CCj ZZPS and Civil Enforcement

[trustdelboy]

Hi All
My Daughter has brought to my attention of a county court judgement which she says she knew nothing about, it's a Parking Charge Notice by Civil Enforcement.

The Ticket or notice was issued on 03/01/2017, she remembers one letter explaining this but has no recollection of anything else, a letter she received on 21st August 2020 saying that she owes £347.43 from ZZPS, saying they have been instructed to recover the amount owed, checking her file it does seem that a Judgement was entered against her 27th November 2017.
I would appreciate any and all help on how we should proceed with this one, She is a single parent and I like to help her in this matter.
Once again Many thanks .
Tdb

[zeke]

The debtor can apply to set aside the judgment if she can show

a) she did not get the original judgment, for example, her address on the judgment is not current, and

b) she has a reasonable prospect of a defence.

The debtor is a single parent, and it is most likely she woudl qualify for court fee remission, so the application would not cost her anything.

Civil Enforcement Ltd only give private parking tickets. It is more akin to an invoice for parking services then a Traffic Contravention Debt enforced by a local authority.

Unless the parking company has a warrant of control, there is no chance that baliffs will be turning up at her home any time soon.

This article explains the legal position about private parking tickets:

How to stop Private parking tickets

If the debtors address on the judgment is not current, then revert back, and I'll give you the procedure and a template N244 with statement to apply to the court to set-aside the judgment.

[trustdelboy]

Hi Zeke
Many many thanks for your reply, unfortunately the address is correct, the only thing my daughter has said is she has no recollection of any other paper work or any court documents relating to this matter , and she claims Child Tax Credits.
If it's free to make a claim to have this judgement set aside do you think it's worth a challenge
again Many many Thanks
TrustDelBoy

[zeke]

I dont think the application to set aside will succeed because evidence of the debtors address is not current is required, or evidence the debtor was not at the judgment address when the claim was filed.

I think its unlikely to go to bailiffs because the judgment is under £600, which leaves county court bailiffs, who are salaried and make no effort in enforcinbg the debt. They don't even bother updating the creditor when enforcement fails.

I'm not entirely sure if child tax credits is an out-of-work benefit, but enforcing a £347 judgment against a debtor on prescribed benefits is hopeless for the creditor.

[trustdelboy]

Thank you so much Zeke, really appreciate it, just have to wait and see what happens next.

[trustdelboy]

Hi Zeke
I was wondering If I could pick your Brains a Little please.
My Daughter has received another letter from ZZPS, stating the following

An order to attend court to answer questions under Oath
issuing an Attachment of Earnings Application
issuing a warrant of Control Application
Pass her Account to a Firm of High Court and Civil Enforcement Officers.

Just wondering if this can be done, any help or advise would be much appreciated
thanks

[zeke]

Yes, but not by a private company. Lets see the order, with your personal detailed redacted.

[trustdelboy]

Please find atracked

[trustdelboy]

Just to let you Know the car has since been scrapped so the Registration number doesn't exist anymore

[zeke]

Visit trust online https://www.trustonline.org.uk and download that judgment claim number, and see whether it's a default judgment, and the address of the debt is your current address.

If both are true, you can apply to set aside the judgment by making an application under Civil Procedure Rule 23.10.

A power to enter using reasonable force only applies to where a debtor carries on a trade or business. Paragraph 19(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, leaving no provision for bailiffs to enter a dwellinghouse by reasonable force for the recovery of county court judgments.

Otherwise, the judgment sum is below the threshold for High Court bailiff to attend. The worst-case scenario is a county court bailiff. There is no power to force entry and provided you keep your home secure. Bailiffs can enter through an unlocked door, but not an open window, Regulation 20 of the Taking Control of Goods Regulations 2013. If the house is secure, then the bailiff can knock the door and ask you to pay pretty-please with a cherry on the top.

County court judgments under £600 cannot be enforced with a High Court writ of control, Paragraph 8 of the High Court and County Courts Jurisdiction (Amendment) Order 1999 and Article 8 of the High Court and County Courts Jurisdiction Order 1991.

County court bailiffs are salaried with civil servants pension, so there is no motive to collect and they don't even tell the creditor they cannot collect, or give them a nulla-bona certificate.

The letter looks to be a "last throw of the dice" to see if they can establish contact with you.

If you ignore it, there is a good chance it will come to nothing, but the judgment stays for 6 years, section 24 of the Limitation Act 1980, but it might affect getting credit.

After 6 years, the enforcement power ceases to be exercisable, Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

[trustdelboy]

Hi Zeke
Thank you so much, makes very Interesting reading and I'll tell her to just ignore for now again many many thanks