CCJ for old address and PCN for using my neighbours bay

JWs

No they didn't.
I called them and they basically said they cannot discuss the matter over the phone and they have 30 days to respond.
Although when I sent them email I got auto reply saying they have 30 days to respond.

henrik777

Didn't think they'd be so stupid.


Dear Gits,

RE set aside blah blah blah

I rang your number (01.........) and spoke to ........ to discuss my set aside application of your/your clients CCJ which was obtained against myself without my knowledge.

.... said that you could not discuss the matter over the phone and that you had 30 days to respond. You do not have 30 days to respond.

As you should be aware, CPR 13.2 has no time limit. However my secondary submissions that there are good reasons to set aside and that i have a real prospect of successfully defending the claim are covered under CPR 13.3 and this rule of the court requires consideration by the court that i acted promptly.

You have already had x days to consider whether you consent to a set aside with you/your client paying the costs. As time is of the essence i will give you until 12/02/20 @ 1600 to agree. Anything other the full agreement will result in my application being lodged with the court without agreement and without further notice and i will seek costs in full via the court.

Yours


I would send a suitably edited email to them and call them to ensure receipt of it.

JWs

Just an update.
They responded to my email:

Without Prejudice save as to costs

Dear Mr xxx

Please see the following in response to the points raised in your email:

1. As you will see from the attached bundle notifcation of the charge was sent to your address of Rotary Way prior to your change of address so you ought to have been aware of the charge and known that it was an ongoing matter when you moved.
2. Your details were obtained from the DVLA following the contravention and we have nothing to believe that you would have changed address or that you were no longer at that address
3. The DVLA request was made in October 2017 so the the details that were registered at the time would have been provided
4. Our client would have contacted the DVLA to obtain the Registered Keeper's details and it would be reasonable to assume that they would be up-to-date at the time of the charge
5. If a response had been provided to the initial notification then all subsequent issues could have been avoided
6. We did not have any reason to believe that you were no longer at the xxx address as this was the address provided by the DVLA. We deal with many files where people remain at the same address for years and claim not to have received any correspondence. Furthermore, the address provided by the DVLA would have been your last known address and was therefore suitable for service when it came time to issue a claim.
7. Our client did not have any reason to beleive you were no longer at the address especially as they did not receive any returned correspondence from whomever would have been occupying the address after you.

 

As mentioned previously the address we had yourself was obtained from the DVLA as your last known address. As such we maintain our position that all documents were served on a valid last known address. There was no way for our client to know that you were no longer living at the address.

If you wish to take the matter back to the defence stage then we are agreeable to setting Judgment aside under CPR 13.3(1)(b). However, this would be on the basis that the Court costs of the application (£100) be covered by yourself. Our client followed all procedures correctly and do not believe they are liable in this regard.

We note your comments in relation to the Company Number - this seems to have been a mistake by the client which will be rectified in due course. The slight difference in company number would have had no effect on any of the issues raised by yourself and as such is not relevant to these proceedings. You would have still been provided with the full name and address of our client which is all you would need to contest these charges. Also, details of our client as the creditor would have been provided on the notices.

In relation to your second email we did not advise you that we had 30 days respond. You were informed that we would endeavour to respond within 30 days. A strict time limit was not provided.

Payment of £100 can be made by calling our payment line on 0333 0230 049 or on our website www.gladstonessolicitors.co.uk

Alternatively, you can make payment via bank transfer. Our bank details are as follows
Account Number: 33028712

Sort Code: 20-24-09

When making payment using any of the above methods please quote our reference xxxx

Regards

Am right to think they agreed to set aside with consent and once I will pay £100 for application costs CCJ will be removed?

I'm not to sure what to do now as I think paying that would speed up things and CCJ would be removed pretty quickly but on the other hands I know that I have basically much better hand and would win the case easily. The problem is it will take much more time and I would have to spend more money and then would have to claim it back.

