CCJ for a PCN from UKCPS Ltd

DTLSB

I’ve read the newbies post and a lot of other posts but still have questions so would like to ask for your help on this thread please.

My partner has discovered he has a CCJ from UKCPS Ltd for an unpaid parking fine. The alleged incident was in May 2014 and the CCJ is dated Oct 2014. We only just found out through a credit search as the CCJ wasn’t showing up on our monthly Experian credit reports, it was only on Equifax. We’ve contacted the court and got the particulars of claim.

We’re trying to decide whether we have grounds to ask for the CCJ to be set aside. My partner recalls getting a letter about a PCN but ignored and binned it, so I don’t have any details from that. We moved house in Oct 2014, but the new tenants are friends of ours and passed on all the post so we know we’ve not received any other letters in relation to the issue.

I’m not clear whether the NTK would have been POFA compliant as it does mention POFA. The particulars of claim read:

CLAIM AGAINST XXXX FOR OUTSTANDING PARKING CHARGE ISSUED TO VEHICLE XXXX ON LAND NAMED XXXX THIS LAND IS MANAGED BY UKCPS LTD AND VEHICLES PARKED AT THE SITE ARE SUBJECT TO PARKING RESTRICTIONS WHICH ARE SET OUT ON SIGNS AT THE SITE AND FORM A CONTRACT BETWEEN THE DRIVER OF THE VEHICLE AND UKCPS LTD. XXXX OR A DRIVER PARKED THE VEHICLE ON XXXX @ XXXX WITHOUT A VALID PERMIT OR AUTHORITY. OR THE KEEPER WHO MAY HAVE BEEN THE DRIVER OR ALTERNATIVELY HAS CHOSEN NOT TO NAME THE DRIVER AND IS THEREFORE RESPONSIBLE FOR PAYMENT AS REQUIRED UNDER SCHEDULE 4 OF THE PROTECTION OF FREEDOM ACT 2012 BY PARKING ON THIS LAND A DRIVER CONTRACTUALLY AGREES TO PAY A CHARGE OF £100 FOR USE OF THE SPACE. THE AMOUNT REMAINS UNPAID AND STANDS AT £150 INCLUDING COSTS INCURRED IN COLLECTION.

Can anyone offer any advice about whether an application to set aside would be successful, and what defence we could use? Or any other next steps we should take?

It has occurred to us that we could wait 18 months for the CCJ to drop off the credit record, but we were hoping to apply for a mortgage this year.

Thanks in advance.

Le_Kirk

No one can crystal ball gaze and tell you if your application may succeed. It depends upon the strength of your witness statement supporting your application. Go to the NEWBIE section post # 2 (one click back, third post down) and read all about set asides. Use the forum search function for six-point order. You should find several but here is one. Obviously change the name of the PPC to suit your situation.

Coupon-mad

We’re trying to decide whether we have grounds to ask for the CCJ to be set aside.

Sounds like it, if you only just found out and had moved.

See all the set aside 6 point order threads you find when you search for those words. And check if you qualify for help with court fees to avoid the £255 fee, it's based on income grounds and many people do (I would qualify myself).

DTLSB

I wasn’t sure because even though we moved, we were still at that address between when the alleged incident happened and when the CCJ was granted. I don’t understand why we didn’t receive any post about it, or even what post we should have had after the first letter.

DTLSB

From reading other posts, my understanding is that to have a chance of set aside we would need to be able to defend the original claim. I have very little to go on, and am assuming I can’t argue that they sent claim documents to the wrong address as the POC shows our address at the time, even though we didn’t receive anything.

I also assume I can’t argue non-compliance with POFA as the POC does mention it, but I don’t have access to the original PCN documents to see what they say. And I could do a SAR but that would take up to a month.

Am I getting this wrong?

Coupon-mad

Do a SAR tonight - NOW - by email to their Data Protection email (see their privacy page, yes, they have one) so you get it back during April which will be well before the hearing for your set aside.

The N244, WS and Draft Order go together with the £255 fee to your local court now, but NOT a defence. You can then see what comes of the SAR to help you satisfy the Judge at the set aside hearing, that you have reasonable prospects of success.

With UKCPS, their wordy signs are usually well worth attacking, these reports from 2014 show you how rubbish their signs were around that time when they were in the BPA:

http://parking-prankster.blogspot.com/2014/07/ukcps-claim-dismissed-judge-rules_14.html

http://parking-prankster.blogspot.com/2014/07/ukcps-claim-dismissed-judge-rules.html

... so that will give you grounds for defence in itself, plus the fact that if they are saying the car was unauthorised then only the landowner could sue for any damages for trespass and there cannot have been a contract offered. The very idea of offering a licence to allow 'unauthorised' trespassers to park at a price, contrary to the intentions of the landowner, is absurd, especially given the gibberish on UKCPS' signs, that did nothing of the sort.

...plus the fact that PPCs cannot add fifty quid 'costs for collection' as there were no such costs incurred and the parking charge itself, being £100, more than covers a large profit over and above the costs of a template letter parking regime. As per the ParkingEye v Beavis case, where only £85 was sought and the Supreme Court remarked that a PPC could not seek monies in damages, and that the parking charge was already mostly profit.

