Double CCJ discovered...

parkingplonker

Hello everyone, I'd firstly like to just say thank you to this forum and community of people giving up their time and expertise just to help others (like me!) who have found themselves in a bit of bother. I hope i am not breaking any rules by posting a new thread.

I have read a lot of the newbies threads over the last few days and after going through all of the emotions of panic, stress and fear- I am now determined to stay in a positive mindset and tackle my issue with optimism! I will try and keep my situation as brief as possible until I get some more advice from here fingers crossed.

I basically discovered a had a ccj against me after doing a credit score check back in April as I was getting refused for credit cards, which was strange as I had a very good credit rating. After panicking I briefly read some advice about contacting the issuing court in regard to who issued the ccj. It turned out to be from millennium door and event security over a pcn issued in December 2016 that I knew nothing about. The court emailed me these particulars and since then I have stupidly played dumb and ignored it.

This week I have received a letter from bw legal acting on behalf of millennium , after gladstones were (apparently) previously instructed by the client . But this is regarding ANOTHER ccj issued in February 2017 (approx 2 months after the other ccj was issued). This is honestly the first ever correspondence I have received from anyone regarding these issues. I haven't moved address for over 8 years or so, so there is no reason why I shouldn't have received any correspondence.

Anyway, receiving his second ccj has kicked me into action and I am now looking at fighting them both. So after reading through these forums and threads I have come up with what I think is the correct action plan to start dealing with getting them set aside.

I am basically looking for help, advice, someone to hold my hand through this process please! I understand I need to do the work myself and I'm willing to do that, I just need guiding in the right direction through the whole process.

My plan of action as I understand is to firstly
1) email the firms dpo and ask for a SAR
2) Fill out the set aside form and all relevant data to satisfy the courts ASAP

My main reasons for wanting it set aside are that I didn't know anything about the charges and that they cannot be sure I was the driver, only the registered keeper.

Thanks in advance for any replies and guidance.

parkingplonker

Here is a copy of my SAR, ready to email to the dpo of millennium. Can anybody tell me if it is suitable before i send please? Thanks!

Dear Sir or Madam
Subject access request (Data Protection Act 2018 / General Data Protection Regulations (GDPR))

(name and address)

I am writing to you to request you please supply the data about me that I am entitled to under data protection law relating to myself and more specifically a list of all PCNs you consider are outstanding against myself and/or the vehicle registration number (VRN) of xxxxxxx and xxxxxxx. Please may I politely remind you that any claim must be for all PCNs in one claim, not several separate claims.

As a minimum, I am requesting from you;

- All photos taken
- All letters/emails sent and received, including any appeal correspondence
- If the car park was Pay and Display
- A PDT machine record from that day, of payments made
- All data held, all evidence and a full copy of the PCN and NTK

I believe that you already have more than a reasonable amount of data on me to confirm my identity, but If you need any more data from me to confirm my identity please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.
Yours faithfully

Fruitcake

I can't help with the set aside other than to tell you it will cost £255, although I don't know if that will cover both or whether you will have to pay that amount twice to cover both CCJs.

Were/are the details on your V5 up to date? If not then that is why you didn't receive anything. The scammers get keeper details from the DVLA and are only required to do this once, so if you move/have moved and not updated the V5 they will only have details of a previous address.

For the SAR, you do need to send proof of ID. Normally we advise you to send a copy of the V5, but if the details are wrong than a redacted utility bill or bank/card statement will do.
Do not send photo' ID. The ICO has said asking for that is unreasonable as they have nothing to compare it to.

As for the SAR request, they only have to provide you with data they hols about you. They may tell you if it is a P & D car park, or they may not just out of site.
They are not obliged to provide the P & D machine records of payments made except any containing your VRN.

The_Deep

I find it strange that, although OP has not moved house for eight years, he/she had not received any documentation. Either he/she failed to keep vehicle details up to date or DLVA fubarred.

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Umkomaas

I basically discovered a had a ccj against me after doing a credit score check back in April as I was getting refused for credit cards

Courts expect a set aside application to be made as soon as possible after discovering the CCJ (generally within a couple of weeks or so), so ‘back in April’ could well prove a difficulty for you.

The new one is in better territory in time terms.

As I understand it, it’s £255 per individual set aside application. Whether it’s worth applying for the first one, which will cost £255, only for it to be turned down by the court might be a waste of money. But of course, having that on your record trashes your credit rating, regardless of whether you get the second set aside.

I think you need advice from a forum with debt-related focus (there is one on MSE), or even professional advice, as while the root of your problem might have been private parking charges, where you’re at now is much different to dealing with the tickets (our forte).

twhitehousescat

millenium long gone from aos

Umkomaas

twhitehousescat wrote: »

millenium long gone from aos

Swallowed by bouncy Kev’s Alliance Parking, I understand. But of no significance for the OP.

parkingplonker

Umkomaas wrote: »

Courts expect a set aside application to be made as soon as possible after discovering the CCJ (generally within a couple of weeks or so), so ‘back in April’ could well prove a difficulty for you.

Yes, this is my worry too. My only reason for this was complete panic as I still hadn't received any correspondence from the ppn issuer, a legal firm representing them, or the courts at this point. I'm very sceptical when it comes to these things and part of me believed it was a scam, hence my stupidity of burying my head in the sand.

Now that I have received a letter from bw legal regarding the second ccj (which didn't show at the time of my credit score check in April, and still isn't showing on it now) I have taken it upon myself to search this forum and educate myself.

The letter from bw legal states that they have taken over the case from gladstones. So my understanding is that gladstones were the ones that had previously tried, and failed to contact me. Now that bw legal have the case, I straightaway receive correspondence from them. So..... were gladstones sending it to a wrong address/different street/number??

My house was a shared house at the time these pcn's were issued, there is the possibility that mail could have got mixed up or taken etc at this time- it was common for me to not receive mail supposedly sent at this time due to this.

I understand I will have to pay £255 x 2 for the separate cases, I am willing to do that as long as the guidance I get from this forum advices me to do so if they believe I have a strong enough case. If not, then maybe you are correct and I wouldn't be better off just pursuing the later one I have just discovered.

twhitehousescat

second ccj , have you checked with trust online

Umkomaas

The letter from bw legal states that they have taken over the case from gladstones. So my understanding is that gladstones were the ones that had previously tried, and failed to contact me. Now that bw legal have the case, I straightaway receive correspondence from them.

Can you confirm that a county court judgment has been made against you for the second parking event, or are BWL starting the process of issuing court proceedings to recover the basic parking charge (£100 + add ons) of the second event?

parkingplonker

No I havent checked with trust online, I have been a bit worried about checking up on it be honest. Should I do that straight away?

The letter from bw legal states that "on 07 February 2017 our client obtained a county court judgement against you under number xxxxxxxx"

So I'm assuming that it is a ccj already issued and not just a request of payment from them for the basic parking charge plus costs?