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#Post#: 21753--------------------------------------------------
CCJ I did not know I had pertaining to a parking charge I did no
t know I still owed
By: Karl Date: May 7, 2024, 11:05 am
---------------------------------------------------------
In 2022, I lived in rented accommodation in Birmingham. After
living there and parking in my designated parking space for
about 6 months, I received a parking ticket. I assumed a mistake
had been made and contacted the agency to tell them so. They
replied that no error had been made and that I would have to
pay, because I had not displayed a permit in my car. At the
time, I did not know that a permit was required; I did not have
a permit. When I moved in, I had been shown where to park but
told nothing about parking permits. I had received no other
communications about parking permits up to the point that I
receive the charge.
In the time it took me to respond to the initial charge, receive
the response and chase up my landlady for a permit, I received
two more tickets for the same reason. This was in the space of
two weeks and the charges now totaled £300. I approached the
site manager for the property and explained what had happened.
He was surprised and told me that he would follow up. He came
back to me to say that the charges had been dealt with and that
the contract with the agency had been terminated, as it turned
out that other residents had had similar experiences and the
site management were not happy about it. Note: this was all in
spoken conversation, nothing written.
I took that as good news, and I heard nothing more about the
parking tickets. I moved house 3 or 4 months later.
Just recently, in April 2024, I noticed that my credit score was
in decline and had no idea why, so I requested a statutory
credit report. On it, I saw a CCJ and a £685 charge. I had no
idea what this was, but after some searching and a few phone
calls and redirects, I found that it pertained to the parking
charges. I do not know what the additional fees are for.
Anybody that I have spoken to since (the court, the original
claimant’s solicitor and another legal advice dot-com) has told
me that I have one choice: pay.
However, (1) I have seen some guidance online that suggests I
can have the CCJ set aside if I was never informed of it, which
I wasn’t.
Also, (2) while I accept that almost everybody seems to
ultimately give up and just pay the charge because claims of
excessive fees are never entertained, I feel that my case is
unique: I accept that I would probably have no choice but to pay
the initial ticket, no matter how unfair I personally feel it to
be. But the successive two tickets that I received before I had
had a reasonable chance to comply seem unlawful?
Finally, (3) the charges that I was aware of, even including the
two successive tickets, totaled £300. What of the additional
£385 that is now a part of the charge?
What advice can you offer regarding these three points? Any
guidance is much appreciated.
P.S. if it is relevant, I have no other debts and never have.
#Post#: 21758--------------------------------------------------
Re: CCJ I did not know I had pertaining to a parking charge I di
d not know I still owed
By: b789 Date: May 7, 2024, 12:20 pm
---------------------------------------------------------
This CCJ must be set side mandatorily under CPR 13.2 as the
claim was never properly served.
(HTM) https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13
1. As you did not receive the original claim, you had no
opportunity to respond to it.
2. You are completely wrong on this point. Just rolling over and
accepting that you had to pay the original PCNs and now are
liable to pay the CCJ is exactly what these unregulated private
parking companies want you to believe. They rely on the
low-hanging fruit on the gullible tree to fall for their scams
and capitulate and pay up.
Once the CCJ is set aside, the original claim will either be
thrown out or allowed to be re-served, depending on several
things that we will come to.
3. The additional charges in the CCJ will be made up of fake
damages/debt collector fees that, ordinarily, would not be
allowed in a "small claims" case, together with the court fee
and fixed legal costs. Unfortunately, in a "default" CCJ, there
is no human intervention and these fake add ons, which would
ordinarily not be allowed, are included.
You have two options to get this set aside. The first option is
to get in touch with the solicitors who filed the claim on
behalf of the unregulated private parking company. You need to
find out who this was by contacting the CNBC and asking them for
the details of the claimant and their representative. You also
need to tell them to send you a copy of the Particulars of Claim
(PoC). Be prepared for a long wait on the phone but persist and
wait on the phone until they have emailed you the PoC and you
have the claimant/solicitor details.
You can either request that the clamant agree to a set aside
which will not involve a hearing and will cost £108. However,
most claimants are greedy thugs and intellectually malnourished
enough not to consent, thereby risking them being to being
liable for the full costs. They hope most defendants aren't
clued up enough to know how to go about this procedure.
The clamant may only agree to a set aside with consent as long
as the defendant pays the £108 fee, which you should not agree
to.
The second option is that you go for a set aside without consent
which will involve a hearing and will cost £275. However, you
can request that the clamant refund the fee. The judge may
decide that the fee is "reserved" until the original claim is
decided. The problem with this is that, depending on who the
claimant/solicitor is, they may then decide to discontinue the
claim, leaving you with an uphill struggle to get the set aside
fee back.
