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  • FIRST POST
    • Sassii
    • By Sassii 9th Jul 17, 8:57 PM
    • 85Posts
    • 29Thanks
    Sassii
    Urgent: Got CCJ on my credit records
    • #1
    • 9th Jul 17, 8:57 PM
    Urgent: Got CCJ on my credit records 9th Jul 17 at 8:57 PM
    Hi All
    Just knew that I got a CCJ record on my previous address from oct. 2015 from NORTHAMPTON COUNTY COURT & I believe It's from PCM although I informed them for my new address when I moved.

    Help please

    Regards
Page 1
    • Ryandavis1959
    • By Ryandavis1959 9th Jul 17, 9:04 PM
    • 101 Posts
    • 27 Thanks
    Ryandavis1959
    • #2
    • 9th Jul 17, 9:04 PM
    • #2
    • 9th Jul 17, 9:04 PM
    Apply to get it set aside if you want to try to remove it. £255.
    • Redx
    • By Redx 9th Jul 17, 9:47 PM
    • 15,158 Posts
    • 19,101 Thanks
    Redx
    • #3
    • 9th Jul 17, 9:47 PM
    • #3
    • 9th Jul 17, 9:47 PM
    put SET ASIDE £255 into the forum search box and loads of threads pop up with explanations

    try these three sagas for starters

    http://forums.moneysavingexpert.com/showthread.php?t=5676423

    and

    http://forums.moneysavingexpert.com/showthread.php?t=5676532

    and

    http://forums.moneysavingexpert.com/showthread.php?t=5619223

    whatever you need to know, its in those threads , and plenty more like them
    Last edited by Redx; 09-07-2017 at 9:57 PM.
    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
    • Coupon-mad
    • By Coupon-mad 9th Jul 17, 9:53 PM
    • 48,883 Posts
    • 62,383 Thanks
    Coupon-mad
    • #4
    • 9th Jul 17, 9:53 PM
    • #4
    • 9th Jul 17, 9:53 PM
    Hi All
    Just knew that I got a CCJ record on my previous address from oct. 2015 from NORTHAMPTON COUNTY COURT & I believe It's from PCM although I informed them for my new address when I moved.
    Originally posted by Sassii
    This is covered already in 'NEWBIES PLEASE READ THESE FAQS FIRST' post #2. Please read it - you will need to.

    And on shedloads of other threads as recently as yesterday, just look through or search the forum for 'set aside'.
    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.

    • The Deep
    • By The Deep 10th Jul 17, 7:29 AM
    • 6,846 Posts
    • 5,865 Thanks
    The Deep
    • #5
    • 10th Jul 17, 7:29 AM
    • #5
    • 10th Jul 17, 7:29 AM
    I believe It's from PCM although I informed them for my new address when I moved.

    Before you trump up £255 make sure it is not from your plumber.
    You never know how far you can go until you go too far.
    • Sassii
    • By Sassii 10th Jul 17, 11:03 AM
    • 85 Posts
    • 29 Thanks
    Sassii
    • #6
    • 10th Jul 17, 11:03 AM
    • #6
    • 10th Jul 17, 11:03 AM
    put SET ASIDE £255 into the forum search box and loads of threads pop up with explanations
    Originally posted by Redx
    Thanks I'm preparing the draft now & got more information as 3 PCNs issued in 3 consequence days in April 2015 while the car not moved & 2 PCNs in different days in April 2015. I informed PCM debit collector company by email about changing address in June 2015 & the court told me PCM issued claim on Sep. 2015 with wrong spilling of old address as well & that is why it takes 2 years to appear on my credit report.

    Regards
    • Sassii
    • By Sassii 10th Jul 17, 4:14 PM
    • 85 Posts
    • 29 Thanks
    Sassii
    • #7
    • 10th Jul 17, 4:14 PM
    • #7
    • 10th Jul 17, 4:14 PM
    This is covered already in '

    And on shedloads of other threads as recently as yesterday, just look through or search the forum for 'set aside'.
    Originally posted by Coupon-mad
    Thanks Coupon-mad.

    Could you please have a look in the below draft for set aside. Also that car was a company hire car is that worth to mention that in the WS.

    Regards

    I am xxxx and I am the Defendant in this matter.

