Writ of control advice please

[Son of Caine]

A few years ago i used a KFC drive through and parked in the provided car parking to eat this took within the allotted time allow to do but when i went to leave my vehicle would not start it had broken down the battery being flat i informed the manager at the restaurant and phoned a local mechanics who said they would attend but might take a while . Anyway sometime later they did the vehicle started i left and thought no more of the matter till yes you may have guessed i received a private parking ticket saying i had exceeded the hours and needed to pay a fine i refused to cut a long story short the letters persisted and then they obtained a CCJ against me i was very ill during this time and admit i could should have dealt with it better during this time i had sepsis badly infected legs and still have the heart failure resulting in a heart attack in Aug 22 so generally very poorly also i had not long lost my dear wife so to say i was somewhat mentally off is an understatement . So the buggers have now threatened a writ of control with the high court i presume as this is a parking ticket and does not come under consumer credit act so they have this option available to them where they would not have were it the debt under the consumer credit law ? Anyway i am still very poorly violins and am now disabled my life has gone to the proverbial fan so to speak as said i have not dealt with this very well indeed at all i feel i have done nothing wrong in reality and that the original parking more than likely long abandoned the pursuit and sold this to debt collection agency .

I have forced myself to do a little reading on the matter it appears that myself of little to no assets no house of my own and my car which is blue badged and disabled taxed are apparently exempt from removal under the writ though it warns not all HCEO interpret the law the same is this true ? So if anyone has any advice perhaps how i might be able to undo the damage i have done by being ill for the last few years and mentally unstable i would dearly love to know and appreciate any advice on the matter ?

[des8]

Hi
Apologies for delay in responding, and sorry to hear of your problems
This isn't really my scene, but noticed you had not received a response and this will bump up your post.

In the meantime how much is the CCJ total?
If under £600 the matter will not be transferable to the High Court, so no writ of control.

Hide your car (in neighbour's garage?) if you can to avoid problems in case a "mistake" is made by court enforcement officers.

[Sir Vere Brayne d'Emmidge]

Hi, there is no need to hide your car, as long as the blue badge is permantly displayed on your dashboard, a vehicle used for the conveyance of a disabled person can not be seized under any circumstance by no authority, except the Police.

The next step is to write to the "authority" issuing the Penalty Charge Notice and tell them exactly what you have told the forum, make sure that you send the letter "signed for".

If you do not get a response within 28 days follow up with an email, also making sure that you ask your email provider to confirm to you that the email has been read.

If you get no response within 14 days then try to call them.

Good luck.

[des8]

Sir Vere Brayne d'Emmidge thanks for popping in.

Problem is that this is a private parking charge and parking company have obtained a CCJ.
The debt collectors might not respect the Blue Badge and confiscation of car even illegally will inconvenience the OP

I think OP will need to apply to court to set aside the judgement, but this needs to be done as soon as possible after discovering it
There is a detailed guide here, https://legalbeagles.info/forums/for...tailed-version

There used to be a shorter guide via the panel on the right but it no longer seems to be working (any ideas ULA ?)

[Sir Vere Brayne d'Emmidge]

Hi Des . . . I hear you, but if the debt collector ignores the blue badge the minimum they face is lose their licence/certification . . . besides, before removing the vehicle they must make every effort to contact the debtor, so if his car is at home he's likely to be in . . . I know that some of the guys rather wait the statutory 2 hours before calling a tow truck if the vehicle is on the Hiway, but not many are stupid enough to voluntarily join the dole queue.

[ULA]

Hi des8 sorry we have a technical issue at the moment in accessing the guides. Our technical team are aware and looking into this for us.

[tesla6518]

Sir I fully understand you illness and how it affected you. However DES8 has the correct approach. Apply to the court to have the CCJ set aside on the grounds of illness (sorry but you will have to pay a fee) Once this is registered with the court, debt collectors have no authority.
You will then have your day in court to challenge the parking company, I would rely on the fact that you had informed the manager of the establishment that you had a vehicle failure and he agreed to you staying there until a mechanic arrived. in the meantime I would request in writing from KFC a copy of the CCTV footage for the time period that you were in their car park ( this is highly unlikely as most companies only retain CCTV recordings for 30 days) you may be lucky, but a reply from them in the negative is good evidence for the court, it throws the element of doubt on proof. They may want to charge you £10 if they have the footage this is prescribed under GDPR.
You do not state if you were a disable badge holder at the time of the incident. If you were it would bolster your excuse that you could not move the car under your own steam (pushing). Hope this helps a bit