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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 2892
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I received a CCJ on 25 May 2022. I was unaware that I

Customer Question

I received a CCJ on 25 May 2022. I was unaware that I received from because the letters of notice of judgement in default percent to my previous-previous address. I have a reference (of which I can no longer look up on the vehicle control services website) and I have to pay £277. I have been contacted by the ELMS Legal what is the notice to pay the fine and to clear the CCJ. However, I am not sure why I received the fine, or where I received the fine. I have amount of limited time until the 28 day period is up to clear the CCJ with a payment. I’m pretty sure that private parking fines (if it is one) are not criminal matters. Please could you advise?
JA: Where are you? It matters because laws vary by location.
Customer:***@******.***
JA: What steps have you taken so far?
Customer: Oxford, England
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I went to my previous address is and asked if any letters have been sent to I received a few letters today. That is all I know open till now I haven’t been able to call vehicle control services Ltd because their telephone lines were closed by the time I realised what/who it was from (I spent today chasing previous correspondence to old addresses)
Submitted: 9 days ago.
Category: Law
Expert:  Ed Turner replied 9 days ago.

Hello. I am Ed, a Solicitor qualified in England and Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the site’s automatic offer of a Premium Service Phone Call.

Expert:  Ed Turner replied 9 days ago.

I am sorry that you have recently discovered that you have a CCJ registered against you for an historic parking fine but hopefully I can assist you in resolving the matter before it escalates and you are forced to incur significant further legal costs.

Expert:  Ed Turner replied 9 days ago.

I had a job interview with a PCN law firm some years ago and I know their business model and their clients being the “Parking Enforcers” of the World very well!

It appears that they issued Part 7 Court Proceedings against you for the full amount of the penalty. Unfortunately, you did not receive the Court Proceedings as you had changed address and were therefore unable to respond to them by serving and filing an Acknowledgement of Service or a Defence.      The claimant therefore requested a Default Judgment from the Court which has been granted. You have only discovered the Default Judgment at a much later date as it has been registered against you and has adversely affected your credit rating.

You have two options of resolving this matter.

You can pay the amount of the Default Judgment in full, including the original damages claimed, interest and legal costs. You may then send proof that the Judgment has been satisfied to Credit Reference Agencies such as Experian as well as your Bank and it will be removed from your Credit Record.

The other option is that you make an Application to Court as soon as possible for the Default Judgment to be set aside on the grounds that you were not actually served with it and you have a realistic prospect of defending the parking company’s claim on its merits.

However, the amount of damages of the Default Judgment will mean that it is a Small Claims Court matter and therefore parties cannot recover legal advisors’ costs even if they are successful at a fully contested hearing. While you are free to instruct your own solicitor at cost, their fees are likely to be swallowed up by the low amount of damages in issue making this claim uneconomic to defend.

Expert:  Ed Turner replied 9 days ago.

I hope this is a satisfactory initial reply to your question and you understand my recommendations. Please revert to me if you do not understand anything and require clarification of my answer and I shall be delighted to assist.

I can also offer a Premium Service Consultation for an additional fee if you need detailed and bespoke legal advice. If you accept, I will pass you my direct email address and phone number. I can review any relevant documentation and consult with you by telephone for around 20 minutes. This will give you a clearer picture of your legal position and your potential options for progressing the matter to the next stage.

Kind regards

LawyerEd

Customer: replied 9 days ago.
Hi Ed, thank yoh for the quick response. I would just like to know exactly where I incurred the fine as I may be able to contest it (if it’s not too late). I received a letter on the 20th of July that notified me I had received the CCJ so I have a few days left. By the sounds of it the most cost effective thing to do would be to pay the fine. However, if it wasn’t for my old housemate delivering the letter to me personally I’d still be none the wiser.I will give VCS a call tomorrow to see where I incurred the fine and go from there. If I feel I can contest then I will
Customer: replied 9 days ago.
File attached (TV2ZZ34)
Customer: replied 9 days ago.
File attached (QG66V51)
Expert:  Ed Turner replied 9 days ago.

You as Defendant must make an Application under Part 3 of the Civil Procedure Rules 1998 (“CPR”) using Form N244 and request a Hearing before a District Judge with an estimated hearing length of no more than one hour for Default Judgment to be Set Aside under Part 13 CPR.

However, for such an Application to succeed, the Defendant must convince the Court of the following criteria set out in Part 13.3 CPR:

1. The defendant has a real prospect of successfully defending the claim, or there is some other good reason why the judgment should be set aside, or the defendant should be allowed to defend the claim; and

2. The application has been made promptly.

Expert:  Ed Turner replied 9 days ago.

Thank you for the positive feedback. I am delighted that you are satisfied with my reply and wish you all the very best in resolving this matter.

If you require further legal advice from me, please create a new text thread on the portal and tag @EdTurner in the expert box. I will be notified of your request and prioritise it.

Kind regards

LawyerEd