UKPC - CCJ for £3k+

beamerguy

rennes99 wrote: »

Thank you beamerguy - it sounds very much as though there are several issues to go at here - namely:

1. Terms that vary the lease have been imposed unilaterally and without me consent
2. The claim documents were not served, thus I had no opportunity to defend the case
3. There is a clear abuse of process, evidenced by the additional £60 per charge

Do I have good grounds to risk an application to set aside, thus allowing the 30 day period to pay the CCJ and not have it registered, to pass?

One thing I would say is that signage at the parking area in question, and also a late/non payment paragraph on the reverse of the windscreen PCN, state failure to pay after 28 days may result in UKPC instructing a DRA to recover the amount due - an additional charge of £60 will apply in accordance with the terms of conditions of parking?

A windscreen ticket is NOT a contract as it's after the event.

POFA2012 clearly states This additional charge is not recoverable

The Supreme Court stated in the Beavis case
198. ''...The charge has to be and is set at a level which enables the managers to recover the costs of operating the
scheme...''

The courts have told these dodgy legals they cannot charge a further £60

Be aware that UKPC are a fraudulent firm who have been banned by the DVLA twice, one for faking time stamps on pictures

rennes99

I'm very grateful indeed for your advice above,

My only concern is raising it as part of an application to set aside, and that application to set aside being denied and thus a CCJ stuck on my record for 6 years!

I'm just terrified that whilst I have these valid defences, and that the court papers were not served to me at my correct address and thus I never knew about this, that come the day of my hearing to set aside i'll just be swotted down - I mean how can they blatantly add £60 per charge, if it's well known to be an abuse of process?! Surely they are wise to this?

Redx

They are getting there after coupon mad,s success last week in court against a barrister plus the judges kicking stuff out like D J Taylor , Grand , Giddins and Jones, see the thread by CEC16 and the abuse of process thread by beamerguy , you have a lot of reading and catching up to do especially on the CRA 2015 etc , but you should be concentrating on the set aside , get up to speed later

henrik777

https://forums.moneysavingexpert.com/showpost.php?p=76473858&postcount=24

https://forums.moneysavingexpert.com/discussion/6064421/parking-ccj-anpr-camera-and-ccj-docs-sent-to-old-address

Write (via email chased by phone after 4/5 days if no reply)) to the claimant asking them to consent to a set aside as they have failed to serve the claim form or even attempt to find a valid address for service.

7 days for a reply or you'll have no choice but to apply for a set aside.

rennes99

Thanks a lot Henrik.

So the consensus here is that I shouldn't worry about the CCJ being "set in stone" within a month of judgment, as it were, and that I will be able to get this set aside, for the above reasons, and then make a defence?

henrik777

Nothing is 100% but i'd be surprised if you didn't get it set aside.

You could pay it, to protect your credit rating, and still set it aside. There is obviously a small risk of not being refunded if you manage set aside or even win the case eventually.

beamerguy

rennes99 wrote: »

I'm very grateful indeed for your advice above,

My only concern is raising it as part of an application to set aside, and that application to set aside being denied and thus a CCJ stuck on my record for 6 years!

I'm just terrified that whilst I have these valid defences, and that the court papers were not served to me at my correct address and thus I never knew about this, that come the day of my hearing to set aside i'll just be swotted down - I mean how can they blatantly add £60 per charge, if it's well known to be an abuse of process?! Surely they are wise to this?

The quicker you can get the set aside the better, then you are back to pre court. From that point, there is no reason to think you will not win if your lease does not mention parking or the introduction of parking scammers.
At that stage, let this forum assist.

You are also at liberty to put a note on your credit file with all agencies explaining the situation

Yes, the courts have woken up to the £60 scam and that is in your favour

Study this about residential parking
https://parking-prankster.blogspot.com/search?q=RESIDENTIAL

In Sept 2016 Theresa May vowed to end the CCJ fiasco. The woman lied, one of many lies from her. Take this up with your MP or even write to Boris
https://forums.moneysavingexpert.com/discussion/5524754/knock-knock-mrs-may-anyone-at-home-what-are-you-doing-about-these-ccjs

rennes99

One thing I am concerned about as part of my defence, is the nature of my AST agreement - it is "silent" on the matter of parking it says neither parking is given nor not. I was told verbally by tehe state agent at the time that parking is available for residents. The charges I have are due to not displaying a permit in a permit area (of a residential location.)

Does this still constitute terms that vary the lease have been imposed unilaterally and without my consent?

rennes99

I would add - these were acquired in communal areas, not marked bays

Le_Kirk

You have a duty to "act quickly" as soon as you discover a CCJ in default. You could do as henrik777 suggests, write to the PPC and ask for a set-aside by consent, which costs £100 or, if they refuse, go for the £255 set-aside. Your point to the judge at the set-aside hearing is that you were there to be found. The defence of the original PCNs comes later. Read the NEWBIE sticky post # 2 and then get yourself the correct form(s) N244, write the six-point draft order and your witness statement (WS), have a defence in your back pocket just in case the judge asks at the hearing. Post your order and WS here for critique.