Free Traffic Legal Advice

Why no bailiff can knock on your door

1. County Court Judgment (CCJ):

• A bailiff (enforcement agent) can only get involved after a creditor has obtained a CCJ against you in a county court.
• If the CCJ is under £600, the creditor cannot transfer it to the High Court for enforcement by a High Court Enforcement Officer (HCEO). Instead, enforcement would remain under the county court's jurisdiction.

2. Threshold for High Court Enforcement:

• If a CCJ is over £600 (including fees and interest), the creditor can transfer it to the High Court for enforcement by an HCEO. This is a common method because HCEOs tend to be more effective at recovering money.

3. Cost-Benefit Analysis for Creditors:

• For CCJs under £600, creditors may find it uneconomical to pursue enforcement through county court bailiffs, as they are generally slower and less effective than HCEOs.
• As a result, creditors may opt not to escalate enforcement for small amounts.

4. Private Parking Charges and Bailiffs:

• In the context of private parking charges, no bailiff action can occur unless the parking operator has gone to court, won a case, obtained a CCJ, and you fail to pay the judgment within the stipulated time (usually 30 days).

So, no bailiff will come to your door for a debt under £600 unless the creditor deems it worth pursuing through county court enforcement. However, even if the debt is over £600, bailiff involvement only happens after a CCJ is issued, and enforcement is transferred to the High Court.

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.