NCP/BW Backdoor CCJ - Judgement for Claimant (in Default) Received

[CLELR]

Hi there,

I have received a Judgement for Claimant (in Default) from the national car park EUK Limited on the 23rd of October 2023.  It mentions in the letter that I haven't responded to a claim form therefore I must pay £282.58 by the 23rd of November 2023.

Please can I get advice on what to do as I can't afford this and any advice would be greatly appreciated. I have until the 23rd November to respond.  I Will upload a photo shortly! 

Thank you in advance to anyone who can help!! xxx

[AndyOrch]

3 minutes ago, CLELR said:

I have received a Judgement for Claimant (in Default) from the national car park EUK Limited

Not from the court ?

Have you received a court claim or any notice pre action protocol ?

 

Andy

[dx100uk]

moved to the private parking forum

 i will guess you've moved in recent times and everything was purposefully sent to your old address on your V5c at the time of their private parking invoice to gain a default backdoor ccj judgement then they magically find your correct address to tell the court where to write too..

dx

 

[CLELR]

default judgement

 

default judgement for claimant.pdf

[CLELR]

Hi @Andyorch, 

I dont recall receiving any court claim or any notice pre action protocol, If I did this was posted to my old address six months ago!  I was hoping if there is a loophole to get out of this or I must I pay?

 

[AndyOrch]

Has the NOJ got your correct address as defendant ?

[CLELR]

yes it does

[dx100uk]

oh look BW legal too, that doesn't surprise me either.

the only way you can get this ccj removed/reset and not have to pay the £40PCM ordered is if you have some proof that NCP/BW knew your current address. and thats not likely as you moved and informed neither sadly.

legally they are quite allowed to file everything to your old address.

a N244 set aside will cost you £275 with no guarantee of success re above.

it might be cheaper to just swallow it BUT!!

theres nothing to stop you paying it all off by 30 days (24th nov) and the CCJ will not get registered on your credit file killing credit for 6yrs.

else it will be there for 6yrs and kill your credit.

dx

[AndyOrch]

Then that proves the claimant is aware of your current address and have informed the court same...do you not have any details of when you could have possibly incurred this charge ?

You need to establish if it was current or old address ? 

[AndyOrch]

2 minutes ago, dx100uk said:

legally they are quite allowed to file everything to your old address.

But not if they have the current address

[Nicky Boy]

@dx100uk

Perfect defence to use in a set aside?

 

BPA Code Of Practice:

24 Recovering Unpaid Parking Charges:

24.1c Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct.

[dx100uk]

55 minutes ago, dx100uk said:

i will guess you've moved in recent times and everything was purposefully sent to your old address on your V5c at the time of their private parking invoice to gain a default backdoor ccj judgement then they magically find your correct address to tell the court where to write too..

17 minutes ago, CLELR said:

If I did this was posted to my old address six months ago!

8 minutes ago, dx100uk said:

oh look BW legal too, that doesn't surprise me either.

 

[Nicky Boy]

So they haven't followed their own code of practice, obliging them to...

"take reasonable endeavours to ensure that the contact details for the person you are writing to are correct."

They clearly made "reasonable endeavours", when sending the judgment to the correct address, so it can't have been difficult to find...

[FTMDave]

@CLELR In 99& of backdoor CCJ cases here, the motorist moves, doesn't update the DVLA with the new address for the car log book, and all legal papers go to the old address - as dx100uk is suggesting.

Can you confirm that this has happened in your case?  Then we can move on to how to deal with it.

[CLELR]

I moved in March and changed my address on my license to match my home address straight away, so I am unsure why I didn't receive the fines and the notice letters.

[honeybee13]

So you didn't update your car log book (V5C)?

HB

[dx100uk]

they are NOT FINES.

and you have to update your car's v5c separately to any driving licence

so your car's V5C today, still shows your old address?

dx

[CLELR]

Yes correct 

[honeybee13]

So NCP got your old address from the DVLA using your car reg and used it for court papers. When you didn't acknowledge or defend the claim, sadly they applied for a default judgment against you.

The guys will be able to tell you what your options are.

HB

 

[dx100uk]

1 hour ago, CLELR said:

Yes correct 

opps get your cars v5c done pronto then 

so confirmed 100% that everything did got to your old address

but its rather suspect that NCP/BW suddenly update the court with your correct address once they got a default judgement upon where to send it too.

very good prospect of a successful set aside here .

dx

 

[FTMDave]

You have two choices.

1.  Pay £283 by 23 November, the matter goes away, no CCJ.  But of course it costs you.

2.  Pay £275 to apply for set aside which, without going into detail immediately, is a very easy process and is nearly always granted, as you can easily prove the change of address.  The problem is that, while set asides are nearly always granted, the £275 is nearly always lost.  To make the judge force NCP to pay the £275 you would have to prove they deliberately sent the letters to the wrong address and that they are to blame.

You have some time to decide.

It's always worth asking the fleecing PPCs to consent to a set aside.  The odds of them accepting are remote, but nothing ventured ...  NCP hide an e-mail address, but after about an hour I found one via Birmingham Airport's website.  So get this off tomorrow to  [email protected]  and CC  [email protected]  Give them 48 hours then come back here with whatever situation occurs.

Dear NCP,

Re: claim no.XXXXX, PCN no.XXXXX

as you know you have obtained judgement by default in this case.

I never received court papers which must mean they were sent to my previous address of XXXXX.  However, the Notice of Judgment was sent to my new address of XXXXX which must mean that yourselves and Rachael and Sean of BW Legal were aware of my correct address all along.  Courts take a dim view of this abuse of court procedure.

I will therefore apply to the court for set aside, and will request that the court make your company pay the £275 set aside fee.

My reason for writing is to invite you to agree to set aside by consent, which would mean the £275 fee would be reduced.  Surely it is better for both parties to keep costs to a minimum.

I will wait 48 hours for your answer before applying for set aside.

Yours, XXXXX

[FTMDave]

I take it NCP haven't replied?

[CLELR]

No none 

[FTMDave]

Predictable, but it was worth a try.

So it comes down to -

On 02/11/2023 at 00:01, FTMDave said:

You have two choices.

1.  Pay £283 by 23 November, the matter goes away, no CCJ.  But of course it costs you.

2.  Pay £275 to apply for set aside which, without going into detail immediately, is a very easy process and is nearly always granted, as you can easily prove the change of address.  The problem is that, while set asides are nearly always granted, the £275 is nearly always lost.  To make the judge force NCP to pay the £275 you would have to prove they deliberately sent the letters to the wrong address and that they are to blame.