With that email I received all pictures they took, notes/documents they sent to me and the last one is dated 28-01-2018 so almost a year before I moved out from previous address. There is no evidence they sent anything after 28-01-2018. CCJ was issued in June 2019!!

On IPC's website code of practice we can see:

22 Debt and Debt Collection

22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings. 

What your thoughts guys?

nosferatu1001

Theyre saying IF you pay £100 and *do not apply for those costs back* they agree to set aside with consent. Basically you would have no chance of the £100 being returned to you. 
This is your choice. 
You could respond with that excerpt from the IPC CoP. State that as more than 12 months elapsed they were required to take reasonable steps. As their letter confirms they took NO steps, this is a breach ofthe CoP and evidence of negligence in their failure to effect good service. 

henrik777

JWs said:

Just an update.
They responded to my email:

Without Prejudice save as to costs

Dear Mr xxx

Please see the following in response to the points raised in your email:

1. As you will see from the attached bundle notifcation of the charge was sent to your address of Rotary Way prior to your change of address so you ought to have been aware of the charge and known that it was an ongoing matter when you moved.
2. Your details were obtained from the DVLA following the contravention and we have nothing to believe that you would have changed address or that you were no longer at that address
3. The DVLA request was made in October 2017 so the the details that were registered at the time would have been provided
4. Our client would have contacted the DVLA to obtain the Registered Keeper's details and it would be reasonable to assume that they would be up-to-date at the time of the charge
5. If a response had been provided to the initial notification then all subsequent issues could have been avoided
6. We did not have any reason to believe that you were no longer at the xxx address as this was the address provided by the DVLA. We deal with many files where people remain at the same address for years and claim not to have received any correspondence. Furthermore, the address provided by the DVLA would have been your last known address and was therefore suitable for service when it came time to issue a claim.
7. Our client did not have any reason to beleive you were no longer at the address especially as they did not receive any returned correspondence from whomever would have been occupying the address after you.

 

As mentioned previously the address we had yourself was obtained from the DVLA as your last known address. As such we maintain our position that all documents were served on a valid last known address. There was no way for our client to know that you were no longer living at the address.

If you wish to take the matter back to the defence stage then we are agreeable to setting Judgment aside under CPR 13.3(1)(b). However, this would be on the basis that the Court costs of the application (£100) be covered by yourself. Our client followed all procedures correctly and do not believe they are liable in this regard.

We note your comments in relation to the Company Number - this seems to have been a mistake by the client which will be rectified in due course. The slight difference in company number would have had no effect on any of the issues raised by yourself and as such is not relevant to these proceedings. You would have still been provided with the full name and address of our client which is all you would need to contest these charges. Also, details of our client as the creditor would have been provided on the notices.

In relation to your second email we did not advise you that we had 30 days respond. You were informed that we would endeavour to respond within 30 days. A strict time limit was not provided.

Payment of £100 can be made by calling our payment line on 0333 0230 049 or on our website www.gladstonessolicitors.co.uk

Alternatively, you can make payment via bank transfer. Our bank details are as follows
Account Number: 33028712

Sort Code: 20-24-09

When making payment using any of the above methods please quote our reference xxxx

Regards

Am right to think they agreed to set aside with consent and once I will pay £100 for application costs CCJ will be removed?

I'm not to sure what to do now as I think paying that would speed up things and CCJ would be removed pretty quickly but on the other hands I know that I have basically much better hand and would win the case easily. The problem is it will take much more time and I would have to spend more money and then would have to claim it back.

With that email I received all pictures they took, notes/documents they sent to me and the last one is dated 28-01-2018 so almost a year before I moved out from previous address. There is no evidence they sent anything after 28-01-2018. CCJ was issued in June 2019!!

On IPC's website code of practice we can see:

22 Debt and Debt Collection

22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings. 

What your thoughts guys?

I think you summed it up pretty well.

