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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22919
Experience:  Senior Partner at Berkson Wallace
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We are facing multiple CCJs from a private parking company

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We are facing multiple CCJs from a private parking company patrolling an underground, secure and designated space car park. We were supplied the incorrect permit when we became tenants of the block. Do we have grounds to defend them? Thanks
Assistant: Where are you? It matters because laws vary by location.
Customer: Hemel Hempstead
Assistant: What steps have you taken so far?
Customer: None. The car was a rental and all correspondence went to the registered address supplied by the hire company. We have just received notification of a CCJ and 2 more pending and a load of letters after going back to our old address. We ignored the initial tickets.
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so. Thanks

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Did you park there?

Customer: replied 7 days ago.
Yes we parked in the register bay assigned by the management company of the block
Customer: replied 7 days ago.
I am available to speak tomorrow if this is easier
Customer: replied 7 days ago.
Rather chat though if you have time

Actually I'm not sure this is my area. I will pass you onto my colleague but he may respond in the morning now.

Customer: replied 7 days ago.
Ok Jo, thank you for your time. Samuel

I have been asked to look at this for you.

 

You have shot yourself in the foot by ignoring the initial tickets.

Why did you do that?

 

Did you not have mail redirected?

 

If there are judgements against you, you are going to have to apply to court to have the judgement set aside.

 

The fee for that is GBP255. I accept that is probably more than the amount of the judgement but that’s the weight is on that’s what happens I’m afraid for ignoring the tickets not dealing with them head-on. I accept that you didn’t get them your address but a previous address that’s the other thing about not having your mail redirected.

 

I think you do have a very good defence but no defence is guaranteed.

 

If you do get the judgement set aside it will then go forward for a trial hearing.

You can ask the court to award the costs of the set-aside application against the applicant in your favour but if the reason that you didn’t respond was that you had moved house, that would be through no fault of the claimant and it’s unlikely you would get it back.

 

Here are the government webpages on setting aside the County Court judgement: https://www.gov.uk/county-court-judgments-ccj-for-debt/if-you-dont-owe-the-money

 

Please note, this doesn’t squash it, it just puts it in abeyance pending a trial hearing.

 

I’m sorry, I know this is not the answer you wanted.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards

Customer: replied 7 days ago.
Thank you for your reply Stuart. Due to missing the reply dates for the CCJ and the set-aside fee being close to the outstanding amount, we will have to pay them.
Two things come to mind. Is there any chance we can request to pay less due to legal fees charged against us by the parking company or better to just pay the full amount?
Secondly, I have a feeling we will be sent a number of other CCJ orders as there were multiple tickets issued before we received the correct permit. Are you able to point me in the direction of a similar case defence we can use?
Many thanks
Samuel

And I will rate you as many stars as possible if you are able to reply with anything!

A barrister would charge you about GBP600 foreign advice and about GBP300 per hour at least plus VAT, for the research.

They would not normally issue multiple claims for multiple tickets because it is simply not viable to do so. They would normally lump all the tickets together and just issue one set of proceedings because it makes it much cheaper and worthwhile doing.

There is a lot of commentary on the Internet that you can ignore these. The people say that our idiots. You can’t. You can in Scotland where you can simply say contact the driver but don’t say who the driver is, but not in England & Wales.

 

If ever you get one of these tickets again, you can get rid of it very early on usually for about 10 quid which is far cheaper than going to and spending the day in court even if your defence succeeds. If you get caught again, poster question for my attention on here and I will tell you how to get off it. It works 99 times out of a hundred.

 

If they have a judgement against you, they have a judgement in their is no need for them to negotiate. Why would they want to?

 

Sorry.

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22919
Experience: Senior Partner at Berkson Wallace
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