UKPPO - CCJ Set Aside, now time to defend!

golfdriver

Many, many thanks for the advice Coupon-mad. I called the court just before 4pm yesterday and they did not have the notice of discontinuance, and the hearing was still listed for today at 10:00.

Have arrived at court today to find it is still listed. Have checked in with the clerk andimbow waiting. The hearing is currently awaiting allocation to a judge I believe, so I may be in for a wait.

I will update the thread with any progress.

The_Deep

... I resent them having left it to the last minute and the massive amount of work and stress this has caused me.

Ask for punitive costs under CPR 27.14(2)(g). You are in with a chance here.

If the judge will not play ball consider sending them an invoice. If/when they ignore, send a letter before claim,

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

you then have up to six years to follow it up in court. It might make them wonder if this behaviour is worth their while.

Coupon-mad

Good.

While waiting, list every piece of conduct that is 'wholly unreasonable' from the POV of what the Claimants have done since that first claim went to your wrong address because they didn't bother to trace you and check they have the right address for the Defendant, as the DVLA ad BPA any their members are expected to do before filing a claim.

Include the fact you've never actually seen any evidence or claim or photos (if true) and show the Judge that they discontinued with 20 hours to go, to try to leave you high & dry without your £255 and other hearing costs x 2. List those costs including this morning's costs and have a way to prove what you earn per day (wage slip by email on your phone, if asked to prove your loss of earnings/leave on the 2 days you went to court.

Ask for costs ON THE INDEMNITY BASIS and have a totted up list of hours spent researching and handling these 2 hearings and paperwork, say 25 hours at £19 per hour LiP rate. HUNDREDS of pounds.

If you don't ask, you don't get. As The Deep said:

Ask for punitive costs under CPR 27.14(2)(g). You are in with a chance here.

Be confident and clear and use the words 'wholly unreasonable' and 'vexatious litigation' and 'indemnity costs'.

A decent Judge will award you a fair whack - so I dare you to ask! Don't let anyone smile & tell you it's been discontinued so 'run along'. You are there to see the Judge.

golfdriver

Thanks again.

I put together exactly such a list last night, but have added additional comments to it to include your wording. I also have a payslip to hand, and a complete schedule of costs, including today's costs.

Still nobody booked in for the claimant.

Coupon-mad

I doubt they will, they think they discontinued but it is so unreasonably late that you should have the floor to argue for your costs anyway - go for it, don't hold back!

If the Judge tries to deny you the £255 because you didn't update your DVLA address (if that was the reason for the CCJ) quickly disabuse him/her of the misconception that updating your DVLA car registered address would somehow have got through to the PPC. It would not, as they can only ever ask the DVLA just ONCE for a keeper's address, so any change is NOT something the PPC can get from the DVLA or blame the victim for moving.

The fault lies with the Claimant for failing to trace your address before filing the claim, as the Govt realised a couple of years ago, this is typical of the parking industry and a CCJ review was undertaken due to such scams:

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 government has today (23 December 2016) announced a crackdown on unresolved debts which can damage people’s credit ratings without them knowing. The action comes after concerns were raised that companies were issuing claims to consumers using incorrect addresses.

Ministers say that is unacceptable and will consult on ways to protect people from having their credit ratings affected despite being unaware of the claims made against them. They will also examine to what extent unscrupulous debt agencies have contributed to the problem.

The consultation will consider how the current system can be improved and reinforced to ensure that companies take all reasonable steps before they are able to apply to a court for a claim.

The consultation will look 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
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.

golfdriver

Success. £200 costs awarded by the judge as he considered their late discontinuance to be unreasonable. And that they could have done this after recieving my defence. The set aside fee could not be awarded as the order in that hearing stated "no order as to costs". He awarded my ordinary costs, plus £120ish for their unreasonable behaviour.

I struggled to get through my full list of what I considered to be unreasonable behaviour as he interjected with comments and led me off track a bit! He wasn't so interested in the facts of the case.

Not a bad result all in all and I'm £200 up on where I would have been had I accepted their "drop hands". Glad I attended today.

Coupon-mad

Yay - well done. :T

Shame about the £255, it annoys me that Judges make 'no order' for set aside costs just because the C doesn't turn up. How can that be fair?

golfdriver

Frustrating that they proceed to litigation with cases that they know are shaky. And frustrating that they are totally within their rights to delay for 27 months, and have no obligation to ensure they have the defendant's correct address. I just wish I'd been a bit more switched on during the set aside process and asked for costs to be reserved, but there's nothing that can be done now.

Still, a win is a win and I'm pleased.

Many thanks to all who have contributed to this thread and the many other threads on here which I read in preparing for this, and without which I'd never have had the guts to make it this far.