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CCJ, CCJ for parking fine in permit parking zone
T40JCK
post Tue, 21 May 2019 - 14:56
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Hi I,m new to this site - I wonder if anyone can help please. My daughter who is a uni student moved into her new flat in Bow, London in September last year. We had recently bought her a car on finance and the car was registered in my husband's name at our home address. Before she moved in to her flat she had attempted to purchase a parking permit online from Tower Hamlets Council to park outside the flat but when was told that the V5 and address had to be in her name and registered at her flat in London. We sent off the V5 to the DVLA and in the meantime her car was parked at her old flat which was in a gated community off-road. The V5 in her name and address arrived on a Friday and she moved her car outside her flat on the Sunday (which is free parking). On the Monday morning she walked to the Tower Hamlets office around the corner from her flat and purchased a parking permit when the office opened at 9.00 a.m. - when she got back to her flat she had been given a parking ticket at 8.45 a.m - (parking permits come in to effect from 8.30 a.m. Monday to Saturday). She appealed this ticket but was told that she had to pay it. She appealed again but was denied. She did not hear anything else and contacted them but was told to pay it. She did not! - Anyway yesterday she had a letter from a debt collecting agency selotaped to the outside door of her block of flats saying that they will be coming today to collect £513. She is in the middle of her final exams this week for her degree and is terrified. She spoke to a man at Tower Hamlets Council (parking) who basically told her to F-off! I have contacted the debt collectors only to be told that the case went to Court on 2nd April 2019 and a judgement made against her. She has never received in the post any correspondence from the debt collectors or any court documentation or even the judgement against her. I have managed to put this on hold for 7 days but am at my wits end as she is 21 years old in the middle of exams and now has a CCJ against her. The debt collectors are emailing me all the documentation but as yet I have not received anything. Does anyone have any help or advice? I do not know which Court the case was heard in. Thanks
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post Tue, 21 May 2019 - 14:56
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stamfordman
post Tue, 21 May 2019 - 15:10
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QUOTE (T40JCK @ Tue, 21 May 2019 - 15:56) *
She appealed this ticket but was told that she had to pay it. She appealed again but was denied. She did not hear anything else and contacted them but was told to pay it. She did not! -



She should have got a notice to owner, charge certificate and an order for recovery before bailiffs get involved.

But don't worry about CCJ - there is no such judgement made in parking contarventions. The only enforcement is bailiffs, and in rare cases, garnishing of earnings/property.

Does she have the all the existing correspondence?

This post has been edited by stamfordman: Tue, 21 May 2019 - 15:13
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Neil B
post Tue, 21 May 2019 - 15:19
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QUOTE (T40JCK @ Tue, 21 May 2019 - 15:56) *
She appealed this ticket but was told that she had to pay it. She appealed again but was denied. She did not hear anything else and contacted them but was told to pay it. She did not!

That was clever, considering the options that would (should) have been presented to her? On that basis she owes £513.

We need to see the FULL exchange of notices and correspondence, to see if TH have erred and see if she can make a
viable application to the court to revoke the debt order.

This post has been edited by Neil B: Tue, 21 May 2019 - 15:20


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Neil B
post Tue, 21 May 2019 - 16:41
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QUOTE (T40JCK @ Tue, 21 May 2019 - 15:56) *
The debt collectors are emailing me all the documentation

They don't have anything to show you of any use to; your daughter does, as I said.

I assume, you having read my previous post, are preparing to obtain and show us those docs?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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Neil B
post Tue, 21 May 2019 - 20:40
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Happy to have a look through the paperwork to see if your daughter has been had-over by TH in some way
but it would greatly help if you could confirm if you understand what we need and let us know if we are
going to see it?

Thanks.


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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T40JCK
post Wed, 22 May 2019 - 07:43
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Thanks for your responses - I still have not received the promised email containing all the documentation so I will again ring Rundles and find out why it is taking them so long to respond. Will keep you posted.
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stamfordman
post Wed, 22 May 2019 - 08:00
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You didn't read our posts... it is your daughter who has the correspondence.

Bear in mind they could seize the car although they are not supposed to if it's on finance.

This post has been edited by stamfordman: Wed, 22 May 2019 - 08:30
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Neil B
post Wed, 22 May 2019 - 12:23
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and, whatever it is he/she's expecting, I can't see a bailiff sending anything to a third party.

One more try as time is beyond short now.
QUOTE (Neil B @ Tue, 21 May 2019 - 16:19) *
We need to see the FULL exchange of notices and correspondence, to see if TH have erred and see if she can make a
viable application to the court to revoke the debt order.

That is, exchanges between the council and your daughter.

QUOTE (stamfordman @ Wed, 22 May 2019 - 09:00) *
Bear in mind they could seize the car although they are not supposed to if it's on finance.

Is daughter able to handle such a dispute on the spot?
Pre-armed with documentary proof?

Who exactly owns the car? And finance in what name?


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QUOTE (DancingDad @ Fri, 11 May 2018 - 12:30) *
Neil is good at working backwards.

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