    This is my supporting Statement in support of my application dated XXXXXXX to:
    • Set aside the Default Judgement dated XXXXX as it was not properly served at my old or current address.
    • Order for the Claimant to pay the Defendant £255 as reimbursement for the set aside fee.
    • Order for the original claim to be dismissed or to be heard at a re-hearing

    1. Default Judgement
    1.1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in xxxx. However, this claim form has not been served to me at my old or current address and I thus was not aware of the Default Judgement until 09/07/2017 when I was doing a routine check on my credit file after credit agency updating their system on 19/06/2017.
    1.2 I understand that this claim was served at an old address (xxxxx). However, I moved to a new address in xxxx. In support of this I can provide confirmation from xxx County Council & utility bills showing my updated details for the purposes of paying those bills.
    1.3 I believe that the claimant abused the court process & mislead the court in purpose to get benefit of Default Judgement as:
    a- The claimant gave the court wrong spilling address by removing letter (T) from word (FLAT) to be (FLA) & that is why I never knew about that case and never appeared on my credit report. That information got from Northampton County Court help desk by phone & from credit score agency (Experian)
    b- The claimant been informed about changing correspondences address on 25/06/2015 (email attached) though his debt recovery agency but he chose to use the old address in his claim dated 08/09/2015 (3 month after).
    c- The claimant always hides his email address or fax so can’t get proof of receiving / confirmation of the letter content as post proof doesn’t proof the content. That is why I sent it by email to the claimant debt recover agency the only one provide email address.

    1.4 On the 10/07/2017 I contacted Northampton County Court help desk to find out details of that case. Attached email which doesn’t have enough details of the case & they said they can’t provide more.

    1.4. On 10/01/2017 I attempted to contact the Claimant using information given to me by Northampton County Court. I was not able to get through to a member of the Claimant’s staff to discuss, nor have I received a response to my numerous answer phone messages left on the Claimant’s legal department answer-phone. This means as the Defendant, I still do not have any details of the incident the Claimant alleges has taken place, other than the summary of charges now owed, which is shown on the Court papers.


    1.5. According to publicly available information my circumstances are far from being unique. The industry’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country. This is a topical issue: I note that the Justice Minister The Rt Hon Sir Oliver Heald QC MP announced on the 23rd December 2016 a consultation and information campaign to help protect consumers from debt claims. The consultation will look at ways to; “better protect consumers who are sent mail to inaccurate addresses and verify addresses again before a claim is sent.” The Minister added that “In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.”.

    1.6. On the basis provided above I would suggest that the Claimant did not fulfill their duty to use the Defendant’s correct old or current address when bringing the claim.

    1.7. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside and I ask the Court to kindly consider the reimbursement of the fee of £255 from the claimant should this request be successful.
    • Coupon-mad
    • By Coupon-mad 10th Jul 17, 4:24 PM
    • 48,883 Posts
    • 62,383 Thanks
    Coupon-mad
    • #8
    • 10th Jul 17, 4:24 PM
    • #8
    • 10th Jul 17, 4:24 PM
    wrong spilling address
    = spelling


    1.4. On 10/01/2017 I attempted to contact the Claimant
    you mean 10/07/17

    Also that car was a company hire car is that worth to mention that in the WS.
    Yes and if true, state that more than one driver was authorised to drive that hire car, and no evidence has been shown as to who the driver was on these occasions, nor has PCM complied with the POFA 2012 in terms of serving valid 'Notice to Hirer' documents to the hirer, which have a wording format and deadlines prescribed under statute (the POFA, Schedule 4, para 13 and 14 which requires a copy of the hire agreement to accompany any NTH). Therefore the hirer cannot be held liable in law and would have defended this claim, had it been served to the address that the claimant's agent had been emailed three months prior to the claim.
    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.

    • Sassii
    • By Sassii 10th Jul 17, 4:48 PM
    • 85 Posts
    • 29 Thanks
    Sassii
    • #9
    • 10th Jul 17, 4:48 PM
    • #9
    • 10th Jul 17, 4:48 PM
    = spelling

    Yes and if true, state that more than one driver was authorised to drive that hire car, and no evidence has been shown as to who the driver was on these occasions, ......
    Originally posted by Coupon-mad
    Do I need to put that in set aside defend?. I was planing to put that sentence in WS for the case it self.

