Notice if enforcement

[Fegga]

Recieved letter on 1st November ref Parking Notice from October 2021 have been contesting this but keep getting fobbed off!HELP

[echat11]

Hi FEGGA

Welcome to LB

Can you provide more details, time lines, exactly what happened?

Maybe des8 can help.

[des8]

With more information..............
Could you post up redacted letter(s) you have received?
Have you received a court claim?
Name of parking company?
Any debt collectors/solicitors been involved yet?

[Fegga]

Parking occurred on 23rd October 2021,we parked up and I had a medical problem,as I got out of car had a back spasm and couldn't move,after approx 15,20 mins wife hot me back into car and drove home,approx month later had private parking ticket,contacted Premier parking,didn't want to know so appealed to popla didn't want to know,the ticket was now £100 from £50,then Gladstone solicitors sent me letter for £170,I again e mailed both Premier and Gladstone heard nothing,then in may this year over 3 years later had court papers,again e mailed Premier and Gladstone no reply,one month later had ccj for £325,two weeks ago letter from empira saying bailiffs to be sent,I believe Premier,Gladstone and empira are same company,I e mailed empira last Thursday once again to explain what had happened,I'm a 68 disabled pensioner worried sick and stressed this has been going on over 4 years,oh by the way no reply yet from empira HELP

[des8]

So you received a court claim, but did not file a defence with the court.
Gladstones then applied for and then obtained a default judgment against you.
You now have a CCJ and enforcement process has or is about to begin.

Can you tell us why you did not respond to the court?

You might be able to apply to the court to have the judgment set aside (although it is a little late for that now)
If successful this will put matters back to the beginning of the court process, but you will need to show you have a valid defence to the claim.

Your medical emergency (any proof e.g. doctor/hospital reports?) might help.
There could also be faults on the Parking signs, the parking charge notice, the court claim, but not having seen them we cannot be sure.

echat11 any advice re set aside?

[Fegga]

Enforcement process has begun,letter said 14 days that is now up,I did as I said e mailed empira to ask to stop harassing me,didn't reply to court only to Gladstone,thought I had to attend court it's miles away,can't travel,suffered with back problems for many years,gD back surgery to,shall I offer to pay monthly?Just scared bailiffs will turn up at house

[echat11]

Enforcement process has begun,letter said 14 days that is now up,I did as I said e mailed empira to ask to stop harassing me,didn't reply to court only to Gladstone,thought I had to attend court it's miles away,can't travel,suffered with back problems for many years,gD back surgery to,shall I offer to pay monthly?Just scared bailiffs will turn up at house

You might have mitigating circumstances (hope your health improves, your back etc You may have a medical history to back up your reasons for stopping etc.), but communication is the key.
If you could set a side, you still have to deal with the same things communicating with various parties i.e. the Court, attending Court etc.

You could write to the bailiffs (also if it was a private car park, the land owner), explain your circumstances, health issues etc That you are classed as a 'vulnerable persons' and that they shouldn't be harassing you.

https://www.citizensadvice.org.uk/de...re-vulnerable/

Send (get Proof of Postage) or email the following letter,

https://nationaldebtline.org/get-inf...vulnerable-ew/

[des8]

One other point...If you own your car (i.e. no HP) or you do not have a blue badge displayed, then hide it, either in a locked garage, or on a neighbour's ground or many streets away from your house.

If you don't want the hassle of fighting the claim (which would be held in your local court) you might be able to negotiate payment by instalments

[Fegga]

Thanx for reply,I will look at letter for vulnerable persons,we have a car but it's the wife's, I have however locked it in garage,worried now don't know if I can fight it,would I have to go to court?can bailiff just turn up now?looking through other sites including Martin Lewis and empira and gladstones have really bad reputations,don't answer phone calls or e mails never answered mine ,even people say they don't accept monthly payments!Insist on full amount!Cant rest everything car goes past worry it's coming here!

[echat11]

Thanx for reply,I will look at letter for vulnerable persons,we have a car but it's the wife's, I have however locked it in garage,worried now don't know if I can fight it,would I have to go to court?can bailiff just turn up now?looking through other sites including Martin Lewis and empira and gladstones have really bad reputations,don't answer phone calls or e mails never answered mine ,even people say they don't accept monthly payments!Insist on full amount!Cant rest everything car goes past worry it's coming here!

You are 'Vulnerable Persons', they have to conduct themselves in a 'particular way'.
Once they 'veer' from that, you start making complaints, firstly with them, secondly CAB Trading Standards etc.

You have to decide what you want to do.

When you contact them, you can make offers for payment, you have a lot more control over this then you think.

[Fegga]

Thank you, think I will send vulnerable letter to them,still no reply from e mail I sent them last Thursday,am I right in thinking that even if I pay this £323 to them that the ccj is still there?Think i read that you have to pay to get it taken off?

[echat11]

Thank you, think I will send vulnerable letter to them,still no reply from e mail I sent them last Thursday,am I right in thinking that even if I pay this £323 to them that the ccj is still there?Think i read that you have to pay to get it taken off?

You can try to get it set a side, you pay a court fee to set aside. If you are thinking about
doing this, then there is no point in paying the 'bailiffs', as you are saying I don't owe this money.

This resets the clock, to after they lodged the claim with the Court.

https://legalbeagles.org/library/how...-judgment-ccj/

[PallasAthena]

...am I right in thinking that even if I pay this £323 to them that the ccj is still there?Think i read that you have to pay to get it taken off?

If you don't apply for set aside, or apply but court doesn't grant set aside, then the CCJ will remain on the public CCJ register for six years even if you pay it. If you pay it your credit record will note that it was paid but it will still be there for 6 years.

However if you pay the CCJ in full within 30 days of the date the court issued it then it will not appear on the public register or your credit record as a CCJ. I am not clear what date the CCJ was issued by the court but I get the impression it was more than 30 days ago.

[Fegga]

Ccj was issued in May!No point in paying Bailiff then?

[wales01man]

Have the bailiff fees been added?