CCJ Set aside - private car park

daffodil2019

Hi,

I'm so sorry if I'm repeating a thread. I've been looking through lots of posts and brilliant advice and was hoping to get some more personalised advise. I'm aware you're going to tell me I've made lots of silly decisions so far!

I received my monthly update from my Credit Rating app and it said I have a CCJ. I live in a block of flats and have a permit for a residents and visitors parking space. I have a space on my deeds but they are not individually allocated. PPM manage the car park and are a nightmare as you know.

Anyway, I received a letter about a ticket that had gone up to £160 to my flat and that they would take me to court if I didn't respond. I didn't respond and heard nothing more from them. Until I saw the CCJ. They sent all further correspondence (from Gladstones and then DCBL (I think) a debt collection company, to my old address. So obviously I was unable to respond. I immediately applied to set aside and my court hearing is next week. Having read threads on here I think I said the wrong thing in my defence on the form! What should I say in court? Help! Thanks!

onlyfoolsandparking

No need to be sorry:) its not easy fighting scammers BUT it is doable.
I'm not one of the experts on here but what I can tell you is you will need to help them help you starting with posting your defence here (suitably redacted) and let the experts critique it and maybe fine tune it to perfection (if its not too late)


At the very least you got your set aside (or did you? your post is a little confusing), that's not always a given, now time to fightback, good luck.

Coupon-mad

I immediately applied to set aside and my court hearing is next week. I think I said the wrong thing in my defence on the form! What should I say in court?

Answered yesterday:

https://forums.moneysavingexpert.com/discussion/comment/75636401#Comment_75636401

The search took less than a tenth of a second!

daffodil2019

Hello, yes I'd read these but because in my initial set aside application I admitted to receiving the fine and their letter threatening court (at my current address) and because I do have a space in the car park in my deeds, I thought it was slightly different... After warning me about court action, they then sent all the correspondence to my old address and issued the CCJ there. I don't have the set aside, that is what the hearing is about on Weds. Bit worried I'm too late to get any relevant evidence.

Redx

if they had your new address then they should have deleted the old address and used the new address, because you were there to be found and easily found

ie:- if they had your new address they had no right to send the paperwork to your old address, this is why you are asking for the set aside, so you can fight the pcn in court as if they had not used the old address, but used the new and correct address

the idea of the set aside is to enable you to fight them in court, which they denied you by using the old address when they already had the new one

at least that is my understanding of the situation , which if it is, is your main argument for the set aside to be granted by the judge

twhitehousescat

if only one letter was received at new address , that could have been via a trace , did you reply and accept that they had written to correct address , if not then they could likely think that trace was wrong and revert to last KNOWN address

daffodil2019

Yes, that was my thinking. I was just worried the judge would question me ignoring their previous correspondence.

daffodil2019

The debt collectors that then contacted me used my new address... Need to check when they were dated...

twhitehousescat

daffodil2019 wrote: »

Yes, that was my thinking. I was just worried the judge would question me ignoring their previous correspondence.

quite probably

Redx

if the debt collectors used TRACE to find the new address, then you were there to be found and the PPC + GLADRAGS should have used it, regardless , which is your reply to the judge

which PPC was it ? - PPM ?

D_P_Dance

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.