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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I want to bring a money claim against a parking company- New

Resolved Question:

I want to bring a money claim against a parking company- New Generation Parking / ZZPS.
They registered a CCJ against my credit file for £1809 at Northampton Business Centre back on 22 June 2015. They say it was for parking violation.
They sent the PCNs to my previous address so I never saw any of the letters etc
On seeing the CCJ I rang the court and they gave me details for the solicitors acting for NGP.
It turns out they even got the address wrong of where they said I was parked.
There were no notices, signs etc to show they operated at the site or had a right to.
They have now refused to send me evidence I have requested regarding the contraventions including photographic evidence. They now also claim not to have received my letters (which I sent recorded delivery/ to be signed for). It's been months since my letters to them, I have not heard any more from them.
NB- i paid the amount so as to get the CCJ removed within 30days (as I work in the financial sector). I know if i had gone with the option of setting it aside it would be a long drawn process. This would also mean the ccj would remain on my record for a period of up to 6yrs
Soon after I paid the £1809, they wrote to my current address (as their solicitors gave them my address following the payment I made); saying I owed another £534- again they had clearly sent the letters to my previous address. They were requesting payment and threatening to file a CCJ if no payment is received. I sent them a reply saying they had no right to ask for monies when they had failed to carry out due diligence. I have heard no more since then.
Now I want to bring a claim to get my money back-the £1809 I have paid to get the CCJ removed from my file.
What are my chances of success, especially as they have breached several rules they should get right-eg checking with the DVLA to make sure they have an up to date address for a registered keeper of a vehicle?
I am also aware a few months have passed. Are there any time limitations?
Can you give me advice on the steps to take?
Also what medium should I use?- Money claim online or paper application to the court?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
In terms of timeframe you have 6 years under the Limitation Act 1980 to bring a claim, so it appears you have plenty of time. I agree they should have checked with the DVLA to make sure they had an up to date address before issuing proceedings, that way you would have paid less.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

what do you think my chances of success are because i dont want to start a process that will cost me more money than i've already lost

can you help me with the claim?

Expert:  Ash replied 2 years ago.
I think you have a decent chance given what you have said. Sadly I can't act for you as its against site rules sadly.
Alex
Customer: replied 2 years ago.

is the £37.52 for a live discussion via phone on top of the £28 im paying already? or does it make it up to £37.52?

Expert:  Ash replied 2 years ago.
No, it is an additional service.
Alex
Customer: replied 2 years ago.

ok

thank you.

I will do as you've advised...and see how i get on.

thanks,

Marian

Expert:  Ash replied 2 years ago.
Good look Marian!
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
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Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex