UKPCM CCJ in absence August 2019

SRP1988

Hi all,

Have read the newbies post and been looking at lots of similar cases on the forum and was hoping for some assistance as I have no idea what I am doing.

Yesterday, I found out a CCJ has been made in my absence by way of an email notification about a change on my credit report.

The date on the CCJ is 16/08/19.

I have received no correspondence regarding this and have had no contact with the claimant at all.

I think the claimant is UKPCM as they managed the underground gated key fob entry residents car park at my previous address and I remember receiving a few tickets earlier on in the year. I recall these were for parking in a restricted area of the car park (someone else was parked in my allocated space) and without my vehicle displaying a permit. The CCBC told me it’s for 4 breaches of contract, one on 19th Jan 19 & three on the 21st Jan 19.

I moved in April 2019 and have been collecting my post from my old address, however some of my post has been missing/opened (outside insecure mail box)

I would like to apply to set aside the CCJ as I want the chance to try and defend this.

I appreciate from reading other threads it may not look favourable on me that I have not updated my v5 with my current address details (which I have now done today!) Being honest this is poor admin on my part, life was a bit hectic at the time. Do I still have a chance at getting a set aside?

If I hadn’t of read the advice on here yesterday I would have been ringing up to pay the CCJ. Like everyone else, I cannot afford to have this affecting my credit as want to apply for a mortgage within the next couple of years. Having a CCJ will pretty much ruin my life.

So far I have;

1. Found out about the CCJ - this is for £816 (4 tickets)
2. Rung the CCBC who have sent me an N244 form to apply for the set aside.

My questions are:

1. What do I need to include with the N244 form - from the forums I have seen some kind of draft order and a WS.

2. Should I contact UKPCM and make a SAR as I have no details of the alleged ‘offence’

3. Do I have to inform UKPCM that I am applying for a set aside or seek permission from them in anyway?

I apologise if this is advice given and questions previously answered on other threads - I spent a few hours reading these last night and it seems I have confused myself and now panicking - this is really very stressful :eek:.
Any help would be greatly appreciated

Thankyou in advance
S

Le_Kirk

Search the forum, Advanced Search, six-point draft order as your keyword(s) using user name Coupon-mad (she's written loads of posts about the draft order, change the radio button from threads to posts. You will also need a witness statement (covered in NEWBIE sticky post # 2) and later a defence for the original parking infringement (alleged)!

henrik777

SRP1988 wrote: »

Hi all,

Have read the newbies post and been looking at lots of similar cases on the forum and was hoping for some assistance as I have no idea what I am doing.

Yesterday, I found out a CCJ has been made in my absence by way of an email notification about a change on my credit report.

The date on the CCJ is 16/08/19.

I have received no correspondence regarding this and have had no contact with the claimant at all.

I think the claimant is UKPCM as they managed the underground gated key fob entry residents car park at my previous address and I remember receiving a few tickets earlier on in the year. I recall these were for parking in a restricted area of the car park (someone else was parked in my allocated space) and without my vehicle displaying a permit. The CCBC told me it’s for 4 breaches of contract, one on 19th Jan 19 & three on the 21st Jan 19.

I moved in April 2019 and have been collecting my post from my old address, however some of my post has been missing/opened (outside insecure mail box)

I would like to apply to set aside the CCJ as I want the chance to try and defend this.

I appreciate from reading other threads it may not look favourable on me that I have not updated my v5 with my current address details (which I have now done today!) Being honest this is poor admin on my part, life was a bit hectic at the time. Do I still have a chance at getting a set aside?

If I hadn’t of read the advice on here yesterday I would have been ringing up to pay the CCJ. Like everyone else, I cannot afford to have this affecting my credit as want to apply for a mortgage within the next couple of years. Having a CCJ will pretty much ruin my life.

So far I have;

1. Found out about the CCJ - this is for £816 (4 tickets)
2. Rung the CCBC who have sent me an N244 form to apply for the set aside.

My questions are:

1. What do I need to include with the N244 form - from the forums I have seen some kind of draft order and a WS.

2. Should I contact UKPCM and make a SAR as I have no details of the alleged ‘offence’

3. Do I have to inform UKPCM that I am applying for a set aside or seek permission from them in anyway?

I apologise if this is advice given and questions previously answered on other threads - I spent a few hours reading these last night and it seems I have confused myself and now panicking - this is really very stressful :eek:.
Any help would be greatly appreciated

Thankyou in advance
S

First things first, where did they attempt to serve the claim form ?

The_Deep

Incredible, complain to your landlord or Managing Agent. PPCs are not there to inconvenience residents. Also, complain to your MP as nine times out of ten these tickets are scams. This one most definitely is.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

How to deal with CCJs is contained in the stickies/FAQs.

Coupon-mad

I appreciate from reading other threads it may not look favourable on me that I have not updated my v5 with my current address details (which I have now done today!) Being honest this is poor admin on my part, life was a bit hectic at the time. Do I still have a chance at getting a set aside?

Even if you had, UKCPM would not have ever been notified by the DVLA anyway and they are not allowed to ask a second time for any new address. So your slight delay in updating your V5C has not caused this mess. UKCPM caused it.

How can they say you had 3 PCNs on the same day, what utter scammers?! Absolute pond life, should be banned from existing as a company IMHO.

