Default CCJ - Private Residential Parking - Gladstones

nosferatu1001

1) Erm, in their AST. Just look for anything to do with parking, use of communal aras, etc. Impossible for us to guess.

2) They cannot fob off to a solicitor. Cannot. Its THEIR job to do this. Have you submitted to their data protection officer? Remind them that, unless they resopind within 30 days you will sue them for failure to comply with the DPA. It is not sufficient for the data controller to fob you off.

3) What about change of V5? I doubt you have confirmaton from the DVLA yet.

Coupon-mad

Sorry to be a nuisance but could anyone offer me any suggestions on what angle to take when/ if it comes to a hearing?

Yes, your hearing is not about the signs, it's about getting the CCJ set aside and proving that you had moved and that the PPC made no attempt to find you before filing a claim to an address that they knew was not getting any replies.

I have also obtained photos of signs.

For the main hearing, later, in the Spring, since the CCJ is set aside first.

NWFEE are not giving me anything.

Report a concern about THEM to the ICO, as your SAR from THEM will show you what you need, a SAR to Gladstones shows very little as they have no evidence or photos, never did, just filed a robo claim with no checks.

Spyro85

Erm, in their AST. Just look for anything to do with parking, use of communal aras, etc. Impossible for us to guess.

Apologies, I have not been forthcoming with information. There is no AST, neither myself or my friend reside at the address any longer. Her parent owned the property. They no longer live in this country.

In reference to NWFEE; there is a generic contact form, phone number and postal address. I have used all of these methods and additionally emailed to their complaints department asking to forward the SAR to the DPO. I have not yet received a response. Via telephone they simply state I must contact Gladstones. However I likely have been too hasty. I had just assumed there would be acknowledgement of the request.

I have not received the DVLA information yet and imagine that will take a while.

I advised Gladstones that I was 'unaware the current correspondence was in relation to the Set-Aside Judgement as I had contacted NWFEE and themselves for SAR's. Futhermore, I had already sent the N244 form and paid the fee'. To which they have responded that they will be 'opposing the same'.

Yes, your hearing is not about the signs, it's about getting the CCJ set aside and proving that you had moved and that the PPC made no attempt to find you before filing a claim to an address that they knew was not getting any replies.

Thank you Coupon-mad for the clarification. I had thought this but wasn't entirely sure if i needed to prepare anything in advance for a set-aside hearing 'defence wise'. Also, I will keep all evidence for the hearing after the 'set-aside hearing'. If it even gets that far.

I think perhaps I am over complicating the situation and trying to overly prepare. It just seems so excessive for parking in a space (with corresponding house number) that I was permitted to park in. I have evidence that I lived at the address. Evidence via paying a bus lane fine that I could be found and evidence of a valid parking permit.

I am very grateful for the time spent reading and replying to my posts.

nosferatu1001

Well in that case...ask if the owner will look in their lease
DO yo uget whats being asked here? We're trying to see what rights you had at the time
Stop throwing obstacles in and find out. There is absolutely a way to do that.

For the set aside you need two main arguments:
1) Automatic set aside due to papers not being served
2) "any other reason" to set aside - such as havign a good defence to the underlying claim. So, you want both.

Spyro85

Well in that case...ask if the owner will look in their lease
DO yo uget whats being asked here?

Sorry, I really don’t understand what is being asked. I do appreciate that you are trying to help find out what my rights were (primacy of contract etc) however the owner no longer lives in this country. If I could get hold of any lease at all I would scrutinise it. Is there something blatantly obvious that I am missing? (genuine question).

Umkomaas

I think you can get a copy of the main deeds relevant to the property from The Land Registry. There is a charge, but nothing excessive.

Spyro85

Hello, I have an update if anybody can offer any suggestions? I realise I’m perhaps clutching at straws.
I have searched the land registry. The residence (flat) is a leasehold, it mentions nothing to do with parking and no parking space is highlighted on the register title plan.
However, also at the address there is a freehold company registered there with Title Absolute. The title plan shows a red border around the whole area of parking.

Coupon-mad

I already advised you in post #13 that this hearing is not about any of that.

I have sent my N244 form for a set aside.

Read henrik777's post where he gives a full example of the N244 and WS, and (as you said you'd already done the application) he does tell set aside applicants what to do NEXT and how to word your argument for set aside...

...which has nothing to do with the bays as marked out at Land Registry.

Spyro85

Ok great, Henrick777's information makes sense. So essentially, I have sent off my N244 with draft order and witness statement. So now I await to receive information from Court and in the mean time I prepare my argument as to why I had not received any communication from PPC or solicitors when I have evidence which shows I could have been traced to the correct address?
Then the judge will decide to have it set-aside? If it does get set-aside then the PPC and myself go back to square one, where I can then go through the appeals process then possibly court to defend the original PCN?

Incidentally, I may be able to get an AST drawn up and back dated. Would this be admissible later on? if it gets that far?

Spyro85

Quick Update:

I have received 2 emails today.

1st email from PPC:
In reference to your SAR request. New World Facilities East Essex Ltd only hold personal data that has been supplied by yourself in the various email communications since the issue of the pcns to your vehicle.

Data that has been requested from the DVLA about you is done so by our back office PCSL as they prepare all the administration in relation to unpaid or undealt with parking charge notices in the process of debt recovery.

You have requested SAR from PCSL and Gladstones, both have dealt with your request.

I have not spoken to PCSL and this is the first I have heard of them. Additionally, I have not received any photographic evidence of the 'breach of contract' or what it is even about

2nd email from Gladstones:
A table set out showing my name, addresses & car registration.
Data processors - Paragon CC, Patron Hallow Limited, CCBC and Experian.
It then shows 4 letters addressed to residences I have not lived at for years, 3 Letters Before claim dated 2018 and final dated 2019 stating a judgement had been obtained.

Should I have received photographic evidence from the PPC? or are they allowed to withhold this? Also, Patron Hallow LTD appears to operate from the same location as Gladstones.