    Also in my appeal to PCM in 2015 for that PCNs I state I'm the keeper that is why they followed me not the hired company.

    Regards
    • Coupon-mad
    • By Coupon-mad 10th Jul 17, 4:52 PM
    • 48,883 Posts
    • 62,383 Thanks
    Coupon-mad
    I would put a line or two, suggesting the basis upon which you would defend this, so the Judge can see that:

    (1) You didn't receive the claim form, through no fault of yours, and

    (2) That you have good prospects of successfully defending the claim at a hearing.

    You can certainly state that no evidence of the driver has been shown and that you doubt that PCM complied with the POFA in 2015 in terms of 'adequate notice' of the parking charge in large lettering and/or in terms of the service of a Notice to Keeper (for each PCN) as required by the Act.
    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.

    • The Deep
    • By The Deep 10th Jul 17, 5:01 PM
    • 6,846 Posts
    • 5,865 Thanks
    The Deep
    It looks as though you have them by the short and curlies, how do you plan on exacting your revenge?
    You never know how far you can go until you go too far.
    • Sassii
    • By Sassii 10th Jul 17, 10:05 PM
    • 85 Posts
    • 29 Thanks
    Sassii
    I would put a line or two, suggesting the basis upon which you would defend this, so the Judge can see that:

    (2) That you have good prospects of successfully defending the claim at a hearing.
    Originally posted by Coupon-mad
    below is my defense for point 2 above.


    2. Order dismissing the Claim or to be heard at a re-hearing:

    So in light of the little information I have please find below.

    2.1 It is admitted that the Defendant was the authorised registered keeper of the vehicle in question at the time of the alleged incidents.

    2.2 As the car mentioned in the particulars of claim was a company hire car which all company employees & others are insured to drive that car & the parking events / alleged breaches were more than 2 years ago, so nobody can remember who was driving. It’s strictly requested that PCM to provide any evidence of who the driver was.

    2.3 All the roads in xxxx is public adopted and not privately owned / managed as per Management Plan drawing xxxx (Attached), so the claimant doesn’t has the right to force any private parking scheme.

    2.4 There is no contract in force between the claimant & defendant as any defendant declined any attempting to be in a contract made by the claimant & Cancelation Of Contact Notice (COCN) dated xxxx sent to the claimant before issuing the charges in question. COCN letter, proof of post attached

    2.5 The Claimant has not complied with the pre-court protocol.
    - No Letter of Claim was sent to the Defendant showing the PCN numbers mentioned in Letter Before Claim and no initial information was sent to the Defendant although it was requested. I'd refer the court to Para 4 on non-compliance and sanction, and I'd also point out that there can be no reasonable excuse for the Claimant's failure to follow the Pre-action Conduct process, especially bearing in mind that the Claim was issued by their own Solicitors so they clearly had legal advice before issuing proceedings.

    2.6 The claim form itself is vague and lacks pertinent information as to the grounds for the claimant’s case. The particulars of claim fail to meet CPR16.4 and PD16 7.3-7.5 and merely provide a date, due date, and an "amount" consisting of a completely unsubstantiated and inflated three-figure sum, vaguely and incoherently adduced by the claimant's solicitors.

    2.7 I have no idea at this stage whether I am being pursued under the Protection of Freedoms Act 2012 for this debt or whether this is for civil trespass. A parking charge can be for trespass, breach of contract or a contractual charge. All these are treated differently in law and require a different defence. The wording of any contract will naturally be a key element in this matter, and a copy of the alleged contract has never been provided to the Defendant.

    2.8 The Claimant’s solicitors are known to be a serial issuer of generic claims similar to this one, with no due diligence, no scrutiny of details nor even checking for a true cause of action.
    HMCS have identified over 1000 similar poorly produced claims and the solicitor's conduct in many of these cases is believed to be currently the subject of an active investigation by the SRA.
    I believe the term for such conduct is ‘robo-claims’ which is against the public interest, demonstrates a disregard for the dignity of the court and is unfair on unrepresented consumers.
    I have reason to believe that this is a claim that will proceed without any facts or evidence supplied until the last possible minute, to my significant detriment as an unrepresented Defendant.

