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PCM CCJ Residential Parking Set Aside Advice
Siee
Posts: 23 Forumite
Good evening,
I have been reading through your newbies thread and it has been a great help.
I noticed when running a credit report that I have received a CCJ dated July 2018 from PCM in relation to 3 parking charges dated January and February 2017.
Background:
I moved into a property on Oct 2016 that had an underground allocated parking space which required FOB entry. No mention of requiring parking permits from the letting agent or landlord and none were given to me. There is also no mention of requiring a permit to park in my Assured Shorthold Tenancy agreement.
Parking Control Management claim they took over management of the parking on the 30th November and that according to their signage and a letter including a permit (which I did not receive until March 2017 after badgering my landlord about it) that I parked “in a manner in which I agreed to pay a charge if I didn’t display the permit.”
Being naïve, I immediately contested this and assumed that if I told them I was a resident they would cancel the ticket – how wrong I was.
On the second charge I contested that I had primacy of contract and my AST allows me to park provided I keep my car in good condition – no mention of permits. Surprise surprise this was rejected too.
I ignored the following parking charge as it was under the same circumstances and subsequently ignored Trace debt collection letters and Gladstones debt collection letters.
I ended my tenancy in Oct 17 with last correspondence dated Aug 17 from Gladstones.
Foolish as I was, I did not update my driving licence until recently and I do not believe I was entered on the electoral role here recently either (I assumed the address I am currently at was to be temporary so never got round to it).
I have now discovered this CCJ and would really like some help. What I’m concerned about is due to my idiocy of not keeping my details in check or sending Gladstones / PCM my updated details, I may not be granted a set aside. I have contacted Gladstones to ask their claimant to consent to set aside but unfortunately, it’s not been successful.
Any advice you could offer would be fantastic.
Thank you
I have been reading through your newbies thread and it has been a great help.
I noticed when running a credit report that I have received a CCJ dated July 2018 from PCM in relation to 3 parking charges dated January and February 2017.
Background:
I moved into a property on Oct 2016 that had an underground allocated parking space which required FOB entry. No mention of requiring parking permits from the letting agent or landlord and none were given to me. There is also no mention of requiring a permit to park in my Assured Shorthold Tenancy agreement.
Parking Control Management claim they took over management of the parking on the 30th November and that according to their signage and a letter including a permit (which I did not receive until March 2017 after badgering my landlord about it) that I parked “in a manner in which I agreed to pay a charge if I didn’t display the permit.”
Being naïve, I immediately contested this and assumed that if I told them I was a resident they would cancel the ticket – how wrong I was.
On the second charge I contested that I had primacy of contract and my AST allows me to park provided I keep my car in good condition – no mention of permits. Surprise surprise this was rejected too.
I ignored the following parking charge as it was under the same circumstances and subsequently ignored Trace debt collection letters and Gladstones debt collection letters.
I ended my tenancy in Oct 17 with last correspondence dated Aug 17 from Gladstones.
Foolish as I was, I did not update my driving licence until recently and I do not believe I was entered on the electoral role here recently either (I assumed the address I am currently at was to be temporary so never got round to it).
I have now discovered this CCJ and would really like some help. What I’m concerned about is due to my idiocy of not keeping my details in check or sending Gladstones / PCM my updated details, I may not be granted a set aside. I have contacted Gladstones to ask their claimant to consent to set aside but unfortunately, it’s not been successful.
Any advice you could offer would be fantastic.
Thank you
0
Comments
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This has nothing to to with the address on your Driving Licence.
It is all to do with the address on you vehicle's Registration Document(V5c).
You need to update both separately with the DVLA. A real fine is possible if you don't.0 -
I have updated the Dvla with my licence recently. The V5 was always registered at my parent's address as I didn't want any post to go missing in between moves.0
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If you have ignored court papers IMO it would be unlikely that a judge would order a set aside.
If creditworthiness is important to you make the PPC an offer they cannot refuse.You never know how far you can go until you go too far.0 -
I haven't ignored court papers, I haven't received them. On the 1st parking charge when I appealed as a resident, they had my address that I provided them on the appeal and so they used that going forward. But I moved 9 months prior to the CCJ date which was registered at my old address.0
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I am confused, are you saying that no court papers were sent to your parents' address?You never know how far you can go until you go too far.0
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Sorry I haven't made this clear.
The property in which I got the residential parking charges I left in Oct 17 - I received all the NTKs and debt collection letters there. But the CCJ is dated July 2018 and the papers were served there - after I had moved.
My car has always been registered at my parents address according to the V5 and I have received an PCM NTK, Trace debt collection letters and Gladstones letters, however no letter before action or any court papers were sent there.0 -
So the parking company were happily communicating with you at the address you gave them.I haven't ignored court papers, I haven't received them. On the 1st parking charge when I appealed as a resident, they had my address that I provided them on the appeal and so they used that going forward. But I moved 9 months prior to the CCJ date which was registered at my old address.
You then moved away from that address.
You didn't advise the PPC of your new address.
Easy to see what went wrong here.0 -
Yes that's correct. Was I under any obligation to inform the PPC? How would the Judge feel in regards to me explaining this in a set aside application?0
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Yes that's correct. Was I under any obligation to inform the PPC? How would the Judge feel in regards to me explaining this in a set aside application?
None at all, but it would have been prudent to do so. If I were that judge I would be severely unimpressed.You never know how far you can go until you go too far.0
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