CCJ Set Aside

ShakeItOff

I didn't realise I could to be honest. I would say I'd know for next time, but there better not be a next time! :rotfl:

ShakeItOff

So, no update on the set aside front currently. However, I am guessing the submission of my SAR has prompted PPS to look and see what else they can claim so I have a new referral letter from PPS to BW Legal informing me that they have referred a ticket from 2014 on to them.

Which is interesting, as I definitely do not recall 1) getting a ticket in 2014, and 2) definitely have had no correspondence from them. In their letter, they have said I failed to make use of their appeal procedure.

Given that this is now a tag on, would I be best placed to follow the appeal route and ask for referral to POPLA when the appeal inevitably fails? Or just wait for the very likely LBC, and send a rebuttal, and request a strike out for unreasonable behaviour (given their current CCJ awarded from a ticket in 2015)?

Edited to add: I have sent an email to BW Legal to request that, pending the results of the SAR being sent to me that data processing is suspended and my account placed on hold, which shouldn't be a problem given the Limitations Act means this doesn't go Statute Barred until 2020.

ShakeItOff

Currently following Yolo84's thread, as she seems to have a similar situation with regards to never having received a PCN or any correspondence. However, she is at a slightly more advanced stage currently.

Do I appeal through the normal route for this new one (no PCN, or NTK)? or just wait for LBC?

Meanwhile, I have sent a SAR to DVLA so I can find out who has been requesting info when (and also confirm when I changed the log book for address).

Coupon-mad

If these are both pre-court, then email BW Legal and tell them that if they are throwing a 2014 one into the mix as well for the same tired old meritless drivel from PPS (use those sort of words, I would...) then they must file just one claim, not two.

ShakeItOff

Thanks CM. One is pre-court, the second is currently pre-set aside hearing.

I received confirmation of my set aside hearing today. Court date is for the very end of the month.

I didn't send off a draft defence with the set aside application. Am I right in understanding that I need to prepare a draft defence to take with me? And does this need to be sent to the court and claimant ahead of time?

I have also received a response to my request to restrict processing (the usual "not stopping, legitimate interest" robo-response, so ICO complaint is being sent this weekend).

The_Deep

As they served court papers to an old address when they must have been aware of your new address, imo they behaved unreasonably, and you should ask the judge to award CPR27.14,(2)(g) costs in your favour,

Also, bring the matter to the attention of your MP as I advised in post number 8..

ShakeItOff

Thanks The Deep! I am planning on writing to my current MP, the MP of the parking site and possibly the PPS one too for good measure (tailored accordingly). I am waiting for them to fail to comply with GDPR currently so I can bring more to the letter. There is only 1 week left for the SAR to come to me.

Would you have any advice on the defence prep, in terms of whether I need to send to the court ahead of time? I realise that the purpose of the set aside is different to the hearing of the actual claim, but know that need to demonstrate that I had a good prospect of defending the claim in the first place.

Coupon-mad

Same advice as here:

https://forums.moneysavingexpert.com/discussion/comment/75447066#Comment_75447066

ShakeItOff

Thanks Coupon. So it's a take with, not send in advance job.

nosferatu1001

If you plan on filing a defence on the day, then it must be - according to Southpaw82 on Pepipoo, who IS legally trained and qualified - sent to the claimant AND court in advance. This prevents the claimant from objecting.