UKPC - CCJ for £3k+

Coupon-mad

rennes99 wrote: »

Hi waamo - I really don't know, however is sounds as though they cannot and I can bring this up in front of a judge and, as long as I highlight the relevant POFA2012 clauses and case studies, they will see that this is an Abuse of Process, correct?

Yep, as per CEC16's thread.

beamerguy

rennes99 wrote: »

Unpaid Parkign Charges will be passed to our DRA at which point an additional fee of £60 will apply.


Many thanks

They got this rubbish from the BPA CoP

The CoP is for BPA members only to which the motorist is not bound by. As such this contradicts POFA2012 and the Supreme court ruling.
The BPA are enticing their members to add fake charges which the law does not allow. The BPA therefore approve Abuse of process and the courts DO NOT approve it

waamo

rennes99 wrote: »

thanks waamo - while I concentrate on the set aside, what points are necessary to consider in my defence when demonstrating that it fails POFA and Beavis, and is as you say appealing?

The sign is appalling not appealing. In Beavis they clearly stated all recovery costs are built in to the charge. No further add ons needed.

Coupon-mad

what points are necessary to consider in my defence when demonstrating that it fails POFA and Beavis

The 1, 2, 3 that were used at the hearing in CEC16's thread.

rennes99

Thanks both - sorry I did mean to type appalling not appealing... it is anything but!!!

I cant the specific CEC16 threat you refer to Coupon mad - are able to kindly direct me to it?

With regards to the sign (these defences are continuing to mount!!!) it explicitly states that the charge would be issued to the vehicle's driver... is it valid that they can't hold the RK liable to pay?!

beamerguy

rennes99 wrote: »

Thanks both - sorry I did mean to type appalling not appealing... it is anything but!!!

I cant the specific CEC16 threat you refer to Coupon mad - are able to kindly direct me to it?

With regards to the sign (these defences are continuing to mount!!!) it explicitly states that the charge would be issued to the vehicle's driver... is it valid that they can't hold the RK liable to pay?!

quickly then, it's at the top of post # 1
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

UPDATE: BWLegal appealed

rennes99

Hi again all - and my thanks again for all advice so far.

I am going to go down the route of Set Aside, but will first ask the Claimant to consent to this, on the basis I was not served (details of which are above.)

While I will expand on the strength of this particular point in my correspondence to the Claimant, will it be necessary to outline my defence in addition to them, to expedite the consent to set aside?

Belenus

beamerguy wrote: »

....How did they allow it in your case ? well you were not in court so it was a default....

I doubt that it ever went to court.

As rennes99 didn't respond to the claim, (as he never received it) [STRIKE]the thieving barstewards[/STRIKE] UKPC would have automatically won a default judgement. There would not have been a court hearing as far as I am aware. It would just have been processed by a computer, an admin clerk or someone like that.

rennes99 wrote: »

...I simply cannot afford to have a CCJ against me, ... hence wondering whether it would be better to save on months of worry and just pay is before the 1 month period... even though I don't think I should owe this money (£160 per charge!!!)

For your own sake and everyone else's sake please don't do that. The experts on here will help you to beat this.

Good luck. :beer:

Edit: I hadn't read your post above. I see you are fighting it.

rennes99

Thanks Belenus

Does anyone have advice on how to ask the Claimant to consent to set aside? A simple email with reasons why? Or a Draft Consent Order?

Le_Kirk

rennes99 wrote: »

Does anyone have advice on how to ask the Claimant to consent to set aside? A simple email with reasons why? Or a Draft Consent Order?

Searching the forum is usually a good way to find posters who have done it before. Follow THIS link to read a thread all about set-aside, look particularly at answers given by henrik777.