CCJ Set Aside

ShakeItOff

Today I received a 60+ page witness statement from the Claimant. Interestingly, it includes in the bundle a PCN - a copy which did not come with my SAR. The PCN also seems to reference IAS, but doesn't show who they were ATA members of. My understanding is that at the time (2015) they were BPA members.

In essence, they are saying that because I failed to engage with them past my (allegedly out of date) appeal, and that I must have bought a house and decided not to live there, that I should be held liable. Their address check threw up my old address, which I find very hard to believe, having performed a check nearly a year after I moved.

I won't lie, I am feeling pretty nervous. They're sending an advocate in their place.

I'm planning to take copies of POFA, their WS, my WS, their privacy policy, PPS's privacy policy, my defence (it is in draft form, but will have an opportunity to hone it when I have got over my current level of panic). Is there anything else I need to take or do at this stage?

Edited to add: Hearing is mid-week.

Coupon-mad

All your evidence about your addresses and moving house, because the Judge mainly needs to be satisfied that the claim was never served to you and that this wasn't your fault/you were not running away from a debt.

Take any proof that you were 'there to be found' but for a proper trace, such as a snapshot of your credit addresses/contact shown online on your credit record, maybe your social media account, and of you are listed on the 'public register' for voting.

Can you be easily Googled to find your address or an email? If so, take proof.

When you appealed early on (they said too late), did you give an email address too? Prove that you did (or state that you did, if you can't now prove it) as that is reasonable evidence that they could very easily have used that email addy to contact you, as you'd willingly provided it.

Take proof (a wage slip?) of your loss of leave/salary for attending, and/or travel and parking for the hearing, and be ready to ask for your costs to be reserved, or preferably reimbursed - all your costs including the £255 fee - by the Claimant within, say 14 days, as they have clearly deliberately chosen to use an old address for your claim, rather than make reasonable efforts to find you by email or post, which was within their gift all along.

DO NOT walk out at the end having got the set aside, being unclear as to costs!
DO NOT FORGET OR BE TOO SHY TO ASK.

It is only fair that your costs are, at the very least, reserved for the hearing of the actual claim and ordered to be paid, should the PPC discontinue the claim or fail to proceed.

Just in case you get the impression that the Judge is siding with their attempt to besmirch you, take a printout of this statement blaming parking firms for this exact conduct and point out that people's lives have been ruined by these rogue CCJs and parking firms are the worst offenders:

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

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

''...assess the role of parking companies and examine how drivers are informed of fines...

Announcing the measures, Justice Minister Sir Oliver Heald said:

It cannot be right that people who are unaware of debts can see their lives and finances ruined by county court judgments.

In the digital age, we must ensure companies pursuing unpaid debts make every reasonable effort to contact individuals, rather than simply relying on a letter to an old address.

Companies will always be allowed appropriate means of redress when they are owed money and people should always take reasonable steps to protect themselves.

ShakeItOff

Coupon-mad wrote: »

All your evidence about your addresses and moving house, because the Judge mainly needs to be satisfied that the claim was never served to you and that this wasn't your fault/you were not running away from a debt. I supplied my land registry to confirm the move, but will hunt out some other documents - mortgage paperwork must have something in there

Take any proof that you were 'there to be found' but for a proper trace, such as a snapshot of your credit addresses/contact shown online on your credit record, maybe your social media account, and of you are listed on the 'public register' for voting. I try to be quite difficult to find on social media, but have pulled my credit report with all of my listed addresses and linked names

Can you be easily Googled to find your address or an email? If so, take proof. Not so easily - older me (when I lived up North) yes, current me, yes, but married name which they didn't know

When you appealed early on (they said too late), did you give an email address too? Prove that you did (or state that you did, if you can't now prove it) as that is reasonable evidence that they could very easily have used that email addy to contact you, as you'd willingly provided it. I absolutely did indeed I shall be taking a copy of said correspondence

Take proof (a wage slip?) of your loss of leave/salary for attending, and/or travel and parking for the hearing, and be ready to ask for your costs to be reserved, or preferably reimbursed - all your costs including the £255 fee - by the Claimant within, say 14 days, as they have clearly deliberately chosen to use an old address for your claim, rather than make reasonable efforts to find you by email or post, which was within their gift all along. Indeed. Apparently, the cost of the set aside hearing is putting them out of pocket by nearly £500! So I shall be putting in my costs

DO NOT walk out at the end having got the set aside, being unclear as to costs!
DO NOT FORGET OR BE TOO SHY TO ASK.

It is only fair that your costs are, at the very least, reserved for the hearing of the actual claim and ordered to be paid, should the PPC discontinue the claim or fail to proceed. I suspect they'll carry on ahead with it, but yes, I shall be if it goes my way.

Just in case you get the impression that the Judge is siding with their attempt to besmirch you, take a printout of this statement blaming parking firms for this exact conduct and point out that people's lives have been ruined by these rogue CCJs and parking firms are the worst offenders: Printed, read and ready to go

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

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

You're a legend CM! Thank you so much. The panic is subsiding a little, but some solid preparation on my part should help enormously.

Honestly, the 61 pages were enough to send me loopy. And it's all legalese, which is intimidating (I fully appreciate that this is the name of their game).

Coupon-mad

Do not talk to anyone who approaches you outside the hearing room.

Could be the other side's rep, or a so-called (all greedy, none are altruistic any more) parking appeals person sticking their nose in and trying to say they will 'help' you, neither of which are welcome! Let us know.

ShakeItOff

A polite "good afternoon" is the absolute most they shall be offered.

I will keep you posted! Wish me luck!

ShakeItOff

Fresh out of court and I am delighted to say that I have a set aside. Unfortunately costs weren't awarded but that's ok, I can live with that.

PPS have leave to bring the claim again. My fuzzy brain cannot recall when he said they needed to do it by, but I will get a copy of the order shortly.

The advocate was actually very pleasant. She came and introduced herself before we went in and asked if I had any questions (no, thank you).

The judge didn't actually want me to speak at all, and didn't ask me any questions. He commented that these cases take up far too much of the court's time, and couldn't understand why it has taken 3 years to raise the claim, and rely on a 3 year old address. I am actually a little disappointed he didn't ask me anything, as I have spent a significant amount of time preparing and going over everything, ready to answer all manner of questions to asset my stance.

At the end, he did say that I should think carefully about whether to go ahead with a defence, and it may be worth having a waiting room chat to understand what figure PPS would accept. Out of interest, I did ask, but the advocate didn't know, and said I would need to call BW Legal.

So now we wait...

ShakeItOff

And it goes without saying, a massive massive thank you to everyone who has helped me on this thread, with particular thanks to Coupon Mad! :beer:

nosferatu1001

Were costs at least "reserved"?
The defence is easy, if the driver wasnt ID'd - not a hope of Keeper liabiltiy back then!

ShakeItOff

My fuzzy brain-ness (adrenaline has disappeared) can't remember. I will report back with the Order when I get it.

Having had my defence to hand and being confident with it, I am feeling comfortable if they go down the route of a new claim.

If they raise a new claim, then I'll post the defence for comment and review.

nosferatu1001

It wont be a "new" claim as such, and you will likely be ordered to file an amended defence - meanin gyou take the defence you used today as a starting point