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BW legal- CCJ entered despite payment plan agreed and false info given to the court

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  • BW legal- CCJ entered despite payment plan agreed and false info given to the court

    Hi all,

    I received a parking ticket last summer which I contested on the grounds that the bays weren't properly marked out. The company that run the car park (Premier Parking Solutions Ltd) rejected the claim and then "Independent Appeals Service" (are these actually independent?) rejected the appeal.

    At this point I did the grown-up thing and buried my head in the sand. I started receiving letters from BW legal and ignored those too and In Feb I finally received a Claim Form from the court in Northampton.

    I eventually gave in and set up a payment plan through the BW Legal website. Despite this being at a rate that, according to BW's site, would avoid a CCJ, they have entered a CCJ by acceptance.

    More details below:

    Received a claim? Yes
    Issue Date:11/02/2021
    Have you Acknowledged the Claim?:Yes
    Total Amount Claimed : ~£250
    Claimant’s Name:PREMIER PARKING SOLUTIONS
    Solicitors Firm:BW LEGAL ?
    Original Creditor:
    Original Debt (eg. Credit card/Loan/Overdraft) :Parking charge
    Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):

    The Claim is for the sum of [~£100] being due from the Defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on [xx/xx/2020] in the private car park/land [car park location] in relation to a [make/model of car] registration mark [car reg].

    The PCN was issued as the driver failed to comply with the terms and conditions, as displayed.

    Despite demands, the charge remains unpaid. The Claim also includes Statuary interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.02) from [xx/xx/2020 to xx/xx/2021] being an amount of [<£5].

    The Claimant also claims £60.00 recovery costs as set out in the Terms and Conditions and in the ATA Aos Code of Practice.

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Not sure what “Statute Barred” is but I did challenge the PCN.

    List any letters you have sent (eg: CCA/ CPR ):

    Any Other Information or Background Details:Last week I set up a monthly payment through the BW Legal site. On the following page I was told that my initial amount was below the threshold at which they would NOT put in for a CCJ by acceptance, so I increased the amount to meet thethreshold and avoid the CCJ. The following morning I received an email accepting the higher payment amount, but also stating:-

    Your Repayment Arrangement Has Been Accepted
    Thank you for returning the Admission (N9A) form to us with your offer of repayment which we have accepted.
    We have now asked court to enter Judgment (CCJ) by admission for repayments as follows:
    This morning I received a letter from the court in Northampton titled “Judgement for Claimant (acceptance)”. It also seems that BW Legal have told the court that I have only agreed to pay the smaller instalment amount (the first amount I had entered) even though they had acknowledged in their email that I had agreed a higher amount, per the instructions on their site.



    I've got myself into a bit of a mess by ignoring this, but it was only when my partner suggested looking on here that I realised what crooks these people are.

    Is there any way I can have this CCJ removed at this point? Can I respond in a way that would make BW back off completely?

    Any help is very much appreciated.
    Tags: None

  • #2
    To be perfectly honest with you, it's a bit late in the day to be fighting this don't you think?

    Yes, it’s possible to get the CCJ set aside but for £250 is it really worth the effort and time?

    Comment


    • #3
      Originally posted by EnglandPi View Post
      To be perfectly honest with you, it's a bit late in the day to be fighting this don't you think?

      Yes, it’s possible to get the CCJ set aside but for £250 is it really worth the effort and time?

      I appreciate it may not seem like a large sum but it's still an expense that I could do without, ATM.

      I had begrudgingly agreed to a payment plan specifically to avoid a CCJ. My major reason for asking for advice here is not to save money (though that would be great) but to get rid of the CCJ that BW Legal have, wrongly, entered against me.

      Comment


      • #4
        Is anyone able to advise on what the outcome would be if I informed the court that the instalment amount is incorrect? Would they just amend the instalment amount to the higher amount, or could it be seen as grounds to scrub the CCJ?
        I do have screenshots of the page on the BW site which states - "You can prevent a CCJ being entered if you are able to pay [amount I agreed to] per month. Obviously this wasn't the amount they told the court i had agreed to.

        Comment

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