CCJ at previous address from PPC

drewwhonumba2

Coupon-Mad i'm unable to show that more than one driver drove the car. should I still proceed with this course of action regardless?


Is showing the judge the Smart Parking letter (from DRP) in any way going to prejudice this particular set aside?

Coupon-mad

I say yes, use the stuff about not following the POFA re hirer liability but if asked 'but were you driving?' by the Judge, be ready to have to say yes if asked. We can't predict how your Judge will view POFA rules against being the driver anyway.

Using a letter from Smart Parking/DRP as evidence that parking firms use tracing agents should not prejudice a set aside. Even if you had twenty scam PCNs from PPCs, they are still scam PCNs turning on their own facts and not something to judge a hirer/keeper about.

In fact, in the Smart Parking case, they don't use the POFA at all (no attempt at the wording) so no hirer/keeper is liable with Smart, ever. So, you'd be using it as an example about using a tracing agent, only, and not as something from which any adverse inference could be drawn.

drewwhonumba2

Ive now submitted the N244 and hope to get a quick response

For the sake of helping others on the forum i'll outline the process that has got me to this stage

Found CCJ on Credit file

Called Northampton CCBC who emailed me the particulars

Downloaded and filled out N244

Put together on separate sheets using templates from legal beagles and threads from this site, a Draft order, Witness Statement, Draft defence - this is 3 separate documents in Word format

Compiled evidence such as council tax bills, mortgage statement, utility bill, electoral register - if this wasnt already in electronic format i took a photo

Called Northampton CCBC who put me through to payments - payment was taken using a debit card whilst on the phone

Emailed this bundle of files to ccbcfees@justice.gov.uk stating the case number in the body of the email and 'Defence' as the subject

Note - i did not have to print, sign and scan - the helpdesk confirmed that i can type my name in the signature box on the N244

Recieved confirmation email that the application had been recieved

Thanks to everyone who helped provide all of the information for my submission and ill keep you uodated on the outcome

drewwhonumba2

The set aside hearing is now set for Feb 13th

I think i may have just discovered some damning evidence in my favour

From a SAR to Gladstones they sent me all previous correspondence including a letter dated May (1 month before CCJ) that had been sent to my new address stating that they are proceeding with the claim but due to a trace had found my new address and would give me more time to respond

This letter did not include my flat number so was never recieved - there are 16 apartments in my flat at the letter was addressed to 'THE HOUSE' rather than 'XX The House'

They then sent a letter to my old address stating that they had obtained judgement and that if i paid within 30 days then no CCJ would show on my credit report

So they carried out a trace, partially found my new address which was not correct then proceeded to serve a claim at my old address then continue correspondence at my old address

Would love your comments on this

henrik777

drewwhonumba2 wrote: »

The set aside hearing is now set for Feb 13th

I think i may have just discovered some damning evidence in my favour

From a SAR to Gladstones they sent me all previous correspondence including a letter dated May (1 month before CCJ) that had been sent to my new address stating that they are proceeding with the claim but due to a trace had found my new address and would give me more time to respond

This letter did not include my flat number so was never recieved - there are 16 apartments in my flat at the letter was addressed to 'THE HOUSE' rather than 'XX The House'

They then sent a letter to my old address stating that they had obtained judgement and that if i paid within 30 days then no CCJ would show on my credit report

So they carried out a trace, partially found my new address which was not correct then proceeded to serve a claim at my old address then continue correspondence at my old address

Would love your comments on this

Get a 2nd witness statement fired off to the court and Gladstones IMMEDIATELY with regard to your SAR with that as an exhibit.

"reason to believe" you bet.

https://www.civillitigationbrief.com/2018/07/28/service-of-the-claim-form-defendants-last-known-address-claimants-reason-to-believe-a-few-points-to-watch/


I am 99.999999999999% certain they won't have complied with 6.9(4) which is MANDATORY when you have "reason to believe".

drewwhonumba2

Thanks Henrik, can you help with some additional advice please?

Shall i sent my current WS with the above amendment or send a second WS with just the amendment?

I have only sent documents so far as part of the N244 submission so havent sent anything to Gladstones or UKCPM - do i just need to send the amended WS or should i sent everything including the rest of the documents i submitted with the N244?

Do i need to supply a pack of documents on the day of the set aside hearing for the judge or will theybhave these from my N244 submission?

Finally i take it i should prepare a skeleton argument for the set aside hearing with any statutes and cases that are relevent to the case?

Thanks so much!

henrik777

Shall i sent my current WS with the above amendment or send a second WS with just the amendment?

If you haven't sent one just add it. (i would always advise a witness statement is sent with the application which i'm now guessing you didn't do)

I have only sent documents so far as part of the N244 submission so havent sent anything to Gladstones or UKCPM - do i just need to send the amended WS or should i sent everything including the rest of the documents i submitted with the N244?

It's best to send to the opponent. No surprises, no complaints that they'd have made different decisions resulting in less costs.

Do i need to supply a pack of documents on the day of the set aside hearing for the judge or will they have these from my N244 submission?

They SHOULD have them. Note i didn't say WILL. Take spares.

Finally i take it i should prepare a skeleton argument for the set aside hearing with any statutes and cases that are relevent to the case?

Yeah. I have posted a few bits on that but i'm doing tax return at moment (when i don't have to work or get distracted )

drewwhonumba2

I have already sent a WS but wondered if i just need to amend the current one and resend or add a totally separate one with the new exhibits from the SAR?

henrik777

drewwhonumba2 wrote: »

I have already sent a WS but wondered if i just need to amend the current one and resend or add a totally separate one with the new exhibits from the SAR?

New one which supplements the first one.

Basically, i sent a sar to them and this came back in response.

Coupon-mad

Touting on the forum is not allowed. I hear someone else has been touting by pm.