So there can be no ''loss'' or damages! No 'costs' over and above the huge profit.

You can also say that the fact that the DVLA confirmed that UKCPS have 'form' for 'ghost ticketing' over the years, suggests why you had no idea about the PCN:

http://parking-prankster.blogspot.com/2017/06/ukcps-were-banned-for-ghost-ticketing.html

Also, in defence you can say that in May 2014, UKCPS were in the BPA (they joined the IPC for an easier appeals system, on 18/11/2014) and at the time, UKCPS did not use the POFA wording and so any Notice to Keeper (wherever it was posted) was unlikely to have been capable of establishing keeper liability (i.e. transferring the charge to the keeper from the driver).

As it was 5 years ago, a keeper who was unaware of any PCN and recalls no letters about it, can surely have no idea who was driving because more than one person was using the car at the time.

Thus, the right to keeper liability will only 'pass' if UKCPS did comply with the POFA in terms of the NTK and adequate notice of the parking charge in signage - and you firmly believe that in 2014 they failed on both points, as well as failing to establish any legitimate interest, 'relevant contract' or 'relevant obligation'.

All of the above give you a solid foundation to argue you are not liable at all for the PCN.

However, the main thing the Judge will want to know it that you didn't ignore a claim form, never received it and had no fair opportunity to defend, but acted quickly when you finally found out.

I expect your car was registered to an old address? Your error - put it right with the DVLA if you still own that car, or you will get a real fine!

DTLSB

Thank for your guidance, I have a draft WS for comments:

I am XXXX, of XXXX, and I am the Defendant in this matter. This is my supporting Statement in support of my application dated XXXX to set aside the Default Judgement dated XXXX.
Order for Default Judgement to be Set-Aside.

1. I understand that the Claimant obtained a Default Judgement against me as the Defendant in October 2014. I am aware that the Claimant is UKCPS Ltd and that the claim is in respect of an unpaid Parking Charge from the XXXX at XXXX hours on land named XXXX.

2. I was not aware of the Default Judgement XXXX until XXXX when I performed a check on my Equifax credit file. On XXXX I contacted Northampton County Court to find out details of the Default Judgement. On XXXX I received a response from Northampton County Court notifying me of the Claimant and providing the Particulars of Claim.

3. I understand that this Claim was served at an old address (XXXX). I moved to a new address in October 2014 and was therefore present at that address for the period between the alleged incident and the date of the Judgement.

4. Notwithstanding paragraph 3 above, the new occupants of my old address (XXXX) are long-standing personal friends and contacted me whenever I received any mail at that address. They did not receive any documentation from the Claimant at that address.

5. I have never received the Claim Form from the Claimant in this matter and I thus was never able to properly challenge the Claimant’s claim.

6. According to publicly available information the Claimant has past form for ‘ghost ticketing’ and I attach at Document 1 a copy of Freedom of Information Request 5716 in which the DVLA confirm that UKCPS Ltd were temporarily suspended from the IPC between 13/10/2016 and 20/12/2016 for ghost ticketing.

7. Considering the above I was unable to defend this claim. I thus believe that the Default Judgement against me was issued incorrectly and thus should be set aside.

Statement of Truth
I, XXXX, the Defendant, believe the facts stated within this Witness Statement to be true.

Coupon-mad

Add to this:

6. According to publicly available information the Claimant has past form for ‘ghost ticketing’ and I attach at Document 1 a copy of Freedom of Information Request 5716 in which the DVLA confirm that UKCPS Ltd were temporarily suspended from the IPC between 13/10/2016 and 20/12/2016 for ghost ticketing. This may explain why neither the unidentified driver nor myself, as the vehicle's keeper, knew anything about this alleged 'parking charge' at the time, or since.

Also you need your 6 point Draft Order as well, like all the other set aside threads.

twhitehousescat

what address was on the copy of the court papers you asked for , the actual (is in) N1 form the one that the court posted out to you (or not)

D_P_Dance

From reading other posts, my understanding is that to have a chance of set aside we would need to be able to defend the original claim.

Why, had you have received the original PCN all those years ago you cold have paid it or appealed it. It is not your fault that it was sent, if it was indeed sent, to the wrong address. From what you have told us, it seems that nothing was ever sent. This is clearly a sam, complain to your MP.

Complain to your MP. On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

DTLSB

I have a draft 6 point order here too:

IT IS ORDERED THAT:
Upon reading the Defendant's application dated 27/03/2019.

It is ordered that:

1. The default judgment dated XXXX/2014 be set aside.

2. Costs to be reserved.

3. Unless the Claimant serves a copy of the claim form on the Defendant by 4pm on XX/XX/XX paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm on XX/XX/XXXX.

5. Should the Claimant discontinue the Claim after the CCJ is set aside, paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 plus the Defendant's costs for attending the hearing.

6. All enforcement be put on hold pending the outcome of the application.