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  • FIRST POST
    • zebrarose
    • By zebrarose 17th Mar 17, 1:41 AM
    • 99Posts
    • 19Thanks
    zebrarose
    CCJ and my Credit Score- All correspondence sent to address from 2013
    • #1
    • 17th Mar 17, 1:41 AM
    CCJ and my Credit Score- All correspondence sent to address from 2013 17th Mar 17 at 1:41 AM
    Apologies if this has been covered. I've tried to locate relevant threads.

    Last weekend I was to move into a new property, but failed the reference checks due to a CCJ. I was absolutely dumbfounded as to what it would be for and the landlord completing the check would not give any information.

    I contacted the CCJ Business Centre to find out what it was relating to and discovered that it was for a parking charge from a PPC. The CCJ BC said that it was relating to an address I lived at 4 years ago. Since then I have moved twice and had always had my address up to date with the DVLA. Any correspondence should have been sent to the correct address.

    The CCJBC said that the case was submitted by Gladstones. Gladstones then said that the case is out of their hands and now with DCBL (debt collectors). The CAB and debt collectors advised I apply for the CCJ to be set aside, which I understand costs £255.00? What about my credit score though? I am unable to move (repossession of rented property due to lardlord requirements) and unable to get a new lease due to this CCJ.

    The original parking charge was for not displaying a residence permit. The charge was disputed with the PPC and the landowner and both rejected it (More Information can be provided regarding the charge if required/relevant).

    The CCJ was issued in September 2016 and I have just found out about it. The time frame to appeal the CCJ has passed (as I did not receive any correspondence- due to them using address from 4 years ago). I have been reading, researching and been to the CAB ever since and have not found what the next step should be.

    Any help would be greatly appreciated. I really feel overwhelmed with this stress
    Last edited by zebrarose; 17-03-2017 at 1:44 AM.
Page 8
    • Umkomaas
    • By Umkomaas 8th Jul 17, 6:37 PM
    • 15,528 Posts
    • 24,249 Thanks
    Umkomaas
    If it's an ANPR camera capture, if the PPC wishes to claim keeper liability they need to send the NtK so that arrives with the keeper no later than day 14 after the parking event. Requesting your data 5 days after the parking event is perfectly legitimate.

    If it's a windscreen ticket then they can only issue a NtK between day 29 and day 56, so if that's the case then day 5 would be far too premature.

    So did you receive a windscreen ticket for each event, or just a postal notification within 14 days?
    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.
    • zebrarose
    • By zebrarose 8th Jul 17, 7:39 PM
    • 99 Posts
    • 19 Thanks
    zebrarose
    No windscreen ticket. It was ANPR.
    • Redx
    • By Redx 8th Jul 17, 8:06 PM
    • 16,555 Posts
    • 20,710 Thanks
    Redx
    No windscreen ticket. It was ANPR.
    Originally posted by zebrarose
    in which case (for anpr) , to comply with POFA2012 they have to issue the PCN so that it gets to the keeper by day 15

    if they are NOT following POFA2012, I suppose they have say 6 months to obtain the keeper data (becasue I think the DVLA are taking a dim view of anyone accessing data after 6 months , especially debt collectors) , so possibly parking companies too

    but the other "in theory" is that the PPC has 6 years to enforce the alleged debt under MCOL , so they would have to have applied for keeper details before the 6 years is up (but will have failed POFA2012)

    so if they do access those details and no reasonable cause can be given, that is when the DVLA may say a DPA breach has occurred and the ICO may concur

    which is when claims for a DPA breach can be made to a court , within 6 years (in other words , a counter claim)

    BARGEPOLE explained some of this recently on this very forum in another thread

    ie:- gather the evidence
    prove the DPA breach
    issue the court claim
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • zebrarose
    • By zebrarose 27th Jul 17, 5:17 PM
    • 99 Posts
    • 19 Thanks
    zebrarose
    Finally...
    I have handed all documents to my local county court for the set aside application.
    I emailed Gladstones and copied myself in as a proof of sending.
    Should I also send the email to the CCBC.
    Am I missing anything?
    Last edited by zebrarose; 27-07-2017 at 5:20 PM.
    • Coupon-mad
    • By Coupon-mad 27th Jul 17, 8:20 PM
    • 51,536 Posts
    • 65,141 Thanks
    Coupon-mad
    Don't think you have missed anything!
    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.

    • zebrarose
    • By zebrarose 27th Jul 17, 10:23 PM
    • 99 Posts
    • 19 Thanks
    zebrarose
    Should I also email the CCBC?
    • zebrarose
    • By zebrarose 27th Jul 17, 11:59 PM
    • 99 Posts
    • 19 Thanks
    zebrarose
    ZebraRose you had left your name and address and personal details in your witness statement via google drive

    I see that these have now been removed.

    Also this is very very long for the set aside and contradictory in places. You have mentioned both the BPA and the IPC - the parking company is a member of the IPC.
    Originally posted by neveradullmoment
    It is now too late and I have already sent it off due to too much time just ticking and ticking away. I didn't think I was going to get it any better than it was tbh...


    The regulars/pros have already commented/assisted with this thread.