    2.9 Claimant & his representative should supply all the documents related to that case along with the contract with the lawful occupier of the land being produced by the claimant, or a chain of contracts showing authorisation stemming from the lawful occupier of the land, I have the reasonable belief that they do not have the authority to issue charges on this land in their own name and that they have no locus stand to bring this case.

    2.10 The Protection of Freedoms Act 2012 does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional charges. The Defendant also has the reasonable belief that the Claimant has not incurred the stated additional costs and it is put to strict proof that they have actually been incurred. Also any interest added due to claimant failure to provide the right address of the defendant need to be cancelled.

    2.11 The government have put in place a mechanism whereby liability can be transferred from driver to keeper, under the Protection Of Freedoms Act 2012, sch 4. The claimant has made the conscious decision not to avail themselves of this legislation and use a notice to keeper which fails to comply with 8.1, 8.2a, 8.2c, 8.2f, 8.8b, 9.2.a, 9.8b of the Act.

    2.12 On the other hand it is believed that the Claimant may seek to rely on a rather
    unique interpretation of the judgement in Elliott -v- Loake which is different from this case.

    2.13 This case can be distinguished from ParkingEye v Beavis [2015] UKSC 67 (the Beavis case) which was dependent upon an undenied contract, formed by unusually prominent signage forming a clear offer and which turned on unique facts regarding the location and the interests of the landowner. Strict compliance with the BPA Code of Practice (CoP) was paramount and Mr Beavis was the driver who saw the signs and entered into a contract to pay £85 after exceeding a licence to park free. None of this applies in this material case.

    2.14 The signs on site at the time of the alleged event were insufficient in terms of their numbers, distribution, wording, hight and lighting to reasonably convey a contractual obligation and did not in any event at the time comply with the requirements of the Code of Practice of the Independent Parking Committee’s Accredited Operators Scheme a signatory to which the Claimant was at the relevant time.

    2.15 It is submitted that the conduct of the Claimant is wholly unreasonable and vexatious. As such, I am keeping a note of my wasted time/costs in dealing with this matter.

    2.16 The defendant denies the claim in its entirety voiding any liability to the claimant for all amounts claimed due to the aforementioned reasons and I respectfully ask that the court dismiss the claim
    Last edited by Sassii; 10-07-2017 at 10:11 PM.
    • Sassii
    • By Sassii 10th Jul 17, 10:07 PM
    • 85 Posts
    • 29 Thanks
    Sassii
    It looks as though you have them by the short and curlies, how do you plan on exacting your revenge?
    Originally posted by The Deep
    I'm going to claim back as much I can from PCM using every thing. Thanks
    • Sassii
    • By Sassii 10th Jul 17, 10:39 PM
    • 85 Posts
    • 29 Thanks
    Sassii
    put SET ASIDE £255 into the forum search box and loads of threads pop up with explanations
    Originally posted by Redx
    Could any one please let me know the cases no. for Saggi1975 & edinh05 to refer in my set aside case.

    Regards
    • Coupon-mad
    • By Coupon-mad 10th Jul 17, 11:35 PM
    • 48,883 Posts
    • 62,383 Thanks
    Coupon-mad
    We don't know them. You could click on their usernames and see if they allow a private message, and ask them.

    Change 'right to force' to 'right to enforce' and don't use shortened words, so change doesn't to 'does not' (it's more formal), and add the words shown:

    2.3 All the roads in xxxx is public adopted and not privately owned / managed as per Management Plan drawing xxxx (Attached), so the claimant doesn’t has the right to force any private parking scheme. No party can lawfully operate on public highway as if it were private land (this is specifically disallowed by the Department for Transport) and the POFA does not apply on 'non-relevant land' under Statutory Control, so there can be no 'keeper liability and no parking charges would be recoverable in law.
    Change the two x I'd to 'I would', in 2.5 - no slang/shortened language for court!

    'Cancellation' has a double L and I think you mean 'contract' not 'contact' below, but what even is the COCN that you mention?

    2.4 There is no contract in force between the claimant & defendant as any defendant declined any attempting to be in a contract made by the claimant & Cancelation Of Contact Notice (COCN) dated xxxx sent to the claimant before issuing the charges in question. COCN letter, proof of post attached
    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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