How to approach a change of address with a company

MRHCYORK

Hi all,

So I've looked for an answer on this but struggled to find it so was wondering if anyone could help.

I received a PCN from UKCPM back in August last year whilst parking in my own parking space in my buildings car park because I'd left my permit on the seat instead of the dashboard. At the time I appealed and asked for a POPLA code but never received anything back until I got a letter from DRP and then this week from Gladstones (I think from research it was actually DRP with Gladstone headed paper).

The problem I'm having is that since receiving the ticket I've moved. Because when I appealed I addressed it at my old flat they continue to send letters there. My old estate agents are kind enough to forward mail on but normally it's as a lump after 4-6 weeks or so. So my concern is that I could receive a court notification and not even realise for weeks after, at which point I'm slapped with a CCJ!

I definitely want to fight this all the way because I find it disgraceful that I should have to pay a fine of £160 for parking in my own space! And if it makes any difference, when I signed my tenancy agreement they hadn't bought a company in to manage the car park!

Thanks in advance for any advice anyone can give.

Rob

The_Slithy_Tove

UKCPM are in the IPC, so you'd never get a POPLA code.

Just write to them, quoting the PCN number, stating that the alleged debt is still denied, but any further correspondent on the matter must be sent to your new address.

Easy as that. Get proof of posting from the post office (don't use any signed-for delivery). Send an email to the same effect as well, just to be sure.

MRHCYORK

Thank you for this response. Makes sense about the POPLA code.

Okay that's great, was reluctant to provide them with a new address but I don't want to miss anything to be fair. Just last quick question, should I send that letter/email to UKCPM or DRP/Gladstone? Only because on their site the UKCPM say that once they've passed it onto DRP they want no further correspondence. So should I update DRP/Gladstone?

Thank you again though that's really useful.

The_Deep

[FONT=Times New Roman, serif]Read this[/FONT]

[FONT=Times New Roman, serif]http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html[/FONT]

[FONT=Times New Roman, serif]This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences. [/FONT]

[FONT=Times New Roman, serif]Parking Eye, Smart and a smaller company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (who take hundreds of these cases to court, and nearly always lose), who have also been reported to the regulatory authority. [/FONT]

[FONT=Times New Roman, serif]The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.[/FONT]

[FONT=Times New Roman, serif]http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41[/FONT]

[FONT=Times New Roman, serif]and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.[/FONT]

Coupon-mad

You can't email UKCPM, they don't provide one do they?

You can email DRP as long as you quote THEIR REFERENCE (on right in their letters):

info@drpl.co.uk

You can email Gladstones as well (they are not 'Gladstone') but you can find that email addy easily, by searching this forum and reading some other cases, to make you more prepared. But if you've only got the tedious letter asking for payment to Debt Recovery Plus, then you don't even have a real Gladstones letter, as you spotted:

(I think from research it was actually DRP with Gladstone headed paper).

To save a stamp to UKCPM, I would ONLY email DRPlus using their ref (NOT THE PCN NUMBER) and demand that they return the file to UKCPM and tell their client to update the address, or you will report them all to the Information Commissioner and your MP.

Emailing a new address is the ONLY time we recommend emailing DRPlus.

MRHCYORK

Hi all,

Thank you for any forthcoming help. I've read the FAQs intensely and several other good threads on here but feel I could use a little bit more help.

My brief background is;

I received a PCN back in July 2017, having parked in my own spot for not displaying the parking permit. The private company operated in a gated parking community for my building and wasn't in action when we moved into the building. The notice was on my seat (as I don't want people to know my address while I'm out) however, clearly wasn't obvious enough on the dashboard.

I appealed at the time using a letter from this board, and asking for a POPLA code however I received no response. Over the next couple of years I received ever increasingly threatening letters, however each time I moved properties I made sure to inform them of my new address, making sure I explained I still denied the charge. I intended on going to court to defend myself as and when they brought it upon me.