Fist things first... which PPC issued the PCNs? Do you still
have them? Phone the CNBC first thing in the morning, preferably
exactly at 8:30 to try and avoid a long telephone wait and get
the details of the claimant and their solicitor, if they used
one and, importantly, you need to wait on the phone while you
get them to email you the PoC.
Once you've got those details, we can advise on how to move
forward. It is important that you act promptly as no judge likes
to find out that you sat on this information once you found that
you have a CCJ.
#Post#: 21771--------------------------------------------------
Re: CCJ I did not know I had pertaining to a parking charge I di
d not know I still owed
By: Karl Date: May 7, 2024, 1:39 pm
---------------------------------------------------------
Thank you. I appreciate this comprehensive, no-nonsense
response.
I did call CNBC as soon as I opened the Statutory Credit Report.
I had no idea what I was doing at the time, so I basically
called to ask them what it meant. At that time, they did tell me
the name of the solicitors who had filed with the court. It was
Gladstones Solicitors. I didn't know to request anything else,
so at that point I hung up and tried calling Gladstones to
explain to them the circumstances as I have laid them out here.
Unsurprisingly, Gladstones simply told me I had to pay.
The company that sent the PCN was District Enforcement. I do not
have the letters that they sent me anymore, this being almost
two years in the past and, to my knowledge, already cleared up.
I have also moved house since then. In hindsight, it would be
great if I had kept them, obviously, but I didn't.
I do have the response that they sent by email to tell me that
the ticket was not a mistake.
To be very clear: where you say I am absolutely wrong about
point 2, it seems you are saying that I'm wrong about having to
pay any of the charges at all. Is that the correct reading, or
are you saying I am wrong about not having to pay the successive
charges?
#Post#: 21772--------------------------------------------------
Re: CCJ I did not know I had pertaining to a parking charge I di
d not know I still owed
By: DWMB2 Date: May 7, 2024, 2:05 pm
---------------------------------------------------------
Regarding #2, assuming the CCJ is set aside and another hearing
takes place, it would be for a judge to decide whether or not
you had to pay (and if so, how much). Even if you lost at that
stage, there's a fair chance the figure demanded would be less
than the current one, as some of the debt collector charges etc.
they add on can be challenged.
#Post#: 21773--------------------------------------------------
Re: CCJ I did not know I had pertaining to a parking charge I di
d not know I still owed
By: b789 Date: May 7, 2024, 2:11 pm
---------------------------------------------------------
The first thing you now need to do is get back in touch with the
CNBC and request the PoC to be emailed to you whilst you wait on
the line.
Regarding point 2 almost every PCN issued by an unregulated
private parking company has errors and omissions that can be
appealed and defended in court. Without knowing the exact
circumstances of the actual parking incidents and without seeing
the PCNs, it is difficult to advise.
Do you still have a copy of your AST/lease agreement with your
landlord from the time you were living at the address? What the
AST/lease says about parking is very important as is what it
doesn't say bout parking.
More often than not, PPCs are introduced to residential car
parks in breach of the lease. A lease can't just be "amended" to
allow a third part to fetter the tenants rights. Often, the
requirements to display permits is not mentioned nor is there
any legal requirement to display one. Some tenants/leaseholders
d display one out of courtesy.
There is much more to this but for now you need to get those PoC
and if possible SAR the DPO at Civil Enforcement so that you get
copies of the PCNs.
#Post#: 21832--------------------------------------------------
Re: CCJ I did not know I had pertaining to a parking charge I di
d not know I still owed
By: Karl Date: May 8, 2024, 8:34 am
---------------------------------------------------------
I have now been sent the following by CNBC.
[quote] Claimant: DISTRICT ENFORCEMENT LIMITED
Claimant solicitor: GLADSTONES SOLICITORS LIMITED (7372)
Telephone:
Reference:
Judgment amount:£685.93
Particulars of claim:
THE DRIVER OF THE VEHICLE WITH REGISTRATION ..... (THE
'VEHICLE') PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED
ON THE SIGNAGE (THE 'CONTRACT') AT B5 CENTRAL, ON
12/04/2022, 15/04/2022, 29/03/2022, THUS INCURRING THE
PARKING CHARGES (THE 'PCN'S'). THE PCN'S WERE NOT PAID WITHIN 28
DAYS OF ISSUE. THE CLAIMANT CLAIMS THE UNPAID PCN'S FROM THE
DEFENDANT AS THE DRIVER/KEEPER OF THE VEHICLE. DESPITE DEMANDS
BEING MADE, THE DEFENDANT HAS FAILED TO SETTLE THEIR
OUTSTANDING LIABILITY. THE CLAIMANT CLAIMS £100 PER PCN,
£60.00 PER PCN CONTRACTUAL COSTS PURSUANT TO THE CONTRACT
AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY
INTEREST OF £39.75 PURSUANT TO S69 OF THE COUNTY COURTS ACT
1984 AT 10.25% PER ANNUM, CONTINUING AT £0.13 PER DAY.
[/quote]
To reiterate:
- I was NOT aware of "the contract" and had been issued NO
parking permit
- I DID receive the tickets and WAS aware at the time that the
28 day period had passed (during this time, I was pursuing
guidance)
- The second and third tickets were issued WHILE I was still
disputing the first and WHILE I was still waiting to receive my
permit.