    I appreciate your comment on my thread.
    Last edited by zebrarose; 28-07-2017 at 8:40 AM.
    • zebrarose
    • By zebrarose 28th Jul 17, 5:12 PM
    • 99 Posts
    • 19 Thanks
    zebrarose
    Hearing date
    Well I handed everything in on Wednesday and I received a letter in the post today with my hearing date! Omg! Slight poop in the pants!

    So, from my understanding, I await documents/ evidence from the claimant and prepare a skeleton argument? I need to give myself a recap now. Ohhhh and I will be challenging their ROA on the day!
    Last edited by zebrarose; 29-07-2017 at 10:50 AM.
    • Coupon-mad
    • By Coupon-mad 28th Jul 17, 10:43 PM
    • 51,536 Posts
    • 65,141 Thanks
    Coupon-mad
    This is just the set aside hearing isn't it? There are no such stages, you just go along and show the Judge why the claim should be set aside (and try to show how unreasonably the claimant has been, in hope of the whole claim being struck out and/or your £255 refunded early doors.

    Even just getting the set aside (if no refund yet) is a big step, because that wipes the CCJ.
    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.

    • zebrarose
    • By zebrarose 29th Jul 17, 10:33 AM
    • 99 Posts
    • 19 Thanks
    zebrarose
    Will the claimant be attending?
    So won't this be the hearing where I must defend my argument and the claimant tries to prove I was in the wrong?
    Last edited by zebrarose; 29-07-2017 at 10:54 AM.
    • Coupon-mad
    • By Coupon-mad 29th Jul 17, 12:22 PM
    • 51,536 Posts
    • 65,141 Thanks
    Coupon-mad
    Not if it's a set aside, no.

    We don't usually hear that the claimant even attends.

    But the reason for having your ducks in a row regarding your defence is to steer the Judge to be satisfied you have a very good defence and hopefully more than that, he/she might agree the claim should be struck out and/or the £255 and your costs for missing work to attend, and your travel, should be refunded early on.
    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.

    • zebrarose
    • By zebrarose 29th Jul 17, 1:52 PM
    • 99 Posts
    • 19 Thanks
    zebrarose
    So is the hearing and procedures I am thinking of before they get a default? When the defendant actually receives correspondence?
    • Quentin
    • By Quentin 29th Jul 17, 2:18 PM
    • 33,260 Posts
    • 17,197 Thanks
    Quentin
    If a defendant ignores the claim for 14 days after service then the claimant can ask for judgement in default.

    This is why defendants who gets ccj against them when they were not aware of the claim can apply for a set aside and have their day in court should the claimant want to start the process again
    • zebrarose
    • By zebrarose 1st Aug 17, 11:05 AM
    • 99 Posts
    • 19 Thanks
    zebrarose
    Omg, I've been looking for Saggi's post everywhere... why cant I find it?
    Could someone please post a link?
    • waamo
    • By waamo 1st Aug 17, 11:11 AM
    • 2,095 Posts
    • 2,501 Thanks
    waamo
    http://forums.moneysavingexpert.com/showthread.php?t=5585047

    http://forums.moneysavingexpert.com/showthread.php?t=5581374
    This space for hire.
    • zebrarose
    • By zebrarose 1st Aug 17, 11:34 AM
    • 99 Posts
    • 19 Thanks
    zebrarose
    You are a star.
    I have no idea why I wasn't able to find it.
    Thank you!
    • zebrarose
    • By zebrarose 3rd Aug 17, 2:17 PM
    • 99 Posts
    • 19 Thanks
    zebrarose
    set aside
    So at this set aside hearing do I have to prepare a defence or just go with a copy of everything I originally sent in?
    • Loadsofchildren123
    • By Loadsofchildren123 3rd Aug 17, 2:32 PM
    • 1,603 Posts
    • 2,715 Thanks
    Loadsofchildren123
    Set aside you have to show a good reason why it should be set aside, which then starts the clock again. You don't move straight to a full hearing - that will take place another day.


    For the set aside, you have to show that you've acted quickly once you found out, that you had acted reasonably in not dealing with the proceedings, and that if allowed to defend you'd have a reasonable prospect of succeeding.
    • zebrarose
    • By zebrarose 3rd Aug 17, 3:33 PM
    • 99 Posts
    • 19 Thanks
    zebrarose
    Set aside you have to show a good reason why it should be set aside, which then starts the clock again. You don't move straight to a full hearing - that will take place another day.


    For the set aside, you have to show that you've acted quickly once you found out, that you had acted reasonably in not dealing with the proceedings, and that if allowed to defend you'd have a reasonable prospect of succeeding.
    Originally posted by Loadsofchildren123

    So I just arrive prepared to speak to the Judge referencing all the documentation I handed in. I will bring in 2 copies of everything I handed in.


    The only thing is I wasn't able to act very quickly to apply for the set aside. The main reason was that I was not able to afford the £255. As soon as I found out about the HWF being so quick and easy (I did it online), I handed it in immediately.


    Reasonableness with not dealing with the initial proceedings is they were using the wrong address.


    And then the reasonable success if able to defend are all the reasons I put in my Statement (which I utilised from Loadsofchildren).


    Is the Claimant supposed to attend this one?
    • Quentin
    • By Quentin 3rd Aug 17, 9:51 PM
    • 33,260 Posts
    • 17,197 Thanks
    Quentin


    Is the Claimant supposed to attend this one?
    Originally posted by zebrarose
    See #151 & #152
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