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  • FIRST POST
    • Timtay
    • By Timtay 20th Apr 17, 11:14 AM
    • 18Posts
    • 2Thanks
    Timtay
    Ccj -pcn
    • #1
    • 20th Apr 17, 11:14 AM
    Ccj -pcn 20th Apr 17 at 11:14 AM
    Hi can anyone advise me regarding a Pcn I received back last February.
    I was visiting a doctors surgery and put in my registration.
    It came back that I was illegally parked and I can only assume that I put in the wrong reg .
    My reg as you can see is quite close ( KN60KKM) I contacted the doctors and they informed me it was out of their hands and gave me information to prove I was in the building and not just parked .
    I sent this off and complained ,because I'd lost my appeal number they chose to ignore all of my correspondence and wouldn't issue another reference number as I'd contacted POPLA and they have advised they need this number .
    Now all I received is the next letter saying that it's now ££££ , basically they don't answer my request as to resolve it ..it now has reached court and I'm on a ccj... the problem is I've been in Australia for 6 months or more and was unaware of this unti now ... what can I do regarding this ..pay it and then fight or just fight it ... help as I'm due back in the uk in 5 weeks time ....
Page 1
    • The Deep
    • By The Deep 20th Apr 17, 11:56 AM
    • 7,377 Posts
    • 6,421 Thanks
    The Deep
    • #2
    • 20th Apr 17, 11:56 AM
    • #2
    • 20th Apr 17, 11:56 AM
    You said

    I've been in Australia for 6 months

    But you also said

    can anyone advise me regarding a Pcn I received back last February.

    Please clarify
    You never know how far you can go until you go too far.
    • SmellyMog
    • By SmellyMog 20th Apr 17, 2:14 PM
    • 20 Posts
    • 22 Thanks
    SmellyMog
    • #3
    • 20th Apr 17, 2:14 PM
    • #3
    • 20th Apr 17, 2:14 PM
    Can you also clarify

    it now has reached court and I'm on a ccj
    Have you actually had a court judgement issued against you, or have you just got a county court business centre claim form? In either case, when are they dated?
    • Timtay
    • By Timtay 21st Apr 17, 2:31 AM
    • 18 Posts
    • 2 Thanks
    Timtay
    • #4
    • 21st Apr 17, 2:31 AM
    • #4
    • 21st Apr 17, 2:31 AM
    It was issued in Feb last year 2016 wrote to them each time I received a new letter , I contacted lots of organisation who said things like we don't cover that area etc .
    I went on my credit score recently just to check my ratings as I've been out of the country from September 2016 , most say ok but one was red further investigation found it to be a ccj .. I take it that it's been lodged and active
    • Timtay
    • By Timtay 21st Apr 17, 2:35 AM
    • 18 Posts
    • 2 Thanks
    Timtay
    • #5
    • 21st Apr 17, 2:35 AM
    Timtay
    • #5
    • 21st Apr 17, 2:35 AM
    Hi I only received that it was being taken to the next level as if I don't pay ...court . I have not received anything else saying what where how .
    I only found out that it was happening when I checked my credit score .The last ever letter I received was 22/8/16 from a solicitor stating that it was acting on behalf of ZZPS ltd who was acting on behalf ofcivil enforcement ltd . I lef the country I think 4 -9 of September 2016. Not sure when the contracts for the house went through but I might've got this sent to me in Australia after I'd left the uk as I had no contact with my old address .!!
    But nothing from anyone saying that it had arrived at the court or nothing issued regarding a court process .
    Only that the next step if not resolved would be the courts .
    Does this help.
    Thank you
    Last edited by Timtay; 21-04-2017 at 2:54 AM. Reason: More answers
    • Timtay
    • By Timtay 21st Apr 17, 2:55 AM
    • 18 Posts
    • 2 Thanks
    Timtay
    • #6
    • 21st Apr 17, 2:55 AM
    • #6
    • 21st Apr 17, 2:55 AM
    My last letter ever was dated 22/8/16 .... like I say not sure when I received it as I was in the process of selling/ sold my house and moving to Australia.
    Last edited by Timtay; 21-04-2017 at 2:57 AM. Reason: More info
    • Timtay
    • By Timtay 21st Apr 17, 3:05 AM
    • 18 Posts
    • 2 Thanks
    Timtay
    • #7
    • 21st Apr 17, 3:05 AM
    • #7
    • 21st Apr 17, 3:05 AM
    On the heading it says count court business centre. And is active .. do I pay and sort later
    • catfunt
    • By catfunt 21st Apr 17, 7:21 AM
    • 595 Posts
    • 912 Thanks
    catfunt
    • #8
    • 21st Apr 17, 7:21 AM
    • #8
    • 21st Apr 17, 7:21 AM
    do a search in this forum on "set aside" - you already have a judgment in default against you and you will need to either pay it (and have it left marked as "satisfied" in your credit record for six years) or apply for a set aside (costs £255 but if you win in court when the case is heard, you should be able to claim that back) and start again from scratch.
    If you lose the re-hearing but pay, it won't go on your credit record.