- I was then under the impression that the charges had been
withdrawn, so was UNAWARE of continuing charges and,
consequently, any interest due
- I NEVER received any further communications that it was going
to court; I did NOT receive an invitation to appear at court; I
did NOT receive communication that a judgment had been made
against me.
- I have NEVER at any point received any contact from Gladstones
Solicitors of any kind.
#Post#: 21836--------------------------------------------------
Re: CCJ I did not know I had pertaining to a parking charge I di
d not know I still owed
By: Karl Date: May 8, 2024, 9:04 am
---------------------------------------------------------
Additionally, I am here copying from the Tenancy Agreement the
articles relating to parking:
[quote]15. Cars and Parking
15.1. To park in the car parking space, garage or driveway
allocated to the Property, if applicable.
15.2. To keep any garage, driveway, or parking space free of
oil and to pay for the removal and cleaning of any spillage
caused by a vehicle of the Tenant, his family, contractors or
visitors.
15.3 To remove all vehicles belonging to the Tenant, his family
or visitors at the end of the Tenancy.
15.4. Not to park any vehicle at the Property that is not in
road worthy condition and fully taxed.
[/quote]
Note:
- This is the entirety of all mentions of parking in the
documentation associated with moving into the property
- There was a double parking spot allocated to our house with
the house number clearly signposted
- The only way the parking agency were able to send the tickets
to me was by finding my address from the DVLA, at which point
they will have found that the address of the vehicle and the
place it was parked were one and the same
- There WERE signs in the car park which explained the need for
a permit, but I don't know when they appeared and admittedly
always assumed they were to warn non-residents / unauthorised
vehicles.
- On said sign, which I read after receiving the charges, are
the following two, separate points:
- - a valid permit is not clearly on display, or
- - the vehicle is not pre-authorised to park
I would dispute that being the resident and having the vehicle
registered to the address would constitute authorisation to
park, and given that these are "OR" criteria, that would
preclude the necessity to display a permit.
#Post#: 21841--------------------------------------------------
Re: CCJ I did not know I had pertaining to a parking charge I di
d not know I still owed
By: b789 Date: May 8, 2024, 11:27 am
---------------------------------------------------------
Don't worry. This is going to go away if you follow the advice.
For information, Those PoC are woefully inadequate and there is
a very good chance e that the claim will be fully dismissed at
the set aside hearing. This is because there is no mention in
the PoC of what terms, if any the defendant is supposed to have
breached.
This was shown in an appeal court ruling a year or so ago, CEL v
Chan, that because the PoC fail to comply with Civil Procedure
Rule 16.4
(HTM) https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4<br
/>and Practice Directions Part 16
(HTM) https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16.<br
/>The claim (and many others since) have been thrown out because
of this breach of the rules.
Additionally, Gladstones have mendaciously claimed interest at
10.25% which is a violation of Section 69 of the County Courts
Act 1984
(HTM) https://www.legislation.gov.uk/ukpga/1984/28/section/69#:~:text=69%20Power%20to%20award%20interest%20on%20debts%20and%20damages.&text=the%20defendant%20shall%20be%20liable,the%20date%20of%20the%20payment..<br
/>Section 69 of the County Courts Act 1984 permits interest to b
e
added to most non-commercial debts at the rate of 8% per year.
This is a statutory interest rate and can usually be claimed
from the date the debt was due up to the date the claim is
issued.
At the point of issuing court proceedings, other court fees and
costs can also be added to the amount that is being claimed.
However, that as with any other element of a claim, interest can
only be claimed at 8% and is awarded at the discretion of the
court. Gladstones should be reported to the Solicitors
Regulation Authority
(HTM) https://www.sra.org.uk/consumers/problems/report-solicitor/
for
this embarrassing breach of the County Courts Act 1984.
From what you have told us about the AST and the little that it
mentioned about parking, it does not appear that DE never had
any right to impose parking charges and there was no requirement
to display a permit. These things will be part of your draft
defence and also mentioned in your Witness Statement for the set
aside order.
It may be worthwhile trying to get a copy of the Head Lease for
the property from the landlord, just in case there are any items
in there about parking that could supersede your rights in our
AST.
