2 CCJ on credit file (CEL) PEASE HELP!!

Coupon-mad

Ha, good spot, nosferatu1001!

Anonymous123456

I will send SAR to first thing tomorrow as i was told to concentrate on my witness statement and draft so i made sure i completed this first. providing this is all correct i will print off both statements (WS and DO) and attach a copy of each to the two claims and hand in to the court drop box tomorrow..

i have a question regarding the below statement which was edited

1. I understand that the Claimant placed two default judgments against myself (Defendant) in the middle of May and July 2018 respectively for two separate alleged parking incidents on private land, which more than likely turn on the same facts and should have been one single claim. Instead, this notorious operator has filed two separate claims, negligently sending them to an old address with no attempt made to trace my current address at the time, and instead of 2 x £100 (maximum recoverable under the POFA 2012, Schedule 4) the Claimant has astonishingly arrived at an eye-watering total in the region of £700.

As i said on my main post i had problems with family relationship..the part about my address. When I moved out of my familys address the licence was updated from around 2015 as i moved due to a broken relationship with family. I then came back in mid 2016.. the vehicle was purchased in 2017 and things were fine up until i moved out again towards the end of 2017 BEFORE the alleged offences and whilst I was at the address where my licence was registered the claims company sent the letters to my familys address.. but my V5c was never updated from my familys address.. (that's why PPC sent letters there im assuming) can i still call my family address a ''Previous adress'' and rely on my licence as evidence to prove i wasn't at the address? can PPC request licence address from DVLA? if so maybe i could rely on that fact that they never. i hope this all makes sense as i genuinely wasn't at the address at the time.

Coupon-mad

and attach a copy of each to the two claims and hand in to the court drop box tomorrow..

Along with a note about the fee help reference you got, and a contact number in case they do require you to pay a partial fee.

can i still call my family address a ''Previous adress''

Yes.

and rely on my licence as evidence to prove i wasn't at the address?

Yes and any bills with your new address on, dated from the material time of the Claim/CCJ, to show you were not trying to hide from any debts or companies and were 'there to be found' by a simple trace.

can PPC request licence address from DVLA?

No, and nor can they ask twice for the VRN keeper data.

So these claims are often served to an old address and if you read other set aside threads (and you MUST, to learn about what happens at the hearing) you will find every single case is like yours.

The scam is that parking firms do not bother to carry out reasonable steps to ascertain where the D is living, if they get no replies to their letters it is sensible to assume that the person DOES NOT live there any more and they are meant to exercise due diligence and check.

Look, the new CCJ reforms were partly caused by PARKING FIRMS and the Govt said so!

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

The consultation looked at ways to:

...better protect consumers who are sent mail to inaccurate addresses verify addresses again before a claim is sent protect people’s credit scores from being damaged if they resolve outstanding debts quickly consider how modern communication could notify people of outstanding debts assess the role of parking companies and examine how drivers are informed of fines.

And the Department for Communities and Local Government will be taking further steps in due course to tackle poor practice by private parking companies.

Anonymous123456

I appreciate your responses thankyou!

when i was at the new adress i didnt recieve any bills as i didnt pay any, my friend did as it was his flat, the only thing i may have is a DBS form as i was applying for jobs at that time at that adress dated from 2017. (the two charges from PPC were from mid 2018 at my familys adress) i dont know if that is any good otherwise nothing else really

DoaM

Proof of a DBS check at that address is probably fine - it's a Government-based system after all.

Coupon-mad

the only thing i may have is a DBS form as i was applying for jobs at that time at that address dated from 2017.

Perfect.

You want to satisfy the Judge that you were not at the old address but were 'there to be found' and by applying for jobs and using that address, you were certainly not hiding.

I would take with you to the set aside hearing, that Govt press release I linked, in case the Judge doesn't know that it was abuse like this by parking firms, that led to CCJ reform consultations recently.

It is the will of Parliament that parking firms worst abuses are curbed, but a Judge might not know that and you need to satisfy the Judge that YOU are the innocent party.

Anonymous123456

Thank you all for your help previously. I have since submitted the SAR, and submitted the set asides to the court along with draft order and witness statements..


The PPC got back to me 2 days after I had sent them the SAR, they rang me on a private number requesting more information on the vehicle, I didn't include the vehicle Reg as I didn't know it at the time. they said they had tried searching for my information on their databases (my name and address) but couldn't manage to find anything.. I told them I did not have the vehicle Reg and they didn't get back to me for atleast a week. I got fed up with them then eventually I came across the vehicle Reg on a document at home I quickly sent them that via email. I have still got NO response its been more than a week...in total its almost been a month since I sent the SAR. not sure of my next step? Court date is early April.

Le_Kirk

You sent a SAR in a letter or e-mail suitably marked SAR? They rang you so must have received your request. They must have had your VRN as they were able to find your address? How long is it since you confirmed the VRN? If more than 30 days, complain to ICO. If less than 30 days - wait.

Anonymous123456

yes they definitely received the SAR request I sent via Email, and no as I didn't include the VRN on the first SAR request as I didn't know which vehicle it could have been. after they said they cant find anything against my name and address I was confused.. I made sure I found the VRN and then resent the SAR like 2 weeks ago. i think i must 2 weeks left then, but I'm thinking what if the PPC don't get back to me before the court date?? what are my next steps?

Anonymous123456

Any idea what my next steps will be? or do I just wait until the court date and if I had no reply from them (PPC) just tell the judge that? and the fact that I still have no idea what they are about? confused.