CCJ set aside

Clare237

I also emailed MP and they couldn’t have been less interested...����!♀️ He said nothing to do with MP work apparently.

Coupon-mad

Clare237 wrote: »

I also emailed MP and they couldn’t have been less interested...����!♀️ He said nothing to do with MP work apparently.

Email him this and ask why he feels this has nothing to do with MPs, when there is a Parking (Code of Practice) Bill wending its way through Parliament. Hansard shows plenty of MPs saying they help their constituents with these rogue parking firm scams:

https://hansard.parliament.uk/commons/2018-02-02/debates/CC84AF5E-AC6E-4E14-81B1-066E6A892807/Parking(CodeOfPractice)Bill

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

''(Hansard, 2.2.18)
Stephen Doughty

I have experienced on many occasions exactly the frustration that my hon. Friend describes. My constituents and I have tried to contact the company by phone, in writing and via email. We have succeeded in getting several cases overturned, but it is absurd that someone should have to go to their Member of Parliament to overturn a parking ticket that has been issued in very unreasonable circumstances.

Our constituents should be able to resolve such things easily with the companies concerned, rather than getting into the chain of events that many people find themselves in.​

In some cases, information has been wrongly obtained from the DVLA and documents have been sent to the wrong address or to an old address. People are then served with a series of demands, solicitors’ letters and bailiffs’ letters. I regret to say that many of my constituents have ended up with county court judgments, which do huge damage to their credit rating and their ability to get mortgages. Some people have even ended up on “Can’t Pay? We’ll take it away!” over a tiny parking fine, which may even have been for parking in their own parking space.

That simply cannot be right.''

And:

https://forums.moneysavingexpert.com/discussion/5972387/success-ncp-issued-refund

We will support you, what do you need to know?!

Clare237

I feel out of my depth with all the legal terms and clauses - so l I am tying myself in knots! Court is scary - I have never been in trouble so not an environment I am used to.

I sent copies of emails with my set aside application showing my name had changed since the alleged parking issue (it was clear on them), this (hopefully) shows that any mail redirect wouldn’t have worked as I didn’t get ANY post in previous name so wouldn’t have included it on redirection. But they were aware of this name. I moved house over 12 months since last contact.

I requested any information they hold on me but have received no response at all. I don’t know who their solicitors are as I have no idea how to get this information- it’s not on the ccj information from the court.

This has affected me incredibly. I cannot rent a house with my children whilst this is ongoing as I have no way of paying 12 months up front or getting 12 months rent in advance (effectively this has left me homeless). My MP’s response to this; out of his field of jurisdiction...

I will email him your suggestion - thank you.

ShakeItOff

The subject access request has to be completed within 30 days of your initial response.

I'm sad to see your MP's response. Definitely do as CM suggests - it's very timely at the moment, with the House of Lords having had a reading of the Bill last week.

You can do this Which court is the hearing at? It might be worth having a search on this board to see if you can find other set asides at that court, and the write ups.

Coupon-mad

You are not in trouble.

This is merely a scammer saying you owe them money & you saying 'No, I don't, and I didn't receive the claim (prove it to a Judge with evidence) and have good grounds to defend it'.

You are an honest person and this firm knew your married name but issued a claim in your old name to an old address, so their letters weren't redirected.

Use the examples on other set aside threads, of a witness statement and Draft Order for the Judge, and add your own details, concentrating more on the fact you didn't get the claim, and when you found out about the CCJ, and not about 'adverse credit' which the Judge doesn't want to hear much about.

The Judge wants to be satisfied you didn't get the claim, not even to the address where your Mum opens the post, so spell it all out:

I have to return to work (as a midwife) and applied for a house to rent, but I failed referencing as I have a CCJ! I have found out this was from the parking ticket I appealed. Court papers went to old address in old name, so I never received them. I am applying for a set aside using the information on here. So upset. I can’t return to uk without somewhere to live...and I have no guarantor that earns the really high amount that is is required...and cannot afford the 12 months up front.

Really wish these people realised the impact these things can have on law abiding people. I haven’t got any credit problems, but now find myself having to tell estate agents I have “adverse credit”.

Is not actually receiving paperwork enough of a defence for a set aside? The original ticked related to a day out where I was legitimately parked and entered my number into the machine in reception at the venue. So the parking fine wasn’t even right!

Oh, and ask in your N244 for the set aside to be heard 'on the papers' if you are living abroad, explain your absence/work abroad and that this unexpected CCJ is stopping you returning to the UK so you cannot attend a hearing for the set aside.

You will need to provide plenty of evidence that you told them about your new married name (and your address, if you did?) and that they used an old name and old address.

Is not actually receiving paperwork enough of a defence for a set aside?

Yes, that and showing you then acted promptly to apply to set aside the CCJ with this application, very soon after you found out about the CCJ, and that you have good prospects of defending the claim too, given that the original ticket related to a day out where you were legitimately parked and entered your VRN into the machine in reception at the venue.

Which parking firm, and do you have the claim number so you can act on the set aside? You need the claim number and Claimant's name/address (ideally a copy of the claim form).

Which parking firm did you appeal to? If it was Britannia or NCP then they use BW Legal, as seen all over the forum, and you could email them for a copy of the claim form under a SAR (attach ID connecting you to the car/the old address). They would have to supply that within a month.

Coupon-mad

Have you seen what MPs achieved here?

https://www.halsteadgazette.co.uk/news/south_essex_news/17477309.westgate-car-park-basildon-free-as-smart-parking-loses-control/

Your MP should hang their head in shame; show them all of this activity and action by MPs across the country for their scammed constituents.

Clare237

Thank you for your replies!

I requested an SAR from Civil Enforcement about 2 weeks ago, but haven’t received an acknowledgement as yet. I hope I get something from them in time for my set aside hearing in about 6 weeks.

Coupon mad; I put in my statement about being abroad and the extremely difficult situation but wasn’t offered a hearing on papers? Would the court still consider this? Or could I keep flight receipts and request them as costs if I am successful in defending their claim (assuming judgement set aside and they restart the claim process).

I emailed them twice in early 2017 and on both emails I stated my name had changed. I sent these to the court. I heard nothing at all from this point on - no debt collector or solicitor letters etc. The ccj was registered August 2018. I moved in the spring before any papers served - should I have told them I had moved? Mail redirect was only done in my married name so no post received on that.

My mp is useless. He just said none of his business....he should hang his head in shame!

Clare237

https://www.google.co.uk/amp/s/www.thesun.co.uk/news/8304421/homeless-depression-old-peoples-home-parking-ticket/amp/

This is so sad x

Clare237

Hello all!

I have an update;

I received the subject access request via email this afternoon and I am a little confused...sorry.

Original “violation” date was beginning of a month, they wrote to lease company who responded giving my details about 6 weeks later and I was sent a pcn shortly after, over 2 months after the date the car was in the car park (I didn’t receive this) but I received the next one.

There was one more ticket then a lot of solicitor letters (I actually didn’t receive any of them!) from zzps from about 7 months after the start of all this. Last solicitor letter was sent in the July 2017 (only 2 of these) and then one from cel in the December 2017. Court claim July 2018 but I was not at this address.

Further to their incompetence, they have sent all this also by post to my OLD ADDRESS also - and they know I don’t live there anymore!!!

What does a notice to keeper look like because I don’t think I have one?

Clare237

It was the lease company who passed on my details to cel, not the dvla.