Is it too late?

Coupon-mad

Nothing has changed, none of what we've said to do, is any different.

Your OH's case is exactly the same as all the other set aside cases and we have only ever seen ONE refused by a Judge who seemed an idiot. We see hundreds of these every year, and ALL the others were set aside.

whitepatch

Coupon-mad wrote: »

No, that's what causes every set aside case we see! Sort it now so the WS can say it was changed in good faith as soon as the issue came to light, and there was no attempt to avoid any debt because the DVLA had been informed of the new address for driving licence records and the keeper believed that form to the DVLA, also updated the V5C for his car.

No, not at all. In fact each WS should also state that it is wholly unreasonable that the claimant appears to have filed two claims for matters of essentially the same facts, and that you ask for ONE hearing to set aside both CCJs and that the Claimant be required to explain why two claims were filed, which not only wastes the court's resources but has cost an extra £255 court fee to set aside two claims, when they should have been heard as one matter all along (ref: Johnson v Gore Wood & Co).

Include BOTH claim numbers in your OH's WS where he talks about getting two CCJs, and ask specifically in the DRAFT ORDER for both claims to be merged.

In your case, the Draft Order will be a SEVEN point one!

That's the problem, I have asked my other half and he hasn't changed his driving licence address. I'm assuming it is doomed now??

Coupon-mad

OMG no. Stop thinking you are stuffed, I hate the defeatist attitude we see too often!

Just change what I said...come on, I was making an assumption there. Just forget I mentioned driving licences. Forget that!

I said you you already - YOUR CASE IS EXACTLY THE SAME AS ALL THE OTHERS. For the love of GOD get the CCJs set aside by finding out the claim numbers, going and getting the letters (if any) and whilst there, taking photos of the scammers' signage and lack of it in several areas...paint a picture of a poorly signed car park.

Don't come back telling us ''are we doomed? there are signs up''!

Of course there are signs somewhere. Get some damning photos.

whitepatch

Coupon-mad wrote: »

Nothing has changed, none of what we've said to do, is any different.

Your OH's case is exactly the same as all the other set aside cases and we have only ever seen ONE refused by a Judge who seemed an idiot. We see hundreds of these every year, and ALL the others were set aside.

Are you sure? Even though my other half hadn't updated the DVLA?

I'm so upset

Coupon-mad

Yes I am CERTAIN this is the SAME as all the others, this happens so often, even the Government stepped in:

http://parking-prankster.blogspot.com/2016/12/government-announce-ccj-review-due-to.html

https://www.gov.uk/government/news/new-measures-to-protect-consumers-from-debt-claims

Please be confident, both of you!

Gather your evidence and meanwhile he needs to send that SAR by email to the parking firm's DPO (see their PRIVACY webpage).

whitepatch

Coupon-mad wrote: »

OMG no. Stop thinking you are stuffed, I hate the defeatist attitude we see too often!

Just change what I said...come on, I was making an assumption there. Just forget I mentioned driving licences. Forget that!

I said you you already - YOUR CASE IS EXACTLY THE SAME AS ALL THE OTHERS. For the love of GAD get the CCJs set aside by finding out the claim numbers, going and getting the letters (if any) and whilst there, taking photos of the scammers' signage and lack of it in several areas...paint a picture of a poorly signed car park.

Don't come back telling us ''are we doomed, there are signs up''! Of course there are signs somewhere.

Sorry! It's just such a shock that's all!

Okay. So do I mention about the address thing then? As the links you sent me look like they rely heavily on that?

Coupon-mad

Please just read other threads and slow down. You are flapping and it seems you haven't read the easy ones I showed you to copy.

Everything is on the two example threads I showed you much earlier, only your OH's Draft Order needs seven points.

Redx

sarahsexton wrote: »

Are you sure? Even though my other half hadn't updated the DVLA?

I'm so upset

before issuing any court claim they should have done due diligence and used a tracing service to ensure they had the correct details for the defendant

it got so bad that the PM said she would get it sorted out a couple of years ago and the MoJ was supposed to be issuing guidelines too

yes your OH should have notified the DVLA about any change of address for the V5C and also the driving licence too, the punishment for each can be a fine of up to £1000 , so he is lucky in one way, keep records up to date !!!


as mentioned above, you are like a scared rabbit caught in headlights , get a grip and read what you have been told to do and get it done, save the angst for later

whitepatch

Coupon-mad wrote: »

Yes.

The easiest thing to do is copy a recent set aside thread which includes a six point DRAFT ORDER, like this one:

https://forums.moneysavingexpert.com/discussion/comment/74830861#Comment_74830861

and here is a case showing what your OH needs to say, to satisfy the Judge at the set aside hearing:

https://forums.moneysavingexpert.com/discussion/comment/74864199#Comment_74864199

That person is now moving on to the actual defence in case his PPC proceeds with the claim now.

Your OH also needs the CLAIM NUMBERS of the cases to be set aside. He could also do with all the paperwork relating to it, so is there no post at the old address which will give him those details?

If not, if he knows the Parking firm scammer name he needs to email their Data Protection Officer (see the parking scammer's Privacy page) and ask under a SAR (subject access request) for ALL photos, all letters they reckon were sent, the PCNs, and the court claims and claim numbers and the Particulars of Claim and sums stated on the claim forms.

They have to provide all data held under SAR rules (under the GDPR) and it's free.

However, setting aside a CCJ means acting QUICKLY (one of the things the Judge will want to hear about) so no sending the PPC scammer a SAR then sitting back till after Christmas. The N244 and Draft Order and Witness Statement and court fees - unless he qualifies for help - need to be lodged this month as long as he can get the two Claim Numbers (and the SAR info he also wants from the scammers, can arrive later).

Be under no illusion that the industry operates an 'outrageous scam' (Parliament said so in February). I sincerely hope you are now living somewhere with no parking firm infesting the site at all. NEVER agree to a permit scheme at your own homes.

When I send the email tomorrow, how long is reasonable to wait for a reply? Should I give them a call as well to try and get the claim numbers?

On the ccj it does have a case number?

Redx

the SAR requires 30 days, has been the case for over 6 months since the GDPR came intoi force and you got all those letters and emails and notifications about it (we all did)

read the coupon-mad thread called GDPR 2018 FIGHTBACK, its all in that thread


you want the claim or CCJ numbers for each and every CCJ on file, so you should have all of these numbers if there are more than one