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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 77745
Experience:  Over 5 years in practice
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Mr Chendo, I have been dealing with a parking fine that I

Customer Question

Hello Mr Chendo, I have been dealing with a parking fine that I had nothing to do with, a car I previously owned 9 months before the fine was issued which was sent to be scrapped and paperwork sent to DVLA, during this time I moved home and forgot about the return letter DVLA stating the car has been registered to the tow truck driver employed but the scrap yard i found online. Next i recieved these letters from Parking & Property management ltd saying that I have to pay them £260.58 and another for £577.02. Now the dates shown for the car been parking in their property were nights of me working so I possibly could not have driven and parked my car their as I look after my children during the day and at work at night, I immediately contacted DVLA to notify them of what has happened and the updated their records showing that I was not the owner but as I do not have the name of the tow truck driver they could not put his details to the record. I have informed BW Legal who are representing Parking and Property management ltd but they say that I have to pay, I have tried contacting the business civil court in Northampton but go no answer as I wanted to take this matter to court, now I have received 2 letter saying that CCJ have been taking out against me as I failed to attend court, which is funny because I have never received any documentation stating I was due for any court appearances, what do you advise I do? DVLA advised me not to pay as they are not a governing body to issue such fines.
Submitted: 7 months ago.
Category: Law
Expert:  Jo C. replied 7 months ago.

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

Expert:  Jo C. replied 7 months ago.

Who is the issuer please?

Customer: replied 7 months ago.
Parking and Property management ltd are the issuers
Expert:  Jo C. replied 7 months ago.

Ok, did you get the summons?

Customer: replied 7 months ago.
If you mean a court date, well no I wasnt given any dates or times to attend court
Expert:  Jo C. replied 7 months ago.

do the DVLA have the right address for you?

Customer: replied 7 months ago.
they do, and the vehicle in question was updated as they said that they had not received the first notification I had sent them, I had bought a new car at the time as the old one was not road worthy and unsafe
Expert:  Jo C. replied 7 months ago.

Setting aside a CCJIf there is a valid basis upon which the claim may be contested, like a dispute over liability, then you do have the option to apply to set aside the judgment.You can do that using the N244 forms although there is a fee. The application will be heard fairly quickly but you can also request that the execution is stayed in the meantime. If judgment is set aside there will no longer be a debt although it may be brought again.If you apply to set judgment aside you should draft your intended defence and give it to the court as part of your application.A good idea is to ask the creditor if they agree with the application. Often they will and then it is almost automated. If they do agree, write to them confirming the agreement and copy it to the court. Can I clarify anything for you?Jo