Parking offence- CCJ!! District Enforcement

Sammyb77

Hi All,

my first post to this forum. I'd really appreciate your assistance potentially getting a CCJ set aside.

Circumstances below:

I've recently checked my credit file, as I want a loan for some home improvements, and whilst everything else appears in order it appears I have a CCJ. It's registered to my old address, and is in the sum of £219.00

Making enquiries with the court I've determined that the solicitors are Gladstones solicitors, and they have informed that the claimant is District Enforcement limited. Here are the facts:

Alleged parking incident: 19th November 2015.

We moved house- 29th November 2015

CCJ determined- 24th March 2016.

So, whilst I don't necessarily dispute the initial parking charge, given that the incident happened 10 days before we moved house, there has been some cross-over between the parking company getting my details from the DVLA, and me notifying the DVLA of the change in the address which has meant all correspondence has been directed to my old address, offering me absolutely no opportunity to either pay up or defend myself, completely unaware that a CCJ has been brought against me!

Firstly- it seems that for a contravention to have taken place mid November, and factoring in Christmas- to have a CCJ against me by the 24th of March surely means District Enforcement must have been pretty aggressive getting their application in?

Secondly, I am potentially willing to pay District Enforcement, but I don't simply want the case marked as satisfied on my credit file, I'd like it set aside.

I'd appreciate your advice, if I pay the £255 and send in my application, stating my case above, in that I've never had any opportunity to either pay or represent myself, what would my chances be?

What information do I include with my application,

If/when should I pay the outstanding amount?

Any help much appreciated. Trying to remain calm, but this is understandably causing sleepless nights, I don't want to jeopardise my future!

Regards

Sam

pappa_golf

I have replied on pepipoo , and as asked on there , what is the date of the doc ref on your v5 ?

Coupon-mad

Hi Sam,

Did you see this:

https://forums.moneysavingexpert.com/discussion/5524754

Complain about this right now, to Mrs May and to your MP and Sir Oliver Heald, by snail mail letters with photocopies of the rubbish evidence of this robotic CCJ plonked there by Gladstones with no checking of facts nor where you lived in Feb/March, tell them how this has ''credit clamped'' you and how is it right that a private firm can do this and escalate the costs to enable double recovery in court of a smaller, alleged parking charge you knew nothing about and comes from a notorious firm:

https://forums.moneysavingexpert.com/discussion/comment/71302094#Comment_71302094

I am potentially willing to pay District Enforcement, but I don't simply want the case marked as satisfied on my credit file, I'd like it set aside.

If you just contact them and pay Dyl Kurpil (ex-copper...now District Enforcement Director AFAIK) his pound of flesh, then that doesn't get the CCJ set aside, as you know it would merely be marked 'satisfied'. Not good enough then.

As well as ranting at the Government whilst that iron is hot (please don't miss that chance) also read about Gladstones claims on here to learn the answer to this:

What information do I include with my application,

Proof of moving, copy of the V5, a statement signed and dated saying you never received any letters nor court claim papers at all and only found out about this unexpected CCJ last week/week before.

Also a brief summary showing that you have very good prospects of success in defending the claim. Was this ticket at Staffs University re permits? Or was it at a site owned by a Local Authority (important to know)?

pappa_golf

CM:


from pepipoo


"Hi,

thanks for responding. The date on my V5 is the 10th of Feb? "


almost 4 mths after moving address

Sammyb77

Thanks for your replied guys!

Papa Golf- my V5 is dated 10th of Feb, with moving house, then going away it was something I didnt around to until January. Will that affect anything?

Coupon-Mad- It was at Staffs Uni, I'm doing some work for them, I don't have a permit, but may well have parked in an incorrect bay.

pappa_golf

Sammyb77 wrote: »

Thanks for your replied guys!

Papa Golf- my V5 is dated 10th of Feb, with moving house, then going away it was something I didnt around to until January. Will that affect anything?

Coupon-Mad- It was at Staffs Uni, I'm doing some work for them, I don't have a permit, but may well have parked in an incorrect bay.

yes , failure to update your info has resulted in all mail including court letters going to your old address , how would DE/gladstones know your new address to serve papers to?

Sammyb77

Hi Papa Golf, whilst I accept your point- It wasn't over 4 months from moving house, it was 2, as I moved November 29th.

