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  • FIRST POST
    • AshleyKent
    • By AshleyKent 15th Feb 17, 5:55 PM
    • 41Posts
    • 43Thanks
    AshleyKent
    MIL Collections !!
    • #1
    • 15th Feb 17, 5:55 PM
    MIL Collections !! 15th Feb 17 at 5:55 PM
    So,

    Earlier this month is realised I had a CCJ from MIL, Changed address and they sent claim form to old address, even tho I changed it early last year.

    So, have filed N244 with the court to set aside and done some research in respect of defence to dismiss claim. Happy to show respected members my defence via DM, if anyone has something to add that would be great!

    Have a court date for the 28th of Feb for the set aside and today received this from MIL.

    First communication, I know the debt is for a parking fine, but I have no other details!

    Amazing how they attempt to bribe me if I don't go for costs! Im very much intending going for costs.. starting with £255!!

    I can't post the image of the letter as Im new
Page 7
    • beamerguy
    • By beamerguy 3rd Mar 17, 9:33 PM
    • 5,638 Posts
    • 7,282 Thanks
    beamerguy
    yawn , an investigation and appeal will take 3 yrs +
    Originally posted by pappa golf
    guess you are talking about the DVLA and not the OP
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • pappa golf
    • By pappa golf 3rd Mar 17, 9:42 PM
    • 7,233 Posts
    • 7,386 Thanks
    pappa golf
    guess you are talking about the DVLA and not the OP
    Originally posted by beamerguy
    yes in previous situations , for example Proserve and ACE it has taken the DVLA and courts several years to sort problems out and make the findings public.

    I very much dout if the resolution will be done this year , and MIL have a large portfolo of cases in hand even if the DVLA made the "assignment" of sale illegal as of tomorrow
    • AshleyKent
    • By AshleyKent 4th Mar 17, 11:52 AM
    • 41 Posts
    • 43 Thanks
    AshleyKent
    HO87

    If anyone has a contact for him can you ask him to email my "friend"

    His email is ash@ajmimages.co.uk

    He has sent me a Pm but I can't reply to it!

    Thanks in advance!
    • HO87
    • By HO87 4th Mar 17, 1:00 PM
    • 4,192 Posts
    • 7,514 Thanks
    HO87
    We are now in contact
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016).

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
    • zebrarose
    • By zebrarose 22nd Mar 17, 7:36 PM
    • 96 Posts
    • 16 Thanks
    zebrarose
    hxxps://s24.postimg.org/we3uih4gl/img002.jpg
    Originally posted by AshleyKent

    How do I view this? Ive tried to copy and paste in the search bar, but doesn't work... Sorry
    • pappa golf
    • By pappa golf 22nd Mar 17, 7:44 PM
    • 7,233 Posts
    • 7,386 Thanks
    pappa golf
    change hxxp to http https://s24.postimg.org/we3uih4gl/img002.jpg
    • AshleyKent
    • By AshleyKent 12th Apr 17, 5:46 PM
    • 41 Posts
    • 43 Thanks
    AshleyKent
    Evening people!

    Good news in the post today! I have left my details in the chance it can help others!

    I have messaged the knowledgeable ones, knowing they know best, however, has been playing on my mind about the costs and how I get them back.

    Do I need to file a new claim for the costs? The judge at the set aside left them for the final hearing, so I'm really unsure as to what to do now!!

    Thanks in advance!

    • safarmuk
    • By safarmuk 12th Apr 17, 6:24 PM
    • 424 Posts
    • 807 Thanks
    safarmuk
    Hi AK - what occurred in the last six weeks, can you give us a summary?

    Good news though. Well done.
    • AshleyKent
    • By AshleyKent 12th Apr 17, 6:33 PM
    • 41 Posts
    • 43 Thanks
    AshleyKent
    I had the set aside, as I have already stated and sent them my witness statement.

    Next, the n279 form signed and dotted!

    Its just how I recover almost £500 in costs now!!
    • pappa golf
    • By pappa golf 12th Apr 17, 6:38 PM
    • 7,233 Posts
    • 7,386 Thanks
    pappa golf
    I had the set aside, as I have already stated and sent them my witness statement.

    Next, the n279 form signed and dotted!

    Its just how I recover almost £500 in costs now!!
    Originally posted by AshleyKent


    small claims court perhaps?
    • AshleyKent
    • By AshleyKent 12th Apr 17, 6:45 PM
    • 41 Posts
    • 43 Thanks
    AshleyKent
    It's more the fact the judge reserved it for final hearing so didn't know if it was par for the course, or if I have to make a separate claim!
    • Coupon-mad
    • By Coupon-mad 12th Apr 17, 8:14 PM
    • 48,883 Posts
    • 62,384 Thanks
    Coupon-mad
    I had the set aside, as I have already stated and sent them my witness statement.

    Next, the n279 form signed and dotted!

    Its just how I recover almost £500 in costs now!!
    Originally posted by AshleyKent
    I would see what LoadsofChildren123 advises as she is legally qualified, but (as an armchair lawyer, and yes, I saw your email) I would either:

    - contact the court and ask that the hearing is not vacated but is retained to hear and resolve the outstanding matter of costs as that was a matter the Judge intended to be dealt with at the hearing

    and/or

    - take your time to build a claim for data misuse, in that MIL should never have meddled in data they had no right to buy like a commodity - and the parking firm should never have sold it to them. So you would (after building up evidence by way of an ICO complaint about both the PPC and MIL) be putting in a claim against both parties, adding in your costs for the set aside, and the claim, and interest, and - say - £500 or more for data misuse. You already have great evidence in the form of the DVLA email you received from David Dunford. An ICO complaint upheld would be even better, first. Then go for the jugular of both PPC and MIL as jointly liable.

