Backdoor CCJ - CEL - FINAL WARNING

[Bubsy90]

1 Date of the infringement12/07/2017
 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date]Unknown

 

[scan up BOTHSIDES as ONE PDF- follow the upload guide]please do not put JPG Picture files into your post

 

3 Date received22/05/2018
 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]No
 

5 Is there any photographic evidence of the event?Unsure
 

6 Have you appealed? [Y/N?] post up your appeal]N
 

Have you had a response? [Y/N?] post it upN
 

7 Who is the parking company?Civil Enforcement Ltd

 

8. Where exactly [carpark name and town]Lambourne House, Burntwood
 

I have a backdoor CCJ which I was first aware of beginning on the year, while checking my credit file. I haven’t done anything about it.

 

I’ve received a letter dated 24/11/2020 to my old address, my parents address, who both have dementia and have been in and out of hospital the last few years, I found it on the side opened, but parents don’t pass information on.

 

It’s from civil enforcement limited, asking for me to pay them to settle the judgement or they will take me to court to reclaim monies owed.

This is apparently for my old car, which I owned at the time on the letter, however did not live at the address, I had not long moved home to my current address.

 

I have received no previous information about this.

I know where the car park is, I don’t use it often at all, maybe two/three times in my life.

 

It just states (parking in breach of Terms and Conditions on Notice).

It’s now apparent that this ccj is from this parking fine, I was unaware of.

 

However what do I do now?

I’m worried to contact them, in case they try to get me to admit to something, or want my new address etc.

 

I’ve looked into it and the cost is £225 to ask for a set aside order.

I don’t even know whether this would be successful seeing as I would be to blame for not updating my registered keeper details.

At the time it didn’t seem too much drama as it was my parents house, but sadly they became very unwell, and their house is full of paperwork, letters, hospital visits etc. Any help would be much appreciated.

 

they are asking for £261 in 21 days to settle, but I’ll still have the CCJ for 3 years 6 months.

Not sure what is best to do.

 

Ideally I obviously want this removing from my credit file.

 

thanks 

[dx100uk]

it wasn't a parking fine

where does anything state that?

it was as a result of a speculative invoice sent to your old address as you didnt update the V5C, which if you had done none of this would have happened.

 

them like any owners of any other debts on your credit file should be immediately informed of a move else more backdoor CCJ's will be in the wings.

 

it might be cheaper to simply pay it

ok that doesn't remove the CCJ, only a successful set aside does, bit i can't realistically see any defence to be able to do so.

that boat has long sailed.

 

 

 

 

 

[Will Goodfellow]

It doesn't really make sense that they are threatening to take you to court to 'reclaim monies owed' as you state, they've already taken you to court and have a CCJ against you. That is unless they mean taking enforcement action or submitting an N316 application.

Edited December 14, 2020 by Will Goodfellow

[Bubsy90]

didn’t update the v5c no because at the time it was probably the last thing on my mind. However the company have made no other attempts at trying to contact me before going ahead and taking me to court, if I had known I would have paid. 
 

I don’t have any other debts at all, not even a mortgage so that’s not an issue thank you.
 

the letter titled

Without prejudice save as to costs!

Our offer to settle the judgement debts with a form attached titled application for debtor attend court for questioning.

 

Ive been reading up and was thinking of applying for a set aside - why has that ship long sailed?

[dx100uk]

you have no defence for the original claim, any existing issues at the time of the incident say with viable contracts or poor signage, plaaing permission etc is sadly now trumped by the default judgement.

 

nor do you appear to have any valid reason to set aside .

 

dx

 

[Will Goodfellow]

The form entitled "application for debtor attend court for questioning" sounds like an N316 which is an application to summons you to court and obtain information about your income and any assets which you have. If you receive a hearing date, you have to attend or provide a reason why you can't otherwise you can be found in contempt of court. Is the form completed or blank?

Edited December 14, 2020 by Will Goodfellow

[Bubsy90]

It’s blank.....so they are chasing me for a parking fine that they already took me to court for and for a ccj against me, that I didn’t know about. They want me to pay a reduced fee of £261 instead of the £349 they say I owe them. What a mess!!! I don’t even know what contempt of court means these people sound like savages!!!

[dx100uk]

it is NOT A PARKING FINE!!

 

if the court form is blank then its safe to ignore that which is why they state without prejudice on their letter!

 

its just willy waving trying to get money for their xmas drinks fund on free money from mugs that slip up like you have by not updating your V5C.

 

pers i'd offer to pay the reduced fee if they will remove the CCJ.

go ask them.

 

[Bubsy90]

My plan is -

ring them tomorrow, tell them I’ve seen the ccj via credit check,

tell them I want this setting aside as I had no knowledge of it,

 

Haven’t had chance to defend myself, and won’t be paying anything until I’ve take legal guidance and I’ll only be satisfied with the removal of the ccj off my file.

 

I’ll see what they say, if they offer me a deal, I’ll go for it.

 

To be honest I just want it gone, I can’t be bothered with forms.

I don’t feel threatened by them, from what I’ve read online they sound like ****!  Thanks for the advice!

[dx100uk]

they cant set it aside using the N244 process only you can..the defendant

but you don't want to do that anyway.

you cant do a consent order either as its too late.

 

they can remove it all they have to do is write to the court and ask it be removed.

 

simply make that a condition of your payment of the reduced figure they quote.

[FTMDave]

dx is spot on, but record the phone call and be very, very wary of CEL.

 

Come back here before actually paying anything.

 

We had a case recently where someone paid the money - and then the PPC did nothing to remove the CCJ.  Make sure you stick exactly to what dx is suggesting.

[Bubsy90]

Thank you, what do I do? Get it in writing? Tell them I’m recording the call? Thanks 

[FTMDave]

You don't have to tell them, there's nothing illegal about recording calls, but it might be worth telling them near the end of the call so they know they can't try to con you.

 

Certainly get the agreement in writing!

 

Remember CEL are the enemy, they are one of the worst, most crooked PPCs, so be very suspicious - but yes, go for it with your idea of getting a deal.

[brassnecked]

And don't let them persuade you to settle for a Certificate of Satisfaction for your Credit Report either.

[Bubsy90]

Thank you both! Guess what couldn’t get in contact with them via telephone, so I’ve had to email them and no reply all day.