[Deleted User]

Service was completed in accordance with the court rules. Since the o/p is (in part or in whole) responsible for the failure to notify a current address - which is a legal requirement - best major on why the case can be defended, now it's known about.

In order to set aside there is a need

1. To act promptly

2. To demonstrate that the prospects of successful defence are more than false fanciful or imaginary (there's lots on here and Google about that)

The merits of an application are case specific, so only you can determine that.

If you really have 3 charges on the same date, try and visit or Google earth. AFAIK ukcpm signs normally provide for a charge each 24 hrs even were it enforceable.

Probably best lodge a draft defence with the application in my view, just because it shows how strong your arguments may be.

henrik777

Johnersh wrote: »

Service was completed in accordance with the court rules. Since the o/p is (in part or in whole) responsible for the failure to notify a current address - which is a legal requirement - best major on why the case can be defended, now it's known about.

Parking firms only get the information from DVLA once, and are only allowed to do so once. Had the OP changed the address immediately it would have made no difference.

Whilst they MAY, and i stress MAY, have served correctly, i'm not sure they have. I'd certainly be asking what steps they took to check the address was current or if they simply used it as the last known address without performing the basic steps required in CPR 9.


http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9


Nature of defendant to be served
Place of service
1. Individual Usual or last known residence.



(3) Where a claimant has reason to believe that the address of the defendant referred to in entries 1, 2 or 3 in the table in paragraph (2) is an address at which the defendant no longer resides or carries on business, the claimant must take reasonable steps to ascertain the address of the defendant’s current residence or place of business (‘current address’).


It is certainly at least arguable, that if all previous correspondence elicited no reply, that they might not reside there any more. The likelihood is even greater if the property is rented as i suspect may be the case here.



Given the mandatory nature of cpr 13.2 and the fact an application under 13.3 is likely to be made anyway, i can't see why you wouldn't try 13.2 with 13.3 as a backup.

The_Deep

Since the o/p is (in part or in whole) responsible for the failure to notify a current address

I agree with Henrik.

Do we know that for certain? Surely that is a matter for the judge to decide. What we appear to know is that court papers were served on an address obtained by the PPC before OP moved.

[Deleted User]

Ok so let me explain the rationale here as to why I say valid service was effected. NB - That is NOT the same as saying that the order should not be set aside, but simply to point out that this is not a case where the PPC has manifestly failed to comply with the requirements of the CPR. And I don't stick up for PPCs that often!

The V5C is the document that establishes who the Registered Keeper (RK) of a vehicle is and the address of the RK. It is an offence not to keep that information up to date.

The o/p says:

I have not updated my v5 with my current address details (which I have now done today!) Being honest this is poor admin on my part, life was a bit hectic at the time.

So, in answer to The Deep we do know as a matter of fact, based on the o/p's own comments that (irrespective of when the PPC did, in fact, apply for the details) the given service address upon the RK for information about the vehicle was an old address. Indeed that remained the case until, approximately, 22/08/2019.

Had the OP changed the address immediately it would have made no difference.

Possibly not, in terms of issue of the claim form. However, had the o/p done so, he would at least be able to state in his witness evidence that by the time the claim was issued it was no longer the registered address for the vehicle. That in turn may make it more difficult, but not impossible, to run the arguments that @Henrik777 suggests - namely that it is mandatory to set aside.

Put simply it is harder to assert the PPC were wrong to use the address they did, when they issued proceedings relatively promptly (within 6 months) and, even looked at retrospectively, all of the documentation refers to a vehicle at the address that was used for service. The police would have issued statutory notices to that address also, for example.

I'd certainly be asking what steps they took to check the address was current or if they simply used it as the last known address without performing the basic steps required in CPR 6.9.

A last known address is good for service - but only until there is good reason to believe it is no longer valid, I agree. My point is that I am not sure this threshold is yet met - this isn't a case where the proceedings were issued years later. Nevertheless, I would concede it can be argued (most things can). It's by no means a cert. In my view the balance is with the PPC. It is not unreasonable to assume the o/p was simply ignoring correspondence (like the PCN itself) rather than having moved.

Given the mandatory nature of cpr 13.2 and the fact an application under 13.3 is likely to be made anyway, i can't see why you wouldn't try 13.2 with 13.3 as a backup.

This is certainly open to the o/p. I may be wrong, in which case, the o/p is on a surer footing. If it were me, I'd be prepared to argue the merits, because I don't think this is a mandatory set aside.

In conclusion...
I do think the o/p will have good arguments to raise in relation to a set aside as to why the claim is defensible (which is the basis on which I believe the court will consider the application). Even if the DJ is unconvinced in relation to an argument on the PCN, all of the additional costs need to be struck out as bolt ons that are an abuse and which have no basis in the contract they claim. That of and by itself means that the judgment for the amount claimed is unsafe.

SRP1988

Le_Kirk wrote: »

Search the forum, Advanced Search, six-point draft order as your keyword(s) using user name Coupon-mad (she's written loads of posts about the draft order, change the radio button from threads to posts. You will also need a witness statement (covered in NEWBIE sticky post # 2) and later a defence for the original parking infringement (alleged)!

Thankyou! I will be doing this today as want to get the draft order and WS together by the end of the weekend.

SRP1988

henrik777 wrote: »

First things first, where did they attempt to serve the claim form ?

I believe this to be my old address presumably. I have been collecting my post from my neighbour, although some seems to be missing (and a few items opened by an unknown party and left in the mailbox!)