Fast forward to now, when me and my partner are attempting referencing and I'm told I have a CCJ of which I've no prior knowledge. Turns out that they supplied a court date to my old address 6 weeks after we'd moved. I had attempted to contact them to provide my new address and was bounced about a bit before eventually they accepted my new address in Jan 2019 (unsure why as court proceeding where in the Oct 18).

So now I'm left with completing the N244 application for a set aside and an attempt to clear the CCJ and defend the case. I believe I have a good case for a set aside as I had tried hard to provide my new address each place I'd moved and have only just found out about it now. As well as that I would like to defend myself on the basis that it was my car, in my space and that when we moved in there was no discussion of a Private parking company later being added to restrict the car park.

If anyone can help on this matter I would be massively grateful, and if you need me to supply anymore information on the matter I will do so with haste.

Thanks again,
Rob

MRHCYORK

Hi all,

Based on information garnered from this site, I've tried to put together a draft order and Witness Statement.

So far I have completed as far as the set aside, but now looking to put together an argument to have the claim dismissed on Primacy of Contract. Any advice would be hugely appreciated;

MRHCYORK

DRAFT!ORDER

IN THE XXXXXXXXXX COUNTY COURT



Claim No. XXXX



BETWEEN:

UK Car Park Management Ltd Claimant


-- and --


XXXX Defendant



It is ordered that:



1. The default Judgment dated 27/10/18 be!set!aside.



2. Costs to be reserved.



3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/19 paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.



4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/2019.



5. Should the Claimant discontinue the Claim after the CCJ is!set!aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.



6. All enforcement be put on hold pending the outcome of the application.



MRHCYORK

WITNESS STATEMENT



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


This is my supporting Statement in support of my application dated 23/7/19 to:


A.!Set!aside!the Default Judgment dated 27/10/2018 as it was not served to my current address.!

B.!Order!for the Claimant to pay the Defendant £255 as reimbursement for the!set!aside!fee.!

C.!Order!for the original claim to be dismissed.



1. Default Judgment


1.1. I understand that the Claimant obtained a Default Judgment against me as the Defendant on 27/10/2018. However, this claim form has not been served at my current address, therefore I was not aware of the Default Judgment until 22/07/2019 when a routine credit check notified me. I understand that this Claim was served at XXXX. However, I moved to a new address XXXXX on 22/08/2018. Further to this I sent an email to the claimant on 27/08/18 notifying them of my address change, which can be provided in support. For further support of my address change I can provide confirmation from XXXX Borough Council showing my updated details for the purposes of paying council tax.

1.2. I believe the Claimant has behaved unreasonably in pursuing a claim against me without ensuring they held the Defendant’s current and correct contact details, especially considering I have notified them of any and all address changes. According to publicly available information my circumstances are far from being unique. The Claimant’s persistent failure to use correct and current addresses results is an unnecessary burden for individuals and the justice system across the country.



1.3. On the basis provided above I would suggest that the Claimant did not fulfil their duty to use the Defendant’s current address when bringing the claim.



1.4. Considering the above I was unable to defend this claim properly. I believe that the Default Judgment against me was issued incorrectly and should be!set!aside.



2.!Order!dismissing the Claim

BrownTrout

You should add authorities on the mis service of claim form
If you look back at my posting i have posted up about 4 authorities and select the relevant one and add that in (as in quote the case), including any relevant sections and take the relevant case with you to any hearing

MRHCYORK

Hi all,

So working toward getting a CCJ set aside as soon as possible. I found out on 22nd July that I had one (from Oct 18) and so feel it would look best if I completed the N244 within the month so just rushing now to complete my draft order.

I didn't receive the court papers as I'd moved out on 7th September 18, I informed DRPL (the only company I'd had contact with) of my address change on 28th Sept 18 (as I moved in on 22nd). The court papers were issued on 2nd October as I've just found out, and I got an email response from DRPL telling me that they were no longer handling my case. The cynic in me believes they saw that as a perfect opportunity to catch me out and tipped Gladstone off.

Do we believe this is strong enough for a set aside? I have all emails relating to me trying to inform them of an address change, etc.

Thanks for any forthcoming help, I will provide my Draft Order shortly and would be hugely grateful for any advice!