Smells Dodgy to me! UKPME UK Parking Management & Enforcement Ltd (UKPM/UKPE)

KeithP

You need to make up your mind.

In your opening post you just about mentioned getting a Judgment set aside.

Now you are telling us that you have paid the Judgment amount.


This is no longer anything to do with parking. Try LegalBeagles.

coffeeslothboy

KeithP wrote: »

You need to make up your mind.

In your opening post you just about mentioned getting a Judgment set aside.

Now you are telling us that you have paid the Judgment amount.


This is no longer anything to do with parking. Try LegalBeagles.

I shall use Legal Beagles, thank you for this information. Payment has been made to UKPME, however they have failed to inform the court that payment has been received and as such a default judgment has now been issued. As the defendant does not want this affecting their credit file, they have submitted an application to set aside the judgment as they are unable to obtain confirmation from UKPME that payment has been made and there is no guarantee that they will inform the court within 30 days from the judgment being received.


I shall use this thread to provide an update should I receive a response from IPC or UKPME in regards to them being a AOS as this may help in the future to someone else.

KeithP

Sorry, but that doesn't make sense.

the Process is:

1) you receive a Claim Form inviting you to Defend a Claim.

2) if you don't defend within the timescale given then a Default Judgment will be made.

3) if you pay the Claimant the full amount due and the court is informed of this within the timescale allowed by the court for payment, then the Judgment (CCJ) is removed from the records.

4) if the court are not informed, with proof, that the payment has been made then the CCJ remains on file.

5) if payment is made late then the CCJ remains on file for six years but is marked as satisfied.

Have you really submitted an application to set aside the Judgment?

Having paid the Judgment amount, a set aside by consent may have been possible.

coffeeslothboy

KeithP wrote: »

Sorry, but that doesn't make sense.

the Process is:

1) you receive a Claim Form inviting you to Defend a Claim.
payment was sent within the 14 days from when receiving the claim form and proof postage shows that the Postal Order was received at the UKPME registered office within this time scale.

2) if you don't defend within the timescale given then a Default Judgment will be made.

3) if you pay the Claimant the full amount due and the court is informed of this within the timescale allowed by the court for payment, then the Judgment (CCJ) is removed from the records.

4) if the court are not informed, with proof, that the payment has been made then the CCJ remains on file.
UKPME have failed to inform the court that payment has been received and they are not responding to any contact method. Having spoken to the court, they have stated that the claimant (UKPME) must provide confirmation that the payment has been received.

5) if payment is made late then the CCJ remains on file for six years but is marked as satisfied.

Have you really submitted an application to set aside the Judgment?
The application to set aside the judgment has been made on the terms that payment has been made to the claimant (UKPME) however they have failed to acknowledge this or notify the court of this. There is still no guarantee that within the next 30 days from when the default judgement was received that the claimant will inform the court that the payment has been made.

The application to set aside the judgment appeared to be the only option at the time as contact with UKPME is not possible, however i believe from the information that you have provided that we should be able to provide the court with proof that payment has been made using the proof of postage. We have not been able to find this method, if you could point me in the correct direction that would be greatly appreciated.

Coupon-mad

Have you paid a £255 court fee and filled in a N244 when you don't have to?

coffeeslothboy

Coupon-mad wrote: »

Have you paid a £255 court fee and filled in a N244 when you don't have to?

Yes we have. Sadly we have no experience in this area, hence why looking for advice from knowledgeable people like yourself.

The Default Court Judgment was received over a month after from when the County Court Claim Letter was received. We straight away contacted the court who stated that we need to obtain confirmation from the claimant that payment has been made in full.

After numerous attempts to contact them and no response, panic mode kicked in and as would couldn't receive confirmation that the claim had been made in full from the claimant we are under the impression that we have no other way to prove this ourselves. Unless we are wrong which I really am hoping is the case? We have proof of postage that the postal order has been signed for by UKPME's registered office, but are unsure as to how to send this information to the court to prove payment has been made. Are you able to outline this for us?

In panic mode, this is when we then filled an N244 and paid the court fee in hopes to get the judgement dismissed under the terms that 'the whole of the claim was satisfied before judgement was entered', 'the claimant has completely failed to engage with us thus forcing us to make the application' and finally I am unsure if this is even a point to mention, however If IPC do get back to me and state that UKPME was not an AOS member during the dates when the CNP was issued and details were obtained from the DVLA, I shall state that our details were obtained from the DVLA unlawfully.

Please any advice on this matter would be appreciated. We did spend time look through the forums, however could not see any information relating to when a claimant fails to respond. We will consult with a solicitor if needed but we are looking for the correct way to remove this CCJ as soon as possible.

Umkomaas

As your principal issue now is no longer about a parking ticket, you might want to try posting on the Legal Beagles forum, where many more legal-savvy posters offer advice.

An extra string to your bow.

nosferatu1001

Did you not inform the court, via the claim form, that you had paid? thats your first job. Fialing to read forms is bad.

coffeeslothboy

nosferatu1001 wrote: »

Did you not inform the court, via the claim form, that you had paid? thats your first job. Fialing to read forms is bad.

In the claim response pack it states 'if you admit all of the amount claimed and you want time to pay --- the admission form.'

Upon looking at the Admission form, under the 'where to send this form' section it states:

"If you admit to claim in full - send the completed form to the claimants address shown on the claim form as one to which documents should be sent'.

This is the exact process that we therefore followed, where payment and a document was sent to the claimant. We then expected the claimant to inform the court of the received payment and document, but they have not done this and we cannot get in contact with them to chase this.

No where on the admission form does it state that a copy should be sent to the court if you admit the claim in full. Hence why we are still in this position and a Default Judgment was actioned.

I have subsequently now written to the court providing all proof of Postal Order and document being signed for at UKPME's registered address and I hope that this will be sufficient information for the judgement to be set aside.

Umkomaas

I have subsequently now written to the court providing all proof of Postal Order and document being signed for at UKPME's registered address and I hope that this will be sufficient information for the judgement to be set aside.

You won't get your £255 set-aside fee back, even if you achieve the set-aside, unless you can persuade the court to order the claimant to do that. What you've paid for is a 'service' from the court, whether or not a set-aside is granted, and the court will duly deliver the 'service'.

But, in any case, a set-aside may not be the correct vehicle for this as no 'judgment' has been made, you 'admitted' the charge and paid it. That's why I'm recommending you go to Legal Beagles for advice.