Backdoor CCJ CEL PCN - Herons Foods, Filey, YO14 9AQ

[dx100uk]

yes it is not a fine!! never can be.

 

dx

 

[lookinforinfo]

Ok now I understand. Another one of our members has has a similar experience. While the rogues did send him a letter advising him that if he didn't respond to their letter they would go to Court without  further notice.  They then did go to Court without telling him and he too got a ccj.

 

To me this is totally unacceptable. By all means take someone to court if they believe they owe money but you have to give them the  opportunity to defend themselves. 

 

When they send you the SAR will be able to see their original PCN to you which may not be compliant with the protection of Freedoms Act 2012 which governs the regulation of private car parks.

[Bonny blue]

Thanks thats if they comply by sending it 

Would legal advise be expensive x

 

Mob they did send letters with a larger amount to pay but again could not talk to them on phone or send email 

[dx100uk]

you dont need legal advise

one we have all the info its easy to sort it.

 

await the sar return.

 

dx

 

[Nicky Boy]

Just learn from this experience for the future carroll.

 

If you get correspondence from anywhere and there's any chance of a legal dispute in the future, keep all the correspondence safe.

[comebackjimmy]

I would agree with Nickyboy post 30.

 

Never throw anything away, not even the envelope.  Ideally create folders and store it in date order but if nothing else have a big box and throw it in there.  If it should be needed then a glass of white wine and a big kitchen table would enable you to find everything again!

[Bonny blue]

Yes good idea x

Thank you xx

 

Yes thank you x

[FTMDave]

I think what this comes down to is that you should think about what harm a CCJ is actually doing to you.  I've been on this site for seven years and have never seen a private parking company try to enforce judgement for a single ticket.  So if you ignore the matter essentially nothing will happen.  You will however have your credit file knackered for six years.

 

The alternative, as you wrote in your first post, is to pay £275 to try to get a set aside.  Part of applying for a set aside is including a draft defence.  From what you've written you've stated you would pay the fleecers the original charge so it's difficult to think how you would back up saying you don't owe the money when you've offered to pay it.

Edited April 29, 2023 by FTMDave
Typo

[Bonny blue]

No I offered to pay the original fine as they asked me what I was willing to pay 

 

I did not have a ticket on the car left  only when I got notice by post out of the blue I knew about it  x

[Nicky Boy]

We'll have more idea about what was said (by Bonny and the fleecers) when the SAR arrives...

[Bonny blue]

Just received court letters to set aside judgment  ccj  as I have I never received the court papers  so I could not respond  and I would have I have never been in debt and never has ccj 

Think I may need legal advice as yo how best to fill it out x

[Nicky Boy]

Post rhem up here and the experts will advise.

 

YOU DON'T need a solicitor. 

The site team are extremely knowledgeable. 

[Bonny blue]

not very tec savy  have difficulty  post letters ext 

xx

 

think its not filling them in its just the statement and knowing what to include that is relevant 

[dx100uk]

You do not to pay for legal advice 

 

So the court has sent you an n244 pack?

 

Dx

[Bonny blue]

Yes tried

 To get appointments down CAB advise they are really busy. 

I do suffer with mental health after an illness 4xyears ago anxiety  is an issue with me x

 

Hi is it true if  I pay these gits that I can get ccj removed by a certificate of cancellation using n443

[honeybee13]

Remind us of the date of the court judgment please? My understanding is you have to pay within a month to avoid a CCJ on your record.

 

HB

[Nicky Boy]

It was December last year HB.

[brassnecked]

Set aside and a defence to claimonly way to remove now then

[Nicky Boy]

For your information Bonny

 

Confirmation of what's just been discussed...

 

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

County court judgments for debt: CCJs and your credit rating - GOV.UK

WWW.GOV.UK

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What to do if you receive a county court judgment (CCJ) - how to get it set aside or change what you pay...

 

[Bonny blue]

It was 13 December never received it from court

[Nicky Boy]

2 hours ago, FTMDave said:

From what you've written you've stated you would pay the fleecers the original charge so it's difficult to think how you would back up saying you don't owe the money when you've offered to pay it.

FTM,

If the fleecers disclose these letters, it would depend on how far the process had gone.

If Bonny offered full payment early enough, it could be argued that the fleecers have continued with a vexatious claim?

[Bonny blue]

No offers to pay original fine without the extra charges 

 

Explained why I had gone over my time ext  i was not aware that I had because of health issues just had to get home 

 

1The ccj was registered 13cdecember 2021 

[honeybee13]

Indeed.

 

So if you didn't get the court paperwork, how did you find out about it?

 

HB

[Bonny blue]

I got a letter of civil action to say that I had failed to pay them 299 pounds within the 30 days .

that's the first I knew about it 

 

I had nothing off them after I said I would like to come see them at their office as I could not get them on phone or by email

[honeybee13]

Thank you.

 

HB