    Also - have a read of the Newbiers thread and get learning about the issues - you will need to know if you're going to fight this.
    Got a Private Parking Notice??
    ** Do Not Pay
    ** Do Not Ignore a Notice to Keeper (except Scotland)
    ** Do not mention who was driving (No "Me" Myself" "I")
    ** Never, ever phone a Private Parking Company
    ** Please read the NEWBIES thread at the top of the forum
    • Fruitcake
    • By Fruitcake 21st Apr 17, 1:15 PM
    • 40,464 Posts
    • 80,850 Thanks
    Fruitcake
    • #9
    • 21st Apr 17, 1:15 PM
    • #9
    • 21st Apr 17, 1:15 PM
    What is your current country of residence. If you now live in Oz but are just visiting I don't think you have anything to worry about, but I'm no expert.
    If however you live in the UK you have to decide whether to pay the CCJ and leave it as satisfied, or challenge it (by paying the £255 set aside fee) which resets the clock and puts you back to court where you can fight the original parking charge itself.
    If you win, you will get all your money back, including the £255, and have the CCJ wiped from your credit file, and could get up to £95 in your back pocket as a part refund of expenditure.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Timtay
    • By Timtay 21st Apr 17, 1:35 PM
    • 18 Posts
    • 2 Thanks
    Timtay
    I wish to fight this ..I'm moving back to the uk and if I can explain .ive read your newbies but they mainly are people who drive in and out systems ... mine is a little different.
    The carPark is part of a doctors surgery and as you know they are used for every tom !!!! and harry ... so they had a new system installed and not long in operation that when you used the facilities you put your reg in and it stated that you was a genuine customer.. the only thing I can guess is that either it didn't register time lapse or I put the wrong letters as the reg is KN60KKM .. Quiet easily to put KKN , I have evidence that I was not misusing the facilities as even the surgery tried to respond to the company and I have dated documents like prescription that I had to collect from the attached pharmacy. And letters stating from the surgery that I was a patient in the doctors on that date and time .
    How do I set aside ..please as I'm here in Australia and the post isn't the fastest.. I'd be home before we really got started unless I can mention my intentions on the first address .
    Have I a chance to win ,because as far as I'm concerned I was not given enough information or assistance to be able to justify my claim of innocence.
    • Coupon-mad
    • By Coupon-mad 21st Apr 17, 11:47 PM
    • 51,473 Posts
    • 65,062 Thanks
    Coupon-mad
    ive read your newbies but they mainly are people who drive in and out systems ... mine is a little different.
    You don't appear to have read post #2 of the NEWBIES thread about setting aside a CCJ. Nothing is different, set aside process is the same.
    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.

    • Timtay
    • By Timtay 22nd Apr 17, 8:28 AM
    • 18 Posts
    • 2 Thanks
    Timtay
    I have read some of the wording ...on post 2 which I think is relevant to me and my case ..Would it be better to wait until I arrive back in the uk and then contact the court to setaside (if that's what I need to do )or do I need to do it as soon as possible ( is this in the form of a letter or ?? ) . I am at this moment in Australia and I'm taking it would be more beneficial when in the uk . How long before I need to act .. I'm sorry for not being the brightest light .. this is stressing me out big time !!
    Also whilst I'm on the case I read about looking at parkingeye v beavis and I've found a portal suggestion that I can appeal through this ...I'm asking am I to late to go down this path and is it not wise as they then become aware of my intentions and can counterattack me .
    Thank you for your imput
    • Umkomaas
    • By Umkomaas 22nd Apr 17, 9:34 AM
    • 15,432 Posts
    • 24,135 Thanks
    Umkomaas
    In order to even get a set aside you need to have a very good reason why you did not respond to court papers. You also need a good prospect of defending the original case too. There can't be many better reasons for not receiving documentation than being on the the other side of the world for n months.

