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Hi,

 

I got a parking ticket in late February which I have been unable and has risen to £165.

 

My council has written to say it will be registered with the county court if not paid within 14 days of service.

 

Is service the date of their letter as it took 8 days to get to me an I do not have the funds to clear it until after the 14 days.

 

Will it stick on my credit file?

 

Many thanks.

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Is this a local authority or a Debt collecting agency.

 

A local authority will use their own baliffs to collect and will not impact your credit file

 

This seems to me to be a private car parking company rather than your local council

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Thread move to correct forum.

 

What the council are saying is that they will take court action should you not pay within the time frame stated. If they do go to court, you can defend it or admit the offence. Once you get a County Court Judgement, you have up to 30 days to pay this judgement and if done so, there will be nothing on your credit file. If you don't pay or can't afford to pay within the time allowed, an entry will be made on your credit file and that will stay there for 6 years, royally screwing your chances of decent credit.

 

Did you not appeal the ticket?

 

As it stands, I would be borrowing off someone and pay this before it gets to court as the amount will increase due to court costs and solicitor fees.

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Thank you both. Councils own parking service chasing it.

 

Don't have any ground to dispute it.

 

Council are saying they may register with the county court (£8) and it will be paid within next seven days.

 

It is an automatic judgement for issues like this?

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Just to be clear, with council tickets you will not get a CCJ.

 

What you have received is a Charge Certificate, which consists of the original full penalty of £110 + 50% = £165.

 

You have 14 days to pay that. If you don't, they will send you an Order for Recovery which adds £8 = £173 and you have 21 days to pay that. If you don't, bailiffs will be instructed and that's when it gets really expensive, up to £573

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Thread move to correct forum.

 

What the council are saying is that they will take court action should you not pay within the time frame stated. If they do go to court, you can defend it or admit the offence. Once you get a County Court Judgement, you have up to 30 days to pay this judgement and if done so, there will be nothing on your credit file. If you don't pay or can't afford to pay within the time allowed, an entry will be made on your credit file and that will stay there for 6 years, royally screwing your chances of decent credit.

 

Did you not appeal the ticket?

 

As it stands, I would be borrowing off someone and pay this before it gets to court as the amount will increase due to court costs and solicitor fees.

 

Practically nothing in this post is correct. There is no court action - it's decriminalised. You cannot "go to court" and you cannot admit or defend the offence as there's no such mechanism (plus, it's not technically an offence anyway). There is no county court judgement possible, and nothing on your credit file for 6 years, or ever, and so no royal screwing of credit ratings. There are no court costs or solicitor's fees to pay Indeed, no solicitors are involved.

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You need civil action to obtain a liability order for the debt to be passed onto baliffs and enforced as a civil debt

 

Council tax as an example is a civil debt but enforced through the magistrates court

 

In either of the two examples the debtor will be liable to any enforcement costs, civil or criminal court

Edited by obiter dictum
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What are you talking about? Decriminalised parking isn't council tax. It's decriminalised. Tax evasion isn't.

 

There is no court in decriminalised parking enforcement. The debt already exists, and the enforcement process follows as matter of course. The council already has a legal right to recover it, and that's what they do every day. Why would a court even need to be involved?

 

The only point at which any court enters the picture is through a formal rubber-stamping operation by Northampton TEC which is practically an automated computer message pinged back and forth. No human being will even look at it.

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Before we go down the line with insults, my comment has everything to do with either a parking ticket or council tax

 

In both cases the local authority cannot enforce that debt without some kind of liability order obtained through either the civil or criminal justice system to instruct recovery agents such as baliffs

 

So kindly wind your neck back in

 

https://www.gov.uk/appeal-against-a-penalty-charge-notice

Edited by obiter dictum
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OD they don't need to do court for PCN's

it was decrim'd years ago.

 

 

read whats being said properly

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Never, and i repeat never did say they needed to go to court

 

What i stated was that they need some kind of liability order to enforce through either the civil or criminal justice system to instruct baliffs to collect.

 

The council simply cannot do that themselves without a third party intervention

Edited by obiter dictum
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What i stated was that they need some kind of liability order to enforce through either the civil or criminal justice system to instruct baliffs to collect.

 

The council simply cannot do that themselves without a third party intervention

 

Liability Orders relate, in the main, to council tax arrears. For council PCN's, the Order For Recovery enables councils to instruct bailiffs.

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I didn't insult you "obiter dictum", I corrected you.

 

In your relatively short post you managed to bring up "a liability order" "magistrates court" and "civil or criminal court", all in the context of a PCN.

 

It's not only misleading as to the due process, but plain wrong. I'm not trying to insult anyone, but if you give this sort of advice out, I will challenge it. The OP needs correct info.

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  • 4 weeks later...

You're actually both right and both wrong.

The matter does go to Court; in that although TEC is as Jamberson describes, it has the powers of a Court, i.e. appropriate authority as part of Northampton County Court.

 

The term 'Liability Order' is riling Jamberson and I can understand.

 

The equivalent, in this process, would be the Order for Recovery Michael mentioned.

£8 is the registration fee charged by TEC who 'authorise' the issue, by the local authority, of that Order.

 

Obiter you are mistaken and misleading by referring to 'civil action' which most will perceive to mean an action in Court:

There is none, as liability for the debt is pre-confirmed by the parking (or related) legislation; requiring no judgement.

Jamberson has already explained this.

Hence registration is all that is required and it really is all automated.

 

Your earlier mention of 30 days is further misleading and, given the OP's situation, potentially dangerous.

 

The Order, in this instance, will allow just the 21 mentioned earlier.

 

FAR MORE IMPORTANTLY:

What is MICHELLE actually asking here?

Does she just want to delay payment? - in which case she has a little time.

 

Or something else?

 

Perhaps she should explain how it got this far and exactly what documents she received prior to the Charge Certificate.

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