Claim f0rm please assist

tfc12345

If a CCJ issued to a previous address over 10 months ago.
The vehicle was disposed. Of 19 months ago.

Apparently the 1st letter ntk was sent around the time of vacating the property. 24 odd months ago. 

No correspondence was received 

Apparently a letter was sent to a new address from searches, and letter before claim to an alternate address also not received. 

Claim forms from court sent well after vacating property and vehicle destroyed. 

They are offering to complete consent order to set aside if full payment made

Is it best to put forward consent order and await approval or aim for n2444 approach? 

Priority is to remove ccj altogether from record not necessarily save here.. This is a huge concern as need to remortgage etc

Assistance would be hugely appreciated 

BW

Le_Kirk

Options/advice are in the NEWBIE sticky second post, read about set-asides or search for posts by @henrik777 who is an authority on such matters.  If you agree to their offer, you will pay £100 for set-aside with consent PLUS whatever the original PCN was, however if you do set-aside without consent it costs £255, which you should get back when/if you get the set-aside awarded AND you have the chance to defend the original PCN - Nett ZERO.

Coupon-mad

They are offering to complete consent order to set aside if full payment made

They would, wouldn't they? How much?  Why should you pay them?  That's not what we suggest!

Which parking firm and what alleged contravention, what sort of car park?

henrik777

Apparently a letter was sent to a new address from searches, and letter before claim to an alternate address also not received. 

Prove that to a courts satisfaction, and there is the "reason to believe" that the old address no longer remains a place at which the defendant resides or carries out business.

They would then need to prove that they had no other choice but to use your last known address in order to validate service of the claim form in order to defeat a set aside request.

(6) Where paragraph (3) applies, the claimant may serve on the defendant’s usual or last known address in accordance with the table in paragraph (2) where the claimant –

(a) cannot ascertain the defendant’s current residence or place of business; and

(b) cannot ascertain an alternative place or an alternative method under paragraph (4)(b).

Consent is the least risky and potentially quickest way toremoval, but on the explanation given, i can't see why you wouldn't get a mandatory set aside.

tfc12345

it is claimed that one solitary letter was sent to a current address, 13 months ago - not received. All other post including claim forms sent to old vacated address.

Appreciate possibility for set aside but application is due soon and priority is swift removal 

Apparently even for consent order - information or even such as date of departure is required (can provide this) 

tfc12345

Am concerned about getting even 'consent order right'. If can be shown eg with tenancy document etc did not reside at address presume this is sufficient? 

D_P_Dance

Have they added any unlawful "extras", if so, read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

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 has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

 

nosferatu1001

All - the priority here for the OP is removal. The PRAGMATIC approach is set aside with cosnent. It might stick in the craw, but if they must remortgage soon else end up on a VRT at 5% its best to get it sorted. 

tfc12345

Thank you  very much - as much as would love to apply set aside and fight -  this isn't so feasible given time frames and need for remortgage.
1st letter sent 25 months ago - property vacated and tenancy formally ended a few days after 25months (evidence available) - nil received - 

Vehicle destroy3d 19 months ago by authorised co. - receipt available 

All subsequent letters including claim forms sent to old address
Claim form sent 10 months ago to old addresses
None received 

Claim one solitary letter sent 13 months ago to a current address - not received. 

This ticket was issued whilst loading things into a new residence - fairly sure no or little signage at that point unsure as so long ago

Hope this covers bases for consent order

Obviously they claim consent order 'should' be fine as want payment 

BW 

tfc12345

@Coupon-mad- its pcmuk-@#£)
It was a residential unit - whilst loading belongings into new residence 

BW

Coupon-mad

I wouldn't pay them so it sticks in my craw so badly I can't bring myself to add more than I have, except for this final thought:  

Getting it set aside might take 2 or 3 months more of the Summer, that's likely all, but you could add in as costs, the loss of a favourable remortgage rate, and you have a likely mandatory set aside because they knew of TWO possible addresses, but they took no steps to establish which to serve the claim to, and plumped for the oldest one (am I right?).  So if the Judge agrees you then ask during the hearing for an Order for all costs to be paid by the Claimant due to wholly unreasonable conduct meeting the Dammerman level (£255 N244 fee, plus time at £19 per hour, plus the actual loss caused by being stuck for longer in a worse mortage deal). 

Not saying all Judges would grant it but the last 3 set asides we've seen have all Ordered the £255 to be paid by the C.  Two of those are linked in the set aside section of the NEWBIES thread.