I think paying that would speed up things and CCJ would be removed pretty quickly but on the other hands I know that I have basically much better hand and would win the case easily. The problem is it will take much more time and I would have to spend more money and then would have to claim it back

And on that all i'd say is, it's your call to get what you want/need.

JWs

Well. I knew it is not going to be so straightforward.

I have responded to Gladstones that I'm willing to pay court fee of £100 to set aside with consent.
And this is what they have written back:

Dear XX

Once the £100 payment has been made we would draft the Consent Order and send it to you to sign and return to us. We would then countersign it and file it with the Court.

It takes the Court approximately 4-6 weeks to provide a response.

Also, if you wish to settle this matter rather than return it to the defence stage then we could also consider a possible reduced settlement sum which you would pay in addition to the £100 Court fee. This would mean the end of the matter once the Court approve the Order. If this is something that you are willing to consider then we can accept a reduced settlement sum of £160 for the Judgment plus Court fee of £100.

So now they want me to pay £100 plus £160 to close the case. There is no way I'm going to pay for that especially knowing they have done everything wrong in the first place.

If they are not willing to go forward with my invitation again I'm ready to set aside without consent.

This the letter I want to send again and the last time.

Dear Mr XXX,

I think there has been some misunderstanding in our correspondence.

I must disagree with your claim stating you/your client followed all procedures correctly and do not believe you/your client are liable in this regard.

As I respect your and my time and to save costs for both parties I considered to accepted your offer to set aside with consent under terms that I'm paying for Court fee £100 and nothing more. I do not agree to pay for Judgment as I believe you/your client didn't follow all procedures correctly as I will once again point it out below.

As I can see from the bundle you attached in previous email the last notice was sent 26-01-2018 which is exactly 11 months before I moved out from XXX. There is no evidence you sent any notice after this day. Additionally 21 months have passed since PCN was issued and CCJ was entered. Therefore you cannot assume that I was living at this address anymore.  

On IPC's (International Parking Comunnity) website which you claim to be a member we can see code of practice:

22 Debt and Debt Collection

22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings. 

As more than 12 months (21 months to be exact) elapsed you/your client were required to take reasonable steps. As your letter confirms you/your client took NO steps and this is a breach of the CoP and evidence of negligence in your failure to effect good service.  

Again I would like to point out that on the signage where that parking event took place there was incorrect Company Number which in not associated with New World Facilities East Essex LTD in any way . There is also incorrect Company Number on NWFEE LTD's website.

As we can see in CoP: ''Significantly, membership is dependent on completion of a detailed audit of all signage and standard documentation provided to motorists at every car park for which an operator is responsible.'' It clearly states yours client signage and website wasn't audited.

As act of goodwill and to close case ASAP I invite you to accept my offer to pay £100 Court fee and nothing more.

As time is of the essence I will give you until 17/02/20 @ 1600 to agree. Anything other the agreement as above will result in my application being lodged with the court without agreement and without further notice and I will seek costs in full via the court.

Yours faithfully,

Any thoughts?

nosferatu1001

Yes, its a really long, badly worded letter. It rambles, and you have copied and pasted without changing the wording to fit the context. 
Edit. A lot. Get to the point a lot, lot quicker. Make your offer clear and unambiguous. 
Oh, and they ALWAYS were wanting you to pay them! The set aside resets the claim to defence. They STILL havea claim against you, and so to their mind *you still owe them*. The £100 is simply the court fee, that they get none of. 
Make it clear that it is their client that is a IPC member

Le_Kirk

As I respect your and my time and to save costs for both parties I considered to accepted your offer to set aside with consent under terms that I'm paying for Court fee £100 and nothing more. I do not agree to pay for Judgment as I believe you/your client didn't follow all procedures correctly as I will once again point it out below.

This is confusing!  What are you trying to say?

JWs

What I was trying to say is basically that I'm happy to pay £100 court fee and nothing more.
Just to speed it up and not to go through the defence.

nosferatu1001

Yes, and you managed to bury that
Take the critiscim and write something *concise* .