Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: Yac.dz16 on August 07, 2025, 12:37:26 pm

Title: Re: Bailiffs comes to my door
Post by: b789 on August 08, 2025, 12:25:41 pm
The only way you can pause the bailiffs is if you apply for a 'Stay of Execution'. This halts enforcement of the High Court writ temporarily.

You would need to submit an N244 Application Notice at the High Court District Registry that issued the writ, or at the Royal Courts of Justice. You would need the following supporting documents:

- A witness statement explaining why the judgment should be set aside (eg. no service, valid defence)
- A draft order requesting the stay and transfer back to County Court
- The fee: £313 (fee remission available if eligible)

In this case you would have some serious explaining to the court as to why you failed to respond to the claim and the excuses you have tried here absolutely will not only not help you but actually go against you. You'd need to explain very eloquently why the judgment should be set aside under CPR 13.3.
Title: Re: Bailiffs comes to my door
Post by: b789 on August 08, 2025, 12:17:57 pm
The single biggest mistake you made was ignoring the county court claim. That act alone handed them a default judgment on a silver platter—and with it, you proverbially blew off both feet, your arms, and your face in one clean shot.

Transferring liability may have been valid, and the operator may have accepted it, but none of that matters once you let the claim go unanswered. You forfeited your right to contest, defend, or even explain.

Now you're dealing with High Court Enforcement, which is the endgame—not the beginning. No amount of moaning, hand-wringing, or forum sympathy is going to reverse a judgment that you allowed to crystallise through silence.

You need to stop digging and start climbing. You’re in a procedural grave you dug yourself. Get professional legal advice immediately. You’re in a self-inflicted procedural mess, and only someone who understands the mechanics of set-aside applications and enforcement protocol can help you now.
Title: Re: Bailiffs comes to my door
Post by: JustLoveCars on August 08, 2025, 10:07:54 am
The liability been transferred when I received the Pcn to my home address before the court letter been sent..I transferred the liability in September 2024 and the court letter was march 2025..I appreciate your help ..
We're going around in circles now...

Did you provide the parking company with the name and serviceable address of the driver?  How exactly did they respond, if at all?

...but as already explained you have a CCJ in your name and there is a very specific next actions if you want to apply to remove it.

I do not recommend ignoring it.
Title: Re: Bailiffs comes to my door
Post by: Yac.dz16 on August 07, 2025, 07:52:13 pm
The liability been transferred when I received the Pcn to my home address before the court letter been sent..I transferred the liability in September 2024 and the court letter was march 2025..I appreciate your help ..
Title: Re: Bailiffs comes to my door
Post by: andy_foster on August 07, 2025, 07:44:47 pm
What happened before the court claim was lodged and ignored is only relevant to the chances of having the matter set aside and defending a subsequent restatement of that claim.

There is no concept in law (other then indemnity) of transferring liability for a private parking penalty to the driver - all you can do is remove their ability to hold you vicariously liable under schedule 4 of the Protection of Freedoms Act 2012 by giving them the details of the driver. If they know the details of the driver, before a court claim is made, they cannot hold you vicariously liable as keeper.

The time and place to argue this would have been in a defence to the court claim you chose to ignore. Regardless of how weak or strong their claim or your defence would have been, if you don't defend a court claim, you lose by default.

So far, you seem to be very good at drip-feeding insufficient information and repeating questions that have already been answered. If you don't want to, or can't be bothered to provide a meaningful account. that's fine, although don't expect much help. If you would rather repeat the same questions, rather than reading the advice you have been given, I'll just lock the thread.
Title: Re: Bailiffs comes to my door
Post by: Yac.dz16 on August 07, 2025, 07:26:54 pm
This is when I transferred the liability and it’s been approved.
Title: Re: Bailiffs comes to my door
Post by: b789 on August 07, 2025, 07:12:37 pm
If you have a CCJ for over £600 and the debt is not regulated by consumer credit law (it isn't) then they will have obtained a High Court Writ and will be attempting to enforce it. High Court Enforcement Officers (HCEOs) have a lot of powers and will likely use them to try and recover the debt.

This will not simply go away. It could involve attachment of earnings orders or charging orders. It will not simply time out after 6 years.

