Author Topic: NCP Parking PCNs – No Payment – Chobham Academy Stratford  (Read 1273 times)

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Re: NCP Parking PCNs – No Payment – Chobham Academy Stratford
« Reply #15 on: »
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Are you satisfied that the address they are using is the one you will use for service of documents? If not, you will need to respond and inform them that they need to use your other address for service. If not, then you can just wait for the actual N1SDT Claim Form to arrive.
Yes it’s fine, I don’t mind if they go to London or Bristol one as long as they do get delivered... I am at both pretty much every other day so it’s no difference.

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Additionally, the claimant’s bulk litigator, Moorside Legal, is known to issue claims that breach CPR 16.4(1)(a) by failing to include a clear statement of facts in the Particulars of Claim (PoC). Based on persuasive appeal case law, including CEL v Chan [2023] and CPMS v Akande [2024], it is highly likely that the first claim will be struck out at the allocation stage for failing to comply with CPR 16.4(1)(a). Therefore, it is expected that the first claim will not proceed to a hearing due to these procedural errors.
I am happy and want to go with option 2 but I have to be honest, I would need a bit more hand holding throughout the process as I struggled to follow the detail. I understood that this could have been combined into 1 claim as they are basically the same allegation happening on 2 different dates. That alone will be my defence to struck the 2nd claim correct?

Either way they have literally changed the signage since the driver parked there so I doubt they would be able to prove that the driver didn’t comply with the “contractual signage“... I will wait for the court claim letters to arrive so I can add this to MCOL. Would you be able to help with the defence when the time comes?



Re: NCP Parking PCNs – No Payment – Chobham Academy Stratford
« Reply #16 on: »
Of course we will assist with the defence and we hand hold throughout the process.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain
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Re: NCP Parking PCNs – No Payment – Chobham Academy Stratford
« Reply #17 on: »
Hi @b789,

It's been over 150 days since those letters were sent, but nothing informing me that they applied for CCJ. Have they just decided not to or is it more likely that royal mail just never delievered it.

I run the trustonline.org.uk search in the past and it showed nothing but paying £6 each time is getting a bit ridiculous. That said I do not wish to have CCJ on my credit file only because Royal Mail might have not delivered the post. Is there any way to check if they did anything on this or ensure that all court all notifications are done via e-mail?

Re: NCP Parking PCNs – No Payment – Chobham Academy Stratford
« Reply #18 on: »
They cannot "apply for a CCJ". They have to issue a claim for debt. There is whole process that they need to go through. Before they can issue a debt claim. They first need to issue a Letter of Claim (LoC) that explains the nature of the claim and it must give you at least 30 days to respond.

You will let us know when they issue an LoC and we will provide a response you can send them. Only after they have sent you an LoC, you have responded with the questions we advise you to ask and after they have provided a suitable response to that, can they then issue an actual N1SDT Claim Form.

Again, we advise on how to respond and provide the necessary defence. You then have a whole process where you are notified of receipt of your defence, a response from the claimant acknowledging receipt of the defence that has been forwarded by the CNBC which is then followed with an N180 Directions Questionnaire which is followed with a mediation phone call which is then followed by allocation to your local county court and then a judge will issue direction with dates and deadlines or may even strike to the claim at that stage. It goes on and on until the claim is either struck out or they discontinue, which is the most likely scenario.

If it ever got as far as a hearing, which is extremely rare, they would still have to be successful to obtain a CCJ and, if you were so unlucky, as long as it was paid within 30 days, there is no record of it. It is completely expunged.

The only way you get a CCJ without knowing about it is if you do not receive the claim and then you would have to apply to have the CCJ set aside under CPR 13.2 or CPR 13.3. That would only happen if you do not have any mechanism in place to receive your post at whichever address the vehicle ir registered at or you advised them to which address you should be served.

They have up to 6 years from the date of the alleged contravention to be able to issue a claim. So, if you do move before then, make sure you update your address with the parking operator.

Nothing we advise on here will make anyone get a CCJ.

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A County Court Judgment (CCJ) does not just happen—it follows a clear legal process. If someone gets a Parking Charge Notice (PCN) from a private parking company, here's what happens step by step:

1. Parking Charge Notice (PCN) Issued

• The parking company sends a letter (Notice to Keeper) demanding money.

• This is not a fine—it’s an invoice for an alleged breach of contract.

2. Opportunity to Appeal

• The recipient can appeal to the parking company.

•If rejected, they may be able to appeal to POPLA (if BPA member) or IAS (if IPC member).

• If an appeal is lost or ignored, the parking company demands payment.

3. Debt Collection Letters

• The parking company might send scary letters or pass the case to a debt collector.

• Debt collectors have no power—they just send letters and can be ignored.

No CCJ happens at this stage.

4. Letter Before Claim (LBC)

• If ignored for long enough, the parking company (or their solicitor) sends a Letter Before Claim (LBC).

• This is a warning that they may start a court case.

• The recipient has 30 days to reply before a claim is filed.

No CCJ happens at this stage.

5. County Court Claim Issued

• If ignored or unpaid, the parking company may file a claim with the County Court.

• The court sends a Claim Form with details of the claim and how to respond.

• The recipient has 14 days to respond (or 28 days if they acknowledge it).

No CCJ happens at this stage.

6. Court Process

• If the recipient defends the claim, a judge decides if they owe money.

• If the recipient ignores the claim, the parking company wins by default.

No CCJ happens yet unless the recipient loses and ignores the court.

7. Judgment & Payment

• If the court rules that money is owed, the recipient has 30 days to pay in full.

• If they pay within 30 days, no CCJ goes on their credit file.

• If they don’t pay within 30 days, the CCJ stays on their credit file for 6 years.

Conclusion

CCJs do not appear out of thin air. They only happen if:

• A parking company takes the case to court.

• The person loses or ignores the case.

• The person fails to pay within 30 days.

If you engage with the process (appeal, defend, or pay on time), no CCJ happens.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: NCP Parking PCNs – No Payment – Chobham Academy Stratford
« Reply #19 on: »
@b789 - Thank you for taking the time to explain the process in detail, as this helps me with understanding what to expect.

That said they had issued me 2 LoC back in Jan as per Reply #13 on: January 08, 2025, 06:20:37 pm in this very post [it's on page 1]. I never responded to them and it's been well over 30 days now. So do I just leave it or ask them to issue 1SDT Claim Form?

Re: NCP Parking PCNs – No Payment – Chobham Academy Stratford
« Reply #20 on: »
Do you really want them to actually issue an N1SDT Claim Form? They have up to 6 years to issue a claim. They may never issue one. If they don't issue a claim within a few months of issuing an LoC, they should issue a new LoC otherwise they are acting unreasonably and opening themselves up to a costs order for unreasonable behaviour.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

Re: NCP Parking PCNs – No Payment – Chobham Academy Stratford
« Reply #21 on: »
No of course not but I do not want to be in a position that in 5.5 years time I will forget about it and then they issue N1SDT Claim Forms to an address I do not reside anymore or what if I am abroad etc. Keeping their lawfirm updated of mywhereabouts is not ideal so I would prefer this gets resolved/closed.