CCJ and my Credit Score- All correspondence sent to address from 2013

zebrarose

No windscreen ticket. It was ANPR.

Redx

zebrarose wrote: »

No windscreen ticket. It was ANPR.

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

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?

Coupon-mad

Don't think you have missed anything!

zebrarose

Should I also email the CCBC?

zebrarose

neveradullmoment wrote: »

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.

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.

zebrarose

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!

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.

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?

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.