Ticketed for stopping - I was not driving - AIBU to think I shouldn't be paying?!

[utterlypissedoff]

Please help me, I am desperate for some honest advice.

In August I received a ticket for stopping for 4 minutes in a no stopping zone on a Sunday. I was in hospital when the ticket was issued and 4 people were insured on my car to help with DC and logistics.

I wrote to the parking company and said I was not the driver and I would write asap when I knew who was. I wrote back a week later identifying DH as the driver and giving them his details. They contacted me again demanding an increased payment. DH wrote and said he was the driver and offered to settle, he also told them I was back in hosp and repeated that I not the driver.

They wrote again demanding another increase, I wrote again asking for the original fine to be issue to DH (and obviously wishing I'd just paid the first one).

I have now received a letter saying it has gone to court - I had no idea - and it is a huge £270 bill. If I don't pay there will be bailiffs coming to my home.

I don't understand why I am responsible for the charge when we have sent 4 recorded delivery letters. I thought it was very important to be honest about who was driving as you must be on speeding tickets etc but this seems to have been a mistake. If I'd paid the original £120 I wouldn't be threatened with baliffs now.

I am utterly confused what to do. I think I will be diagnosed with MS next week, all investigations are pointing to it. I am depressed, utterly penniless after so much time off work and now can't stop shaking and worrying about baliffs.

I rung the number on the letter 3 times but it took over 20 mins to get thru each time and then someone just shouted 'hello, hello' then hung up.

WIBU not to pay the first fine when I was not the driver?
AIBU to expect them to issue the original fine when they know the driver?

I feel like I am being extorted and cannot understand how this is legal. Please advise on what I should do if you have any ideas. And if I have been an idiot and caused all this problem myself please go easy on me. Thank you.

Thanks so much everyone.
I can't afford a solicitor and am back in hospital on monday.

The letters I had before were from Gladstones, no court summons or dates or anything. I think I have got it wrong, and now I cannot afford the fines and DH will not pay as he says I should have paid the first one. FFS. I am so tired. I just can't face this but know I have tol.

Honestly - just ring the number on the letter and tell them you will pay in instalments.

I know it's a horrible feeling when they bombard you with legal stuff you don't understand.

When I have called the court I am on hold for 20-30 mins then then the call hangs up, or on one occasion someone shouted "hello hello" then hung up.

I really don't think you are calling the court. I would check that wasn't a premium line number.

Your husband is being an absolute shit.
I went through a similar diagnosis and had to stop driving. I sold my car.
If you are likely to have to stop driving, you will no longer have to pay insurance so that will save some money. Is it your car or the family car?
Sorry, I know it is upsetting, but just a thought around the money situation.
You were ill in hospital.
Other people who were insured on the car should have got together and paid this fine promptly.
None of this is your fault.

Is your husband taking no responsibility at all for the fact that HE was driving, HE was the one that stopped and if he hadnt, YOU would not be facing this all?

As for the pp accusing OP of fannying about! Words fail me. The OP was in hospital facing a possible serious neurological diagnosis. The fatigue, brain fog and terror that goes with that situation is awful.
OP's family, especially her husband, should have sorted this out without even bothering her with it.

You’ve got 14 days to defend this. www.checkmyfile.com/articles/2954/dealing-with-debt/northampton-court-ccj-–-why-is-it-on-my-credit-report.htm

They rely on you thinking there’s been a judgement/decision but in order to have had a judgement against you you have to go to court. If you don’t defend then they are automatically awarded a win. If you defend you ask to go to court and put your defence before a judge. If you lose it shouldn’t cost any more than the current bill.

I asked to defend a similar letter over parking from the Northampton court. Was 2 years ago and I never heard anything back. Never been sent a court date, never paid any money. Don’t have a CCJ. I check my credit report at regular intervals, got a mortgage a year ago, got a mobile phone last month.

I certainly wouldn’t pay it and you don’t need a solicitor.

This group is prob the best on fb and will advise, www.facebook.com/groups/fightyourprivateparkinginvoice/

Why didn't you just pay and then settle with your DH later? The fine goes up due to nonpayment.

In order to have had a judgement against you you have to go to court

That is not true. CCJs can be and are awarded against people whether or not they attend court.

Thanks so much everyone.
@endofthelinefinally that is exactly how I feel, completely bewildered and like another person. I feel like I want my mum :( I can't stop crying and shaking. DC want me to watch a film with them now. I will look at the facebook group asap

I am so so grateful for all this help.

