MIL collections CCJ

Bambi82

hi all

I have found my self in the same predicament as many other people on this forum and have found out that i have a CCJ from MIL collections by doing a credit search.

I have read many posts on here and other sites regarding getting the judgement set aside, so many that i think that im driving my self insane!

The CCJ is for a PCN from LDK ltd nearly 5 years ago and i am informed from Northampton county court that the debt was purchased nearly 2 years ago by MIL. The court did not know who the debt was bought from just that it was for a PCN. MIL then applied for the CCJ within a month and was awarded the CCJ as i never showed up.

The truth is that i never new about the pcn as i never had a ticket and i moved from the address about 6 weeks after the alleged parking violation and never received any in the post. I certainly never new about any court action over the incident 3 years after i moved from the address.

I wrote to the DVLA and got the details of the alleged parking violation and who accessed my information which is how i know it was LDK.

I want to fight this and get the CCJ set aside, would there be grounds to have it set aside on LDK passing my details to MIL illegally and myself not being aware of the court action due leaving the address 3 years previous? Or do i need to fight the PCN as well?

I have read all the newbies information and suggested posts numerous times, along with many posts about MIL, LDK and others, but i think i am starting confuse my self.

any help would be very much appreciated as its really starting to worry me now.

The_Deep

There was another similar case on the front page today, have you read it?

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

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.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

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.

Coupon-mad

I want to fight this and get the CCJ set aside, would there be grounds to have it set aside on LDK passing my details to MIL illegally and myself not being aware of the court action due leaving the address 3 years previous? Or do i need to fight the PCN as well?

Yes and yes.

Have a read of the current MIL case thread on the first page or two right now.

Bambi82

Hi thanks for the reply.


I have read the MIL thread and others similar, would it be best to follow the same lines of defence? is it worth or do i need to mention i was a resident or will that not matter?


Thanks

nosferatu1001

Well of course, if you were a resident and had a right to park there under a lease or similar documnet, then yes mentioning this would make sense!

Follow the similar defence, AND make sure you havea draft order. SOmething like:

IN THE COUNTY COURT AT TRURO

MIL COLLECTIONS LIMITED (Claimant)

And

[YOU] (Defendant)


District Judge [name]

UPON reading the Defendant's application dated [date] and the annexed witness statement of [name] dated [date]

IT IS ORDERED that:

1. The default judgment dated [date] 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 [date] 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 [date].

Change anythign obvious.

Bambi82

Hi


So i would send this with the N244 form along with my defence etc? I take it i would choose a court local to me? and how would i find out the judges name?


also, for paragraph 3 + 4 would i just put the dates at 14 days after i send?


sorry if i am asking questions that are probably silly but it really does baffle me!! I really do appreciate the help. so thank you.

nosferatu1001

Well yes. Have you read the form? It tells you exactly what you need to include, adn a DRAFT ORDER (an Order is what a court, well, orders parties to do. Youre telling the court here what you would love, dealy and truly love, that order to be)

You fin the court local to you as thats where the hearing will be at. You wont have a name yet. DOnt fill in any dates, because obviously until the hearing takes place - at a date you dont know yet - no date would be meaningful. Again, the court can compelte this.

Its not baffling. You can only put in info you KNOW right now. You dont know when a hearing will be, or with whom, so you cannot complete this for the court. But youve at least gotten them most of the way, and hung a HUGE lantern on the court to say that you want your moeny back!

Bambi82

Thanks nosferatou10


I will get all this written up and sent off. It really is disgusting how people are treat by these cowboys.

nosferatu1001

No

Get this written up AND CHECKED HERE

You need a WS to show why you should get the set aside, a Defence to shwo you have areasonable prospect of success in a hearing, plus the draft order.

Get cracking. You have a duty to act promptly, and a set asied canbe refused if you apply "late" - usually 21 days from when you find out about the CCJ.

Bambi82

Hi
i am currently writing up my defense, i will post it as soon as im done.

thanks

Bambi82

Hopefully i am on the right track,


Statement in support of application dated

---

to:
• Set aside the Default Judgement dated

---

as it was not properly served at my current address;
• Order for the original claim to be dismissed.

Default Judgement
I the Defendant understand that the Claimant obtained a Default Judgement against me as the Defendant in case number

---

. However, this claim form has not been served at my current address and I as the Defendant was not aware of the Default Judgement until doing a routine check on my credit file. I understand that this Claim was served at an OLD ADDRESS

---

. However, I moved to a new address in

---

. In support of this I can provide confirmation from

---

County Council showing my updated details and the date I moved into the new address which is 3 years prior to the judgement.


I the defendant contacted

---

County Court to find out details of the Default Judgement. The court representative informed me of the date of the judgement and that it was for a parking charge notice issued on

---

, and

---

LTD had purchased the parking charge notice from a parking enforcement company. There were no details of the parking enforcement company from whom

---

LTD purchased the parking charge notice.

I the Defendant have written to the DVLA to obtain the details of any requests made to the DVLA for the details of the registered keeper of vehicle registration mark

---

. The DVLA informed me in writing that as the registered keeper of the vehicle my details were requested by ___ LTD on (date) for the issue of a parking charge notice.

Defence statement.
The Defendant denies any liability whatsoever to the Claimant for all of the following reasons.
1. 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.
2. The Claimant has purchased the alleged debt from a parking management Company, ----Ltd.

---

Ltd obtained the Defendant's personal data from the DVLA under the Keeper at Date of Event (KADOE) agreement that strictly forbids passing on of the information to third parties. The Claimant is not an agent of, or in any way associated

---

Ltd. The consequence of this is that the Claimant is unlawfully using the Defendants details and are in breach of the Data Protection Act.
3. It is the Defendants belief that

---

Ltd have sold the Defendants personal data with no prior written permission from the DVLA and is therefore in breach of the KADOE contract clause D5.1.
4. The Defendant has never owed any debt to the Operator (---- Ltd) to be assigned.
5. The defendant neither confirms nor denies being the registered driver of the alleged parking incident. It is therefore for the claimant to provide proof that this is the case and that keeper/driver liability has been proven in accordance with schedule 4 of the protection of freedom act 2012.
6. As a consequence of non-compliance with the POFA, a private parking charge can only be recovered from the driver. The Claimant is put to strict proof as to the identity of the driver who parked the vehicle on the material date and is reminded that it is trite law, that no lawful presumption can be made that a keeper was the driver. This was confirmed in the POPLA 2015 Annual Report, by Henry Greenslade, a parking law expert barrister and Lead Adjudicator (both of POPLA and previously, PATAS) who confirmed that there is no lawful presumption that a keeper was the driver and without the parking firm's full compliance with Schedule 4 of the statute, the keeper cannot be held liable.

Statement of Truth:
I believe that the facts stated in this Witness Statement are true.

any suggestions?