UK CPM - CCJ issued

hiphop99

Good morning,

Appreciate all the good work you guys do on these forums and I had quite a difficult issue I wanted to raise.

I have read the intro guides etc and am hoping I could get some support with an issue I have/had with UK CPM and the subsequent CCJ that was issued against my wife without her knowing about it.

I wanted to point out that my wife is not the registered keeper.


The timeline is as follows:

• [FONT=&quot]We received a ticket in 2018 after parking in the visitor bay of our apartment complex. Our Landlord had failed to mention the need for a permit and we unfortunately assumed we could park in our own complex whilst our permit was being sorted. [/FONT]

• [FONT=&quot]We initially exchanged numerous letters with UK CPM, with respect to the driver's liability and then disputing the charge – this was done on the grounds of not entering into a contract as I was advised by a friend who had previous experience batting these away.[/FONT]

• [FONT=&quot]After a few exchanges between myself and UK CPM in February/March, there was nothing further and we assumed that the matter was not going anywhere. We moved out of the flat in July 2019.[/FONT]

• [FONT=&quot]To our shock, we were applying for a credit card last month and the application was rejected. We did a few checks online and it turns out that a CCJ was issued against my wife (obviously led by Gladstone Solicitors…!)– it has already gone to court and a judgement issued in her absence. [/FONT]

I totally accept that we made a mistake in not updating UK CPM to our new address but I assumed that the matter was closed due to the lack of response. However, that is obviously not the case.

I would appreciate any help for the next steps – I am happy to pay for a set aside and try to fight this with whatever we can do.

Thanks in advance

The_Deep

Have you read this? [FONT=Times New Roman, serif][FONT=Times New Roman, serif]http://parking-prankster.blogspot.com/2016/11/residential-parking.html[/FONT][/FONT]

[FONT=Times New Roman, serif]what does your lease/AST say about parking? Does it mention the need to display a permit? If not then it may take primacy over the self serving TnC of the scammer, and interfere with your lawful right to “quiet enjoyment” of your property, possible an offence under The Landlord and Tenants Acts.[/FONT]

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

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.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

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

hiphop99

I appreciate your comment about the lease but we are quite far past that stage? How could I invoke that to get the CCJ removed?


My bigger issue is the impact of the CCJ, given that we were not even able to fight it?


What should I do there?

hiphop99

I checked that link but unfortunately, there is not much I can do having checked the lease and what the content states there.

The_Deep

I appreciate your comment about the lease but we are quite far past that stage? How could I invoke that to get the CCJ removed?


Once the CCJ has been set aside you may be required to defend the original claim. The information I have given you will be useful then.

hiphop99

ok thanks The Deep.


What's the best way for me to go now? Apply for a set aside? I have all the relevant proof - council tax changes etc

Half_way

Advice in the newbies thread, under this titile
"HAVE YOU FOUND OUT ABOUT A CCJ (JUDGMENT FOR CLAIMANT) AND NEED IT SET ASIDE?"

Newbies thread here: https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou


to find it ( as the newbies thread is quite comprehensive) , right click on the link to the newbies thhread and select open in new tab or window, go back to this page, and copy the text in quote marks.
go to the newbies thread, press ctrl+F and copy the text in quote marks into the search box ( on a mobile it will be something like find in page)

hiphop99

Hi Half_way


I've looked through those links but am a little unsure as to how I approach this.


What defence do I send off and to whom? Can I copy the post from Saggi1975 but with my details?

Coupon-mad

No, read more recent examples. Search the forum for set aside draft order.

hiphop99

I looked in my tenancy and found this:


15. Cars and Parking
15.1 To park a private vehicle only at the Premises.
15.2 To park in the car parking space, garage or driveway allocated to the Premises, if applicable.
15.3 To keep any garage, driveway, or parking space free of oil and to pay for the removal and
cleaning of any spillage caused by a vehicle of the Tenant, his family, contractors or visitors.
15.4 To remove all vehicles belonging to the Tenant, his family or visitors at the end of the
Tenancy.
15.5 Not to park any vehicle at the Premises that is not in road worthy condition and fully taxed.


Does this help the case?

Redx

Yes , because it doesn't mention parking permits etc

Ie , it's silent on obeying parking company signs and permits