    CEL rely exclusively on default judgments; when faced with a decent defence they always discontinue. So if you get the set aside, I doubt that CEL would want to continue with this. But nothing's guaranteed in this game.

    The one thing you don't do at this stage is to pay the judgment, because, while this will mark it on your credit file as 'satisfied', it changes nothing for your creditworthiness, which is trashed and will remain so for 6 years. So there is no advantage in paying CEL a bean.

    I think this can wait until you are home. It could just as easily have been discovered when you opened your pile of mail on return to the country - your reason for not applying for the set aside earlier would still be the same - out of the country for n months.

    See if others agree with my thoughts - I don't have a monopoly of them!

    Good luck.
    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.
    • Timtay
    • By Timtay 22nd Apr 17, 10:53 AM
    • 18 Posts
    • 2 Thanks
    Timtay
    Thank you much appreciated... I've got proof that I was in the building where I was parked and have times regarding when I arrived and left on seeing the doctors and nurses,l I also have the product that I had to purchase from the onsite pharmacy.. which is dated so it proves that I was using the facilities that the carPark is there for . . Thank you for your input
    • Coupon-mad
    • By Coupon-mad 22nd Apr 17, 4:04 PM
    • 51,473 Posts
    • 65,062 Thanks
    Coupon-mad
    I've got proof that I was in the building where I was parked and have times regarding when I arrived and left on seeing the doctors and nurses,l I also have the product that I had to purchase from the onsite pharmacy.. which is dated so it proves that I was using the facilities that the carPark is there for
    Not really that important though. See what saggi did and achieved, as mentioned & linked in this thread which also sets out the options:

    http://forums.moneysavingexpert.com/showthread.php?t=5607816

    HTH
    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.

    • Timtay
    • By Timtay 8th May 17, 6:17 AM
    • 18 Posts
    • 2 Thanks
    Timtay
    Thanks guys,
    How do i start my defence as for set-a-side.. Iíve spoke to the courts and asked what the process is and confided that i was abroad and knew nothing about the court hearing and in-turn unable to respond or appeal ...they advised me to wait until Iím back in the Uk, but because Iíve time on my hands i can at least start now by gathering or wording it so ...any input would be great.
    Or even a template on how its set out .
    I really donít want to mess this up as Iím so convinced Iím being hard done by ,as other posts suggest.

    TIM
    • Umkomaas
    • By Umkomaas 8th May 17, 6:48 AM
    • 15,432 Posts
    • 24,135 Thanks
    Umkomaas
    The NEWBIES FAQ sticky, lower down in post #2 with a sub-heading 'HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?', gives you numerous links to explore.

    In addition, the following might help:

    http://www.aboutsmallclaims.co.uk/

    http://www.aboutsmallclaims.co.uk/county-court-judgement-against-you.html

    http://www.aboutsmallclaims.co.uk/set-aside-default-court-judgment.html
    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.
    • Timtay
    • By Timtay 19th May 17, 9:50 AM
    • 18 Posts
    • 2 Thanks
    Timtay
    just read Saggiís post and he highlights that below-
    He says;-

    "I know I need to add an outline defence to the set-aside application so the judge can see I have a good chance of defending it which is hard to do as I have no details of the alleged incident. I intend to put in my defence statement that CEL do not follow POFA Schedule 4 and therefore have no right to hold me liable for any claim purely on the basis I am the registered keeper of a vehicle and unless CEL can prove I was the driver, they have no right to hold me liable or pursue me for a parking claim.Ē


    Can i use the fact i spent several avenues trying to contact the organisation with no avail even poppla advising me that they should reissue a reference number and the likes of other agency stating to me that i was not in their jurisdiction thus having no chance of clearing it until it went to court ..and i couldnít as i was on the other side of the world... would this be sufficient or have i at this time prove my evidence( proof of where i was) etc, so had not acted unlawfully and complied to there wishes not aware they it had not been processed , leaving me vulnerable .
    Last edited by Timtay; 19-05-2017 at 10:02 AM.
    • pappa golf
    • By pappa golf 19th May 17, 10:12 AM
    • 7,640 Posts
    • 7,892 Thanks
    pappa golf
    the fact that you were a non UK resident would be a good starting point
    • pogofish
    • By pogofish 19th May 17, 11:10 AM
    • 7,756 Posts
    • 7,847 Thanks
    pogofish
    As well as the discrepancies highlighted upthread, the OP is now trying to solicit off-board contact on Saggi's thread.

    This looks mighty suspicious to me - caution should probably be exercised.
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