However, if the CCJ was issued in default, there is a possibility of getting it set aside. However, we would need to know the circumstances of why the claim was not responded to and what actual evidence you have that the liability for the PCNs was transferred to the driver and accepted by the operator.
Title: Re: Bailiffs comes to my door
Post by: JustLoveCars on August 07, 2025, 07:06:19 pm
Are they allowed to do that??
Have you read any of the replies?
Title: Re: Bailiffs comes to my door
Post by: Yac.dz16 on August 07, 2025, 06:45:27 pm
To be honest I don’t mind ccj on my credit score the only things I’m worried about is to for entry my house. Are they allowed to do that??
Title: Re: Bailiffs comes to my door
Post by: JustLoveCars on August 07, 2025, 06:08:19 pm
I contacted the civil national business centre ,they said you need to contact DCB legal and when I called them they said you have to call the court..I will just ignore them and that’s it
You have 3 options:

1) Pay it
2) Apply (promptly) to have it set aside (and defend it properly)
3) Ignore it - you will have a CCJ impacting your credit rating and the Bailiff's will persist
Title: Re: Bailiffs comes to my door
Post by: Yac.dz16 on August 07, 2025, 05:21:24 pm
I contacted the civil national business centre ,they said you need to contact DCB legal and when I called them they said you have to call the court..I will just ignore them and that’s it
Title: Re: Bailiffs comes to my door
Post by: JustLoveCars on August 07, 2025, 05:12:23 pm
The things I didn’t ignore them I transferred the liability
Apparently not...  Ignoring a claim form in your name was ill-advised.

it’s been accepted by the parking land
You haven't explained exactly what you mean by this.  Parking firms often pursue the keeper if the nominated driver was non-contactable.

So I don’t need to be worried on this or what I need to do??
You have a default judgment against YOU - regardless of the background.  You may have had a bulletproof defence but that is irrelevant for defaults.

Whilst they cannot easily force payment they won't go away - as I said they won't discuss particulars of the case.  See the link I posted above about their powers.

The only way to stop them is to have the judgment set aside.  You would have to apply and PAY (£313) to do this without any guarantees - actively ignoring a court document doesn't assist you.

Start reading here: Set Aside (https://www.gov.uk/county-court-judgments-ccj-for-debt/cancel-the-judgment) and CivPR 13 (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13)

Even if the judgment is set aside they are likely to continue to sue from scratch.
Title: Re: Bailiffs comes to my door
Post by: Yac.dz16 on August 07, 2025, 04:51:31 pm
The things I didn’t ignore them I transferred the liability and it’s been accepted by the parking land but after a year now I received judgment on my name and the bailiffs telling me to come and force entry with lock smith. So I don’t need to be worried on this or what I need to do??
Title: Re: Bailiffs comes to my door
Post by: Dave65 on August 07, 2025, 03:36:20 pm
Watching the tv programs, a private residents it sounds like they cannot force entry.  If there is a door or window open they may enter through that.  Also, they may clamp a vehicle on the property.

Unfortunately, this shows how things can turn out if ignored.
Title: Re: Bailiffs comes to my door
Post by: JustLoveCars on August 07, 2025, 03:35:35 pm
can bailiffs force entry or not..
No - StepChange (https://www.stepchange.org/debt-info/debt-collection/bailiff-help-and-advice.aspx)

Sounds like they are trying to intimidate you into paying... Their only aim is to collect the debt and will not want to discuss the circumstances of the judgment at all.

However, ignoring a genuine court claim puts you in a sticky situation to say the least.

...I wasn’t the driver and I transferred the liability to the guy who was driven the car and the appeal been approved.
Can you explain what this means, exactly?
Title: Re: Bailiffs comes to my door
Post by: Yac.dz16 on August 07, 2025, 03:04:55 pm
I called the court and they said that I need to call dcbl .i called dcbl and they hanging up the call..can bailiffs force entry or not..
Title: Re: Bailiffs comes to my door
Post by: jfollows on August 07, 2025, 02:53:03 pm
You previously posted a N1SDT form dated from March.

If you ignored this, the claimant will have secured a judgement against you in default, and the court ordered you to make payment.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12

If so, your first step is to contact the court and find out what happened after you ignored them.
Title: Re: Bailiffs comes to my door
Post by: Yac.dz16 on August 07, 2025, 01:51:22 pm
I’ve got ticket from parkmaven in July 2024, the car was on my name and I wasn’t the driver and I transferred the liability to the guy who was driven the car and the appeal been approved. I got letter from county court in march and I ignored it. Today morning came two bailiffs men to my door and they said that I have to pay £1500. I spoke to them over ring camera and they said that they will come back tomorrow with lock smith to for e entry to take the valuable assets..I don’t know what to do??
Title: Bailiffs comes to my door
Post by: Yac.dz16 on August 07, 2025, 12:37:26 pm
Hello