    We didn't already have a counter-claim tacked onto your defence statement, did we? Remind me...if there was one then the counter-claim remains in play. If not then there is time to build a claim, loads of time.
    Last edited by Coupon-mad; 12-04-2017 at 8:16 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Coupon-mad
    • By Coupon-mad 18th Apr 17, 9:01 PM
    • 48,883 Posts
    • 62,384 Thanks
    Coupon-mad
    Thanks to bargepole for this:

    ''he should just write a letter to the court, with a costs schedule*, asking that a Judge makes an order against the claimant in accordance with CPR 38.6''.


    From the CPR:

    Liability for costs
    38.6

    (1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.




    *an example of a costs schedule is linked in post #2 of the NEWBIES thread, albeit this one will need the £255 set aside fee plus any costs for attending the set aside hearing (in cases where there was one) plus punitive costs if you want to make a case for unreasonableness using the DVLA email to prove this claimant wasn't even entitled to bring a claim...

    Then later you can STILL go for a separate 3 figure data misappropriation and misuse claim against MIL and the parking firm (jointly named, be careful on the legal names!) backed by that DVLA email, the discontinuance and paying of your costs proving unreasonableness, and an ICO complaint upheld. Plenty of time to build the case evidence for that, if you wish.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • spook104
    • By spook104 19th Apr 17, 9:58 AM
    • 38 Posts
    • 26 Thanks
    spook104
    Thanks to bargepole for this:

    ''he should just write a letter to the court, with a costs schedule*, asking that a Judge makes an order against the claimant in accordance with CPR 38.6''.


    From the CPR:

    Liability for costs
    38.6

    (1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.




    *an example of a costs schedule is linked in post #2 of the NEWBIES thread, albeit this one will need the £255 set aside fee plus any costs for attending the set aside hearing (in cases where there was one) plus punitive costs if you want to make a case for unreasonableness using the DVLA email to prove this claimant wasn't even entitled to bring a claim...

    Then later you can STILL go for a separate 3 figure data misappropriation and misuse claim against MIL and the parking firm (jointly named, be careful on the legal names!) backed by that DVLA email, the discontinuance and paying of your costs proving unreasonableness, and an ICO complaint upheld. Plenty of time to build the case evidence for that, if you wish.
    Originally posted by Coupon-mad
    I looked at doing costs for my claim but as far as I could see I could not because

    From CPR 38.6
    (3) This rule does not apply to claims allocated to the small claims track.
    • AshleyKent
    • By AshleyKent 19th Apr 17, 11:04 AM
    • 41 Posts
    • 43 Thanks
    AshleyKent
    I have just spoken with the court!

    The suggestion they made if for me to make an application for my costs? Again costing me £255!!!!


    I was like this is wrong.... to which I was told "nothing we can do"

    She also checked with a manager!!!
    • Umkomaas
    • By Umkomaas 19th Apr 17, 11:08 AM
    • 14,016 Posts
    • 22,023 Thanks
    Umkomaas
    I'm no expert, but I've seen other cases where the winning defendant has written a polite covering letter (with a cost schedule attached) directly to the judge asking if he will consider a costs order.

    That won't cost you anything other than a stamp. If he says 'No', that's it, you know where you stand.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Lamilad
    • By Lamilad 19th Apr 17, 12:19 PM
    • 778 Posts
    • 1,687 Thanks
    Lamilad
    I would definitely write to the presiding judge asking him/her to make a costs order under CPR 38 and using their own case management powers (which means they can ignore the rule that says it doesn't apply).

    If they refuse i would file the application then claim the fee back in addition to everything else in the same application.
    • Lamilad
    • By Lamilad 19th Apr 17, 12:21 PM
    • 778 Posts
    • 1,687 Thanks
    Lamilad
    Or as a cheaper option start your own MCOL for your costs. That would only cost £25
    • Coupon-mad
    • By Coupon-mad 19th Apr 17, 12:24 PM
    • 48,883 Posts
    • 62,384 Thanks
    Coupon-mad
    I have just spoken with the court!

    The suggestion they made if for me to make an application for my costs? Again costing me £255!!!!

    I was like this is wrong.... to which I was told "nothing we can do"

    She also checked with a manager!!!
    Originally posted by AshleyKent
    So if that's the only way the Court want to move forward, you are better to build a case to claim against MIL and the parking firm for:

    - your set aside fee of £255 (your actual loss caused by their unwarranted conduct)

    - compensation of, say, £750 for the significant distress caused by this data misuse, backed by the DVLA email and an ICO complaint and the KADOE rules and of course two important pieces of case-law that clarify matters: Halliday -v- Creation Consumer Finance Limited [2013] and Vidal-Hall et al -v- Google Inc [2014].

    - your £50ish court fee for the above claim and your loss of leave/salary/income to attend this hearing (and the set aside hearing).

    You already have a humdinger of an email from David Dunford at the DVLA to support the above.

    Revenge is a dish best served COLD, so the next step is your ICO complaint, using the KADOE and David Dunford's email to support the complaint against MIL and the parking firm (both, this is important).

    ICO complaint then! Show us your draft. Read this first:

    http://forums.moneysavingexpert.com/showthread.php?t=5585388

    HTH
    Last edited by Coupon-mad; 19-04-2017 at 12:28 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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