The first thing you should do now is email Gladstones with the
following information. They need to be informed that you intend
to have the CCJ set aside and give them an opportunity to do so
at their expense. The nest steps will depend on their response
to this letter. I suggest it is written and saved in a PDF
format and the emailed to Gladstones as an attachment to the
email. This will serve as proof of delivery.
[quote]Dear Sirs,
[center]DISTRICT ENFORCEMENT LIMITED (THE 'CLAIMANT')
V
[ ] (THE 'DEFENDANT')[/center]
CLAIM REFERENCE [ ]
In April 2024, I noticed that my credit score was in decline and
had no idea why, so I requested a statutory credit report. On
it, I saw a CCJ and a £685 charge. This came as a tremendous
shock as it is the first and only communication I have received
from the Claimant or any organisation representing the Claimant
in relation to this claim.
I made immediate enquiries of the CNBC from which I was able to
establish that:
1. the claim relates to alleged parking events in March and
April 2022;
2. the claim form was sent to an old address at which I no
longer reside; and
3. if I had been given the opportunity to do so, I would have
successfully defended the claim.
I did not receive any pre-claim correspondence, not even a
letter of claim as required by the PAP. Nor did I receive the
claim form or any particulars of claim and was thus deprived of
the ability to defend the claim. The Claimant is well aware that
people move home from time to time. They also know that I did
not respond to any communications sent to me at my old address.
This situation is explicitly dealt with in the Civil Procedure
Rules which provide at CPR 6.9(3):
(3) Where a claimant has reason to believe that the address of
the defendant … is an address at which the defendant no
longer resides or carries on business, the claimant must take
reasonable steps to ascertain the address of the
defendant’s current residence or place of business
(‘current address’).
The Claimant is a member of the International Parking Community
(the ‘IPC’) and is bound by the IPC’s Code of
Practice which states the following terms:
22.1 Operators must take reasonable steps to ensure that the
Motorist’s details are still correct if 12 months have
passed from the Parking Event before issuing court proceedings.
Also:
25.1 The Code complements the relevant legislation and related
guidance, which will define the overall standard of conduct for
all Operators. Operators must be aware of their legal
obligations and implement the relevant legislation and guidance
when operating their businesses.
Civil Procedure Rule 6.9(3) is relevant legislation and has not
been implemented as required by the IPC Code of Practice.
If the Claimant had taken the actions required by the Civil
Procedure Rules and the Code of Practice, my current address
would have been found easily. If those actions had been
performed at the correct time, I would not have been deprived of
the ability to defend the claim.
By reason of the Claimant’s breach of the Civil Procedure
Rules, which amounts to an abuse of the process of the Court,
the claim form was never properly served and the judgment must
be set aside at the Claimant’s expense and the claim
dismissed.
In view of the foregoing, I invite the Claimant to join with me
in an application to set aside the judgment and dismiss the
claim, with the Claimant paying the court fee and no order as to
costs.
Please respond to the above offer as soon as possible so that,
if the offer is acceptable to the Claimant, we can work together
to right the wrong that the Claimant has done to me.
To give the Claimant a reasonable time to take instructions and
for us to agree a suite of documents for the Court, I am willing
to defer making a unilateral application to set aside the
judgment until 4 pm on Wednesday 22nd May 2024. If a joint
application has not been made by that time, I intend to apply to
the Court unilaterally for an order setting the judgment aside,
striking out the particulars of claim, dismissing the claim and
awarding costs against the Claimant on a full indemnity basis.
Pease respond by immediate return.
Yours faithfully,[/quote]
Can you please find out the date the claim was issued as there
could be other points to have the claim dismissed if more than 4
months have passed since the issue date of the claim.
#Post#: 21843--------------------------------------------------
Re: CCJ I did not know I had pertaining to a parking charge I di
d not know I still owed
By: DWMB2 Date: May 8, 2024, 11:36 am
---------------------------------------------------------
In addition to the useful information from b789 above, I noted
this from your previous post:
[quote]15. Cars and Parking
15.1. To park in the car parking space, garage or driveway
allocated to the Property, if applicable.[/quote]
It would probably be worth seeking to acquire some evidence that
this clause is applicable, that is, evidence that a parking
space was indeed allocated to the property, meaning that your
lease did entitle you to park where you did.
The Head Lease mentioned by b789 may help with that.
#Post#: 21845--------------------------------------------------
Re: CCJ I did not know I had pertaining to a parking charge I di
d not know I still owed
By: b789 Date: May 8, 2024, 11:55 am
---------------------------------------------------------
The OP has stated:
[quote]There was a double parking spot allocated to our house
with the house number clearly signposted[/quote]
Although it may be useful to know in what document was this
"allocation" stated.
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