CCJ Set aside - private car park

KeithP

Redx wrote: »

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.

But only if the OP replied to that letter from Trace.

If the OP ignored the Trace letter, and it looks like they did, then Trace and their client could reasonably assume that had not found their victim's true address.

Coupon-mad

daffodil2019 wrote: »

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

Yes, but it's answerable very easily:

''I have (or had, if you've since moved) the right to park in a space, set out in my deeds (take proof with you) and this firm are causing abject misery to all the residents. Complaints were flying into the Managing Agents around this time, and residents are firm in their belief of our primacy of contract; PPM are causing a private nuisance and interfering with our rights at our own home.

The parking firm's aggressive letters, then debt collector demands, bore all the hallmarks of a scam and when they began sending the more recent letters to my current address I didn't think for one minute that the Claimant would then revert to my old address, knowingly, for an actual claim behind my back to force me into this situation.

All too common for parking firms who were singled out by the Government for exactly this predatory conduct in obtaining CCJs at old addresses, often when they know the new one'':

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

http://parking-prankster.blogspot.com/2016/12/government-announce-ccj-review-due-to.html

Take that with you too (parking firms caused that change, this is such a rife scam) along with everything else show in those 3 threads I showed you that spell out what you Judge will want to be satisfied about. Be really familiar with what they will want to know, and what to take.

And push it further - ask for the CCJ £255 fee (if you paid it) to be ordered to be refunded by the Claimant. You need to be able to robustly explain your stance and turn the conversation more to how the CLAIMANT failed, not you.

daffodil2019

Ooh love it, thank you! That all sounds very good. Thanks so much for your help.

daffodil2019

Yes. They really are a nightmare. The worst thing is I think it's another tenant that reports other residents as there are tickets in the middle of the night etc!

daffodil2019

When I applied for the Set Aside I completed the box with my statement (not very well according to all the threads I have now read). Should I email with my new argument and evidence or wait until I get to court and say it all then?

Coupon-mad

Unusually, a set aside hearing relies mostly upon what you turn up with. No need to file things in advance, just be ready for the questions. I've shown you links telling you what the Judge will need to be satisfied about on the day.

Just take it all with you. This is not about a defence; it's about setting the CCJ aside.

daffodil2019

Ok, great, have found lots of useful information so will personalise it and get prepared. Thanks very much! Will let you know how I get on.