCJ will be wiped

    You would need a WS (evidence) to state no claim form was ever received. This is the proof to the contrary of the interpretaitons act. However Im not sure you would get a refund of the set aside fee as its not the claimants fault (sadly)
    • KEV B
    • By KEV B 7th Mar 18, 3:39 PM
    • 7 Posts
    • 0 Thanks
    KEV B
    yes the judgement was 1st March
    paid online but the amount was different to the judgement
    tried to call CEL several times to pay and speak to them but you cant get through to anyone from automated service it seems just keep getting an answer phone message
    i can just see this is going to rove difficult for the remaining 30
    • waamo
    • By waamo 7th Mar 18, 3:45 PM
    • 3,230 Posts
    • 4,284 Thanks
    waamo
    If you've paid then getting a set aside could be very difficult indeed. I think you may have to take this on the chin.
    This space for hire.
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 4:57 PM
    • 57,473 Posts
    • 71,054 Thanks
    Coupon-mad
    yes the judgement was 1st March
    paid online but the amount was different to the judgement
    tried to call CEL several times to pay and speak to them but you cant get through to anyone from automated service it seems just keep getting an answer phone message
    i can just see this is going to rove difficult for the remaining 30
    Originally posted by KEV B
    Send them the other 30 as a cheque marked on the back: 'full and final settlement' and repeat that in a covering letter, requiring that they inform the court that it is paid in full.

    You made a mistake paying this though.

    looks like we are going to have to pay it as we don't have the time to go to court
    NO well-defended CEL cases on here go to an actual court hearing.

    Too late now...you'd have paid nothing except 255 to set it aside (yes that process would have involved a hearing but very short, thirty minutes maybe, if she just recounted honestly that no court claim arrived, that it was not ignored and would never on the balance of probabilities have been ignored, as she works in financial services - and then showed that the claim was defendable, which all CEL ones are).

    CEL would not have turned up and you could then have asked the Judge before skipping back to work, for the 255 fee to be refunded by them, or had that cost reserved to be paid, when they discontinued.

    Which they would have.
    Last edited by Coupon-mad; 07-03-2018 at 5:49 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.

    • KEV B
    • By KEV B 7th Mar 18, 5:45 PM
    • 7 Posts
    • 0 Thanks
    KEV B
    i realise we could have gone to court but with my wife's situation coudln't take the risk of the judgement staying around.
    plus it would mean a day off work which is more than the fine
    i spoke to the court about the difference they said that is CEL fault and that i should send my proof of payment to them via email to get the file removed as it is not my problem that CEL asked for the wrong sum??
    lets see how that goes
    • KEV B
    • By KEV B 7th Mar 18, 5:46 PM
    • 7 Posts
    • 0 Thanks
    KEV B
    lesson learned dont just ignore these fines!!!
    • Coupon-mad
    • By Coupon-mad 7th Mar 18, 7:40 PM
    • 57,473 Posts
    • 71,054 Thanks
    Coupon-mad
    Yep, it would have been cancelled on first appeal, easily. We always beat CEL.
    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.

    • Umkomaas
    • By Umkomaas 7th Mar 18, 7:43 PM
    • 17,579 Posts
    • 27,800 Thanks
    Umkomaas
    lesson learned dont just ignore these fines!!!
    Originally posted by KEV B
    Especially with the likes of CEL where an initial appeal (using the ready-written template to copy and paste) would have probably seen CEL give in, or a copy and paste POPLA appeal where they would almost certainly give in, or, finally, a copy and paste defence, Witness Statement and DQ would see them definitely discontinue.

    Opportunities missed - by many miles!
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • KEV B
    • By KEV B 8th Mar 18, 9:15 AM
    • 7 Posts
    • 0 Thanks
    KEV B
    yep well i've just sent one to horizon now...my wife needs to look at her watch more
    Used the copy and paste in newbies
    called sainsburies to no avail...still got to try the head office
    interesting to see there don't seem to be any examples of sainsburies cancelling one
    One thing i cant see from the newbies thread...what would you expect to happen from defence?
    to not hear from them again?
    to write and challenge?
    to write to say dropping claim?
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