Received another CCJ for the SAME parking ticket

[BegalLegal]

Hello,
I've been reading through a lot of these threads and most of them seem pretty successful, I am a complete newbie when it comes to these things so I need a little bit of advice.

So in OCT 2017 I received a CCJ which was issued by SCS LAW, it was for 6 parking tickets from Britannia parking, I was pretty stupid and ignored the letter so they won the case and I had a judgment against me.

A few weeks ago I received another CCJ but this time it was from BW Legal, I didn't want another judgment against me so I decided I was going to defend this case, I filled out the AOS and that was when I found my old CCJ in my draw. I started reading through it and noticed that the CCJ from 2017 already had the old ticket listed on it.

So they have already issued a CCJ for this ticket and won the case, they have now sent me another CCJ for the same ticket, is this something they can do or have they messed up?

Hope you guys can help,
Thanks!

[Amethyst]

If you are certain they are the same 'ticket' then you will want to tell the claimant and tell them to discontinue the claim else you'll have to apply to strike the claim out and request costs.

On the existing judgment - are you making payments / has it been settled or has no action been taken by the judgment holders ?

[BegalLegal]

Hey,

Thanks for the helpful reply!

Yes, I am certain it's for the same ticket, it's got the same date and location on each CCJ.

That's great news, how would you recommend I contact BWlegal to let them know? Think I need to get this sorted quickly as I'm not sure how long I've got left. The letter is dated 30th of Jan and I've filed an AOS so I've still got some time right?


I have not heard anything with the existing judgment, I am not making payments neither have they contacted me yet.

Kind Regards

[Amethyst]

Not a lot of time then - about a week before you have to file your defence - so maybe give BW a call in the first instance and follow up with a letter enclosing details of that original judgment.... and the evidence showing it includes this same "ticket" - you might have to put a defence in before they withdraw. Think it'll have to be Monday before you can talk to them now. Can prep an application to strike out over the weekend in case they point blank refuse -there is a £255 court fee for an application .... if you're not eligible for fee remission then you might be able to just put a defence saying similar in and respectfully requesting a strike.

Is that scs law Brittania judgment showing on your credit file ?

[BegalLegal]

Hey,

Sorry it's taken me a while to reply, I called BW legal and gave them all the information they needed, the guy on the phone said it's the same PCN number as the old claim. Meaning this claim has already been dealt with by the previous company.

They have forwarded the details to the legislation team but it's taking too long, time is running out and I need to put my defence in by tomorrow. Every time I call them up they say there is nothing they can do about it as they have already forwarded the email.

Please could someone give me some advice?

Would it be worth putting my defence in now as I'm guessing if I don't the judgment will go against me by default?

[Amethyst]

You could telephone and ask to speak to the Litigation Team and inform them that as the deadline for your defence is tomorrow, you intend to file an application to strike out their claim as an abuse of process because they have decided to re-litigate a decided issue, and as such, unless they file a notice of discontinuance with the court by 4pm today, you will file your application and ask the court awards the cost of such ( £255 ) plus any further costs should it progress to a hearing against them.


Otherwise , if you don't fancy that, you could put a defence in stating exactly what you stated to BW Legal..... just so you are protected against any default judgment..... but remember a default judgment isn't automatic - the claimant has to request it - so it depends really how much you trust them not to cock things up... a basic defence in place will protect you.

example....

1: The Defendant denies he is liable to the Claimant as alleged in the Particulars of Claim or at all.

2: It is the Defendant's contention that the claim is an abuse of process and respectfully requests the court strike out the CLaimant's statement of case pursuant to CPR 3.4(2)(b) because;

a) The claim in this case is for a debt alleged to be owed under a parking charge issued by Britannia Parking Ltd on XXth XXXXXX 201X with a reference of XXXXXXXXX.

b) Britannia Parking Ltd has previously litigated on the same cause of action and obtained a County Court Judgment ( Claim Number XXXXXX ) on XXth XXX 201X.

c) The Claim referenced in (b) above was for the same debt alleged to be owed under a parking charge issued by XXXXXXXXXXXX Ltd on XXth XXXXXX 201X with a reference of XXXXXXXXX.

3: The Claim is denied.

[BegalLegal]

I did mention multiple times that I would like to speak to the Litigation Team, however, they kept saying that it's not possible as they don't have a phone number...

Thanks for the example defence, I filled it out and submitted it to the court.


Will keep you updated,

Thanks again!

[charitynjw]

Amethyst

Hiya

Both ostell & myself reckon that Britannia's 2017 PCN's are defective. (Well, certainly the one in the link below)