UKCPS "court recovery action" threat

Redx

you can use tinypic to host a redacted copy of the form, blank the reference , pcn ref , VRM details , name and address etc

phone the CCBC tomorrow and state that you have never received any claim form , check when they sent it and to who and at what address

clearly they have your address for this postal letter so you should have received the MCOL in the post a few weeks ago

here is your live link

https://www.dropbox.com/s/giun06x4wtmbarm/IMG_0736%20copy.jpg?dl=0

splodge2018

Called them and they said i was sent the MCOL on 1st March. They said i can contest it but will cost me over £200.

Looks like they got me here guys

Quentin

Well.....


You need to read up on set aside


A set aside application actually costs £255, however if you are successful and subsequently they give up on the claim, or issue a new one and you win then you will get that refunded by the claimant

Quentin

splodge2018 wrote: »

Hello,

So i have received a county cort letter which says i have to pay £185. They say i was sent a court letter but i didn't receive anything.

Can i do anything here?

2 Options:


1) Pay it in full within a month of it being issued to avoid the ccj remaining on the register for 6 years


2) Apply for a set aside. If successful the ccj is removed from the register. Then it's up to the claimant to decide whether to try another claim or give up

splodge2018

what do you think the chances of me winning the case?

thanks again for the advice

Coupon-mad

A set aside against a parking firm is almost always possible, I can only recall two refused.

splodge2018

i'll fight it then...you say refused but do they have a good success rate?

will they just send me a MCOL? If so then I need to make sure they send me the MCOL this time as i'm 100% sure they never last time as nothing came for me in the post.

thanks

Quentin

You deal with the set aside application.


If you are successful, then it's up to the claimant to issue a new mcol if they want to (assuming the set aside judge makes no order regarding a new hearing)


Bear in mind that now they have a ccj against you they can start enforcement proceedings against you (eg bailiffs/attachment of earnings etc) all at your cost


So in your application include a request that any enforcement proceedings are put on hold pending the outcome of the set aside request

splodge2018

Do the court send me this or do i need to fill it out online? I'm a little nervous now

thanks

Coupon-mad

i'll fight it then...you say refused but do they have a good success rate?

Yes hundreds overturned on parking forums, I can only remember in the past year or so, two refused. One was sassi's (you can find that thread) and one was on pepipoo where the Judge had absolutely no clue and the OP seemed a bit naive.

You need to read other threads; no this will not proceed via MCOL.

Search the forum for set aside £255 and read the resulting threads. Spend days on it, learn!

YOU Need to get form N244 from your local court, or online (easy) and read other SET ASIDE threads!

Once YOU act to apply for this set aside, your local Judge will order what needs to be done and by when, and you must pay a court fee of £255 (unless you qualify for fee remission) - a fee which you can hopefully reclaim from the parking firm.

The previous Court Claim would have come from Northampton Court in the post, so you can't accuse UKPC of not sending it. What you do need to do, is show that you did not receive it (for whatever reason), maybe it was sent to the wrong address?

You could start by ringing the CCBC in Northampton, ask for a copy of the claim form so you can see it.

Do not hang about, though, with a set aside the Judge will expect you to act fast, this month.

Or, if you pay UKPC off within 30 days of judgment that removes the CCJ but you've then lost and it's game over for defending the case. Depends on your priorities.