@VivaLeBeaver that is so helpful, thank you

That is not true. CCJs can be and are awarded against people whether or not they attend court.

Yes, you're right and I possibly wasn't very clear though the rest of my message said if not defended you'd be found against. So yes, a ccj if you either lose in court (and don't pay) or you don't defend.

If op fights this she won't get a ccj. She will get her day in court. If she loses then she pays and still won't get a ccj.

You should appeal and provide the dated evidence that you provided your husbands name and address.

They should have issued a new ticket in hubbys name.

I would send a cheque for the original amount in hubbys name as evidence of trying to settle the amount. Put the car details and his name and address on the rear of cheque and photocopy it before sending.

This thread is a perfect example of why NOT to listen to random people on an internet forum for legal advice...

OP whatever you decide to do you need to act quickly. They can take enforcement action after 14 days from the date of Judgment if it is not paid in full. If the solicitors did not serve a claim form, which must have been issued by the Court, upon you (this also has to have a response pack, which has various forms where you can admit the debt or say you want to defend it and should also have guidance notes for you as the defendant) then you should be able to get the judgment set aside fairly easily, especially as you are a litigant in person and it is a judgment in default. If you are successful then they will have to reimburse the court fee to plus any reasonable costs (if for example you had to take unpaid leave to attend the hearing), whether the Court actually decides that you the debt after all or not. They should also have sent you a Letter Before Claim and followed the Pre-Action Protocol prior to issuing a claim.

You will still then need to deal with the debt by either paying it or by successfully defending the claim but you will no longer have a CCJ on your credit record.

@vivalabeaver OP already has a CCJ, she didn't get the initial letter to defend it.

Hi OP, I work in property and for an estate very similar to Spinningfields. This is very strange.

Obviously you have to deal with the CCJ before it gets worse but I would contact the managing agent for the estate. Ask for details for the lead property management surveyor and complain about this and their representatives handling of it. It may be they are completely unaware and do not want this type of operator on their estate I know we wouldn't. If they are sympathetic they may well pay the fine for you. I have screengrabbed the details below. If that fails I would also write to the owners who are Allied London. However you do need to be prepared for if your husband was parked somewhere he shouldn't and it is clearly signed they may not take any notice whatsoever. I am surprised though as these situations would usually be managed by security on site rather than retrospective fines. Good luck.

Also meant to say I would really suggest you get some proper legal advice asap. You really need somebody who is able to look through all of your papers so they can give you proper advice- there is only so much randoms on the internet with half
the facts can tell you! If you cannot afford a solicitor try a pro bono legal service. Your local CAB can help and I think that the College of Law and BPP have free legal advice services. Do not ignore the CCJ - they can and will enforce it if you do nothing. Good luck.

The other thing you might try, and this might not be relevant because I don't know if UK hospitals do this, but in Australia, hospitals have support people you can request help from dealing with outside matters relating to your admission, who might be able to help. So try asking the kindest nurse if there is anything like that in your hospital.

Utterly, are you sure that is a genuine court order? If so, why is there no claim number (in the top right)? These firms like to issue scary letters that look official but are not the real thing. Worth checking.

Saddlesore on the original picture it looks like the op has covered over the section with the claim number for privacy reasons, I think I can just about make out the bottom of a line of type.

Thank you all so much. I am in hospital now and not really with it but I am grateful. I spoke to the court yesterday morning. They were initially very brusque and rude but when I took names, asked for a complaints procedure and a copy of the call recording etc they did suddenly becme more polite.
I am being sent a form to dispute the claim and anotehr form to complain about not being told about it going to court.
I will update when I have these.

Thank uou so much everyone and excuse my bad typing, I have a canula in my right hand and it is makign it hard going.

Many thanks to all of you, so kind.

OP I am sending you love and positive thoughts. I have been where you are and it is miserable. I am currently in a sort of remission, having been really, really ill a couple of months ago.
Your husband should be looking after you, not making your life harder.

I doubt very much that it has gone to court. Read it very carefully and it will threaten court action and throw in a lot of threats about previous cases which are people owing thousands. My friend who is a solicitor told me never to pay these private parking people - she never did - but we are in Scotland. The last company I dealt with eventually started sending pleading letters that I owed them before eventually giving up. I'm still ignoring the current lot.