UKPCM CCJ in absence August 2019

SRP1988

henrik777 wrote: »

Quite often parking companies use the dates of issuing tickets rather than date of event.

Will the court give them opportunity to change the dates?

I'm hoping not as the 3 PCN's in 1 day are unlawful according to their own signage which states 'you will be liable for additional parking charged in each and any subsequent 24 hour period'

I feel like i'm going in blind here as have limited and conflicting information.
Getting there with the WS now just think i'm rushing it because I need to get it in ASAP.

I think i'm getting too bogged down with the address stuff and should be more concentrating on a defence for parking in the restricted area?

[Deleted User]

Ok, as I see it, if the address looked plausibly correct and it was the address on the v5c you’re unlikely to persuade a court that the defendant failed to properly serve proceedings.

If that is correct, you then need to argue why it should be set aside and to show that you’ve a decent chance of defending it.

If the claim form says they’re after you for PCNs issued on the 20, 21, 21 and 21 when they mean 10, 11, 12 and 13 that is their look out. You can and should only defend the case argued against you in the section marked “particulars of claim” - what they say on the phone is irrelevant.

If they want to amend their pleaded case that requires a court application.

If the particulars really say 3 breaches of contract in one day, based on the term you highlight that ought to be good reason for asserting that at least some of the claim is defensible, probably a substantial part, if not all of it.

SRP1988

Got lucky last week - had a response from the DVLA saying there has been a keying error. The details I gave on the new keeper form was correct, and due to their mistake my v5 address was incorrect. Filed this letter with the court and Gladstone’s.

So I had my set aside hearing yesterday. Judge took a while reading through everything. Asked the solicitor to put forward his reasons for contesting the application, which was quite amusing as he stated I had plainly ignored what he called a ‘fixed penalty notice’ on my vehicle and because of this the fact that proceedings were not served to my correct address was irrelevant. Judge got annoyed and said that clearly CPR 9 was not met therefore he is making the order to set aside. Solicitor made a hrmmph noise :rotfl:

All in all a great result. Will wait and see if they make another claim now.

Thanks all for your really helpful advice!

Le_Kirk

Do you still have to defend the original claim?

[Deleted User]

Great news. That letter was obviously gold - established that you'd never receive the claim and no error on your part.

Unless directions were given that the claim is live and a defence should be filed (and in this case I don't think that's the correct course because an unserved claim form expires) C will have to start again, with new proceedings served to the correct address. Nothing to stop them doing that as the substance of the claim have never been adjudicated.

Obviously the set aside judgment is essential to cleaning up your credit file, so follow that through, too.

Umkomaas

quite amusing as he stated I had plainly ignored what he called a ‘fixed penalty notice’ on my vehicle

Ouch! Exposed his unsuitability to deal with the case. I hope PCM UK enjoy settling his invoice. Perhaps Gs will be willing to cover it - I guess they appointed the goon!

SRP1988

The court said they will be reissuing a claim form to my current address and double checked with me they had the correct details. Its now early Jan and I haven't received anything other than confirmation of my set aside judgement. Should I be worried or is it a possibility UKPCM/Gladstones have decided not to pursue the matter?

Coupon-mad

In the confirmation of your set aside judgment, does the Judge set out timings about what the Claimant has to do and by when, regarding pursuing this claim, and does the Judge state that your costs are 'reserved' (i.e. that you can reclaim them at the main hearing when the actual claim is heard?).

SRP1988

Coupon-mad wrote: »

In the confirmation of your set aside judgment, does the Judge set out timings about what the Claimant has to do and by when, regarding pursuing this claim, and does the Judge state that your costs are 'reserved' (i.e. that you can reclaim them at the main hearing when the actual claim is heard?).

Don't have the order with me as I'm at work but it says something like:

1. Judgement be set aside
2. Court to re- serve claim at current address
3. Costs be reserved

There was no timings at all which I thought was strange:undecided

ashley_cohen

Recently had a Set-Aside like that, for a completely different type of claim (Employment DPA Breach).

If the Claimant doesn't re-file the claim within six months, then then CPR's say it is automatically stayed, and there's a fee to reinstate.