Claim f0rm please assist

D_P_Dance

Looks bad?  It looks worse than bad