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Please help! ***I WON***

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  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chunkrock wrote: »
    The car was always registered to my new address...

    Then I can only think of two possible ways that Registered Keeper never new about this alleged parking event and the resulting court case.

    1) all mail from the PPC, the debt collectors, solicitors and the County Court Business Centre was somehow wrongly delivered, or

    2) all mail from the PPC, the debt collectors, solicitors and the County Court Business Centre was ignored.

    Sorry, but I am finding it difficult to come up with another possibility.

    You will need another possibility so that you are able to convince a judge that a set-aside is appropriate.
  • KeithP wrote: »
    Then I can only think of two possible ways that Registered Keeper never new about this alleged parking event and the resulting court case.

    1) all mail from the PPC, the debt collectors, solicitors and the County Court Business Centre was somehow wrongly delivered, or

    2) all mail from the PPC, the debt collectors, solicitors and the County Court Business Centre was ignored.

    Sorry, but I am finding it difficult to come up with another possibility.

    You will need another possibility so that you are able to convince a judge that a set-aside is appropriate.

    I do not understand how the CCJ can be against my old address which I moved out of 8 months before the offence and all details are up to date.
    The post will all have been sent to the old address which obviously I no longer receive.
    Certainly not ignored!!
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    But from what you've said, I don't understand how there is any possible link between your old address and the vehicle in question.
  • KeithP wrote: »
    But from what you've said, I don't understand how there is any possible link between your old address and the vehicle in question.

    Exactly, this is why I am so confused.

    I have emailed the DVLA to ask about vehicle history of registered addresses so hopefully they can shed some light on it.

    I really don't need this in my life; its so incredibly unfair :(
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    chunkrock wrote: »
    I really don't need this in my life; its so incredibly unfair :(
    Unfortunately that is a sentiment expressed by almost every victim that posts here.

    This is an entirely unregulated industry.
  • KeithP wrote: »
    Unfortunately that is a sentiment expressed by almost every victim that posts here.

    This is an entirely unregulated industry.

    I know this is completely irrelevant but I've spent the last 2 years clearing off £15,000 of debt and am so incredibly close.
    So close in fact that we booked a weekend to Edinburgh next week for our birthdays and to treat ourselves.
    Saved up £400 spending money...
    CCJ is for £347

    Tesco meal deals and cider at the bus stop it is eh?

    Not to mention being blacklisted for the next 6 years... all that effort :(
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 13 September 2018 at 10:10PM
    Then you will have to send a SAR (subject access request) to the parking firm for copies of all letters and this will assist you at the set aside hearing.

    From the figure you stated I'm guessing it's Civil Enforcement (CEL)?

    Loads of set asides done here against them but you MUST do it properly and pay the £255 court fee and a witness statement and a draft order just like all the recent ones on recent £255 CEL set aside threads, asking that the court orders that the £255 is refunded by CEL or that costs are reserved and the the Claimant pays your costs, should they discontinue or not proceed with the claim within a reasonable time after the set aside.

    Do not be tempted to try the cheaper (but impossible to work out well for you with a scam PPC) £100 'set aside with consent' and DO NOT phone the PPC.

    Search the forum for the words in bold above, & copy a recent one with a draft order with 6 points to it.

    Set asides are also fully explained in the NEWBIES thread, but the linked examples are a bit older and so you need to read more recent ones for the longer 'draft order' to protect your £255 if the court agree, and IMHO they probably will.

    You can do this at the same time as CEL (or whichever parking firm?) are having to process your SAR, which MUST go in tomorrow by email:

    dataprotectionofficer@ce-service.co.uk

    ...I got that from their 'privacy policy' website page just now. If it's not CEL, Google the firm and look at their privacy notice for their DPO contact email.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 151,354 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    P.S. Don't feel too bad, these things can be addressed and put right.

    A bit different, but a utility firm just trashed my credit rating too, last month in error, and I hate the Experian page right now! Goes without saying it's being sorted or I was going to sue them, and I've just had the apology and compensation, just waiting to see my credit rating go back to normal now. Horrible feeling when it's unfair.

    :)
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    Then you will have to send a SAR (subject access request) to the parking firm for copies of all letters and this will assist you at the set aside hearing.

    From the figure you stated I'm guessing it's Civil Enforcement (CEL)? Loads fo set asides done here against them but you MUST do it properly and pay the £255 court fee and a witness statement and a draft order just like all the recent ones on recent £255 CEL set aside threads, asking that the court orders that the £255 is refunded by CEL or that costs are reserved and the the Claimant pays your costs, should they discontinue or not proceed with the claim within a reasonable time after the set aside.

    Do not be tempted to try the £100 'set aside with consent' and DO NOT phone the PPC.

    Search the forum for the words in bold above, & copy a recent one with a draft order with 6 points to it.

    Set asides are also fully explained in the NEWBIES thread, but the linked examples are a bit older and so you need to read more recent ones for the longer 'draft order' to protect your £255 if the court agree, and IMHO they probably will.

    You can do this at the same time as CEL (or whichever parking firm?) are having to process your SAR, which MUST go in tomorrow by email:

    dataprotectionofficer@ce-service.co.uk

    ...I got that from their 'privacy policy' website page just now. If it's not CEL, Google the firm and look at their privacy notice for their DPO contact email.

    How would I find out who issued the fine? This morning is literally the first I've heard of any of this.
  • Umkomaas
    Umkomaas Posts: 43,305 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    chunkrock wrote: »
    How would I find out who issued the fine? This morning is literally the first I've heard of any of this.

    Phone the CCBC in Northampton - they will tell you. But expect a long time waiting for them to answer the phone (an hour has been reported on a number occasions).
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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