You state that District would've applied to the DVLA on the either the 3rd/16th December for my details. Even if I'd filled in the form on the actual day I moved, I don't think the DVLA would have updated their records by those dates?

Regards

Sam

Coupon-mad

OK so District Enforcement are notorious on forums for ripping people off at Staffs Uni for many years. They sued lots of people and won some cases and lost some, including one against a lecturer.

The point with you is, this could only be at best, an allegation of trespass because I seem to recall that the Staffs University signs only 'offer' a licence to park under contract to those WITH a permit. Anyone else is a trespasser, like the argument here:

http://parking-prankster.blogspot.co.uk/2016/04/pcm-uk-signage-does-not-create-contract.html

You cannot create a contract to pay a charge where the conduct causing the charge to arise is expressly forbidden. Therefore no consideration flowed from DE to you and there was no contract, no 'agreement on the charge' (unlike the Beavis case where he was offered a licence and granted the 'valuable' consideration of free parking for two hours before the charge kicked in.

Not the same as your case and in fact, the Judges in the Beavis case both at Court of Appeal stage and Supreme Court, confirmed in their written judgment that a third party parking operator not in possession of the land, CANNOT issue a 'charge' in lieu of the actual landowner's only lawful right to claim loss (a nominal sum like £1, unless there was damage) under the tort of trespass.

To defend this you will need to read other DE cases in due course but for now, it is enough to get a hearing to get this set aside. Be aware that Dyl Kurpil might turn up and try to contest your application and he is very calm and plausible at court...I guess your local court is local to DE, which makes it more likely they'd rock up.

DO NOT REPLY IF YOU GET A PRIVATE MESSAGE FROM ANY POSTER HERE WITH LESS THAN 1000 POSTS, OFFERING TO 'HELP'. COULD BE ANYONE, COULD BE A PARKING FIRM AND WILL NOT BE A PERSON WITH YOUR BEST INTERESTS AT HEART.

P.S. Complain to the University Proctor/Dean vociferously and say you will never do work for them again unless they assist to get this CCJ removed with DE's consent at no cost to you. This is the Uni's fault for allowing DE to sue people who have a right to be there and were not properly informed about permits nor provided with one/or the bays were not well marked. It's a cash-cow with unmarked areas that DE then pretend are 'no parking zones'. Complain.

Sammyb77

There are other means of capturing my address, I amended bank, council tax, etc very quickly. And surely they could've searched again?

How long does a CCJ take to go through the application process etc. It just seems very quick, from an offence in November, through to having a CCJ in March??!!

Regards

Sam

Coupon-mad

Sammyb77 wrote: »

Hi Papa Golf, whilst I accept your point- It wasn't over 4 months from moving house, it was 2, as I moved November 29th.

You state that District would've applied to the DVLA on the either the 3rd/16th December for my details. Even if I'd filled in the form on the actual day I moved, I don't think the DVLA would have updated their records by those dates?

Regards

Sam

True and if the Judge at the set-aside asks then you can say the above, also that this was only a few weeks - with Christmas in between - and you dealt with that matter as soon as you could, in late January/early Feb. Just as you are now dealing with this unexpected CCJ which appears to have arisen in fact for an allegation of trespass (if you had NO permit) or parking in an totally unmarked area (if you DID have a permit but parked beside an unmarked kerb).

Sammyb77 wrote: »

There are other means of capturing my address, I amended bank, council tax, etc very quickly. And surely they could've searched again?

They cannot search again with the DVLA (not allowed) but that's part of the problem being put to the Government at the moment, please read the links. This is exactly what is wrong with this court process, that a charge can be doubled for no reason then morph into a CCJ, clamping your credit for six years when in fact the entire 'charge' was spurious in the first place.

Gladstones or DE could have used a method to trace you but they have no reason to bother, they do this to get the money out of people regardless of whether the court papers are being received - and that is unacceptable without a hearing. Get complaining to Mrs May and your own MP and Sir Oliver Heald, nothing 'templatey', just a letter with copies of anything you have obtained from the old address (the PCN, the court claim) saying how this devastating discovery has affected your credit chances and forced you to pay £255 as a set aside fee as well as defending something that is known to be unfair ticketing at Staffs University where you were authorised to be.

Say this is the new form of clamping and the industry is clearly out of control (which they certainly are).

pappa_golf

I don't think the DVLA would have updated their records by those dates?

maybe not , however the fact that you updated your details in a timely manor would be a good starting point for a setaside