2 CCJ's- next steps- leased car

mimi23

Hi,


I have read through the newbie thread but am very inexperienced with this matter and am still unclear as to what to do.


I only realised I had 2 CJJ's when checking my credit report- had no correspondence about either.
I rang the County Court Business centre who informed me that they were for two unpaid private parking tickets from 'Parking and Property Management ltd'
Context:
They were issued on my privately owned space which was bought with my new build flat- still need to show a permit.


1st CCJ- Not even my car- somebody else parked there and they decided to put the charge on my name
2nd CCJ- on my leased car but in my owned parking space. (does the car being leased affect this?)


I have no idea how the company got my details but they did not have my exact address, hence why I did not receive any letters from them.


I understand I need to send the N244 forms but do I still need to make payment if the CCJ was COMPLETELY wrongfully issued to wrong person?


Thanks in advance- any help is welcomed as I have no idea where to start.

TripleH

Sorry I cannot advise. If no one answers, try the debt free wannabe board for ccj advice.

ShakeItOff

When were the judgments made?

If you are considering the set aside route for these, then check out post #2 of the newbies thread at the top. This will start you off on your draft order and witness statement. You will need to act quickly though between finding out about the CCJs and putting the set aside application in.

You should also send a SAR off to the PPC, DVLA, and the PPC's solicitor. They have 30 days to respond which hopefully means that you will get this information back before you hear back about a set aside hearing date.

mimi23

Thanks for your reply!

Yes think I will go down the set aside route. Both judgements were in August 2018 but I have only found out about them this week!
Has it now been too late to get them set aside?

ShakeItOff

From what I gather, judges don't take kindly to people sitting in the knowledge of a CCJ before going for a set aside. So if you have recently found out, that is fine, but you need to act quickly (am sure I have seen 28 days somewhere as a max limit).

ShakeItOff

For what little help it is, I had a surprise CCJ in October, and only found out in January, did my set aside application and have my hearing next week.

mimi23

Thanks shakeitoff and good luck for next week!
Can I ask how you went about writing your statement for the n244 form? The examples on the thread seem so formal and filled with legal terms that I don’t understand. I don’t know where to start. Do people normally involve a solicitor to write up their statement?

onlyfoolsandparking

Search around the forum, loads of posts by people in similar position to you looking for set-aside guidance, yes it seems a bit daunting but certainly not impossible.


When I was looking for advice dealing with my scammer I bookmarked loads of different pages from lots of different threads, even copied them into a word doc and then picked all the bits I needed, the info you need is here you just gotta get stuck in and find it.

Coupon-mad

Do people normally involve a solicitor to write up their statement?

Never. You can't reclaim that cost, and you don't need one.

Tell us what you don't understand about the words used in other set aside threads? Please don't just let your eyes glaze over due to the odd legal word like 'stayed' or 'draft court order' which can be easily Googled.

I've never heard anyone say they don't understand the standard set aside WS wording. Read the words - Google the odd one - and you will understand them.

mimi23

Thanks for your response couponmad

It’s more the order in which the statement should be written- I can’t seem to find any info on this. How many points needed etc and how to number points effectively.
Also is it best to list as many arguments as possible?
Ie.
Wrong address
Not my car
Private car park.

Or just stick to the strongest argument? Probably wrong address?

Any info is greatly appreciated.

The_Deep

If your parling space is on your deeds, why is a permit required? What is the exact wording of the lease about permits and paying out monies to scammers if you do not display one. Surely the lease takes primavy, read these.

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

https://www.consumeractiongroup.co.uk/forum/showthread.php?377246-UKPC-liable-for-trespass-**SUCCESS**

If they have trespassed on your property you should be considering asking the judge for unreasonable behaviour costs and making a counter-claim for harassment/trespass/data protection breach, PPCs have no place in residential car parks.


The whole industry is a scam, relying on threats of court, and the public's ignorance of the Law, A bill is currently before parliament which will regulate the scammers, many of whom are ex-clampers.

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Second Reading in the Lords this month, and, with a fair wind, will l become Law later this year..

All five readings are available to watch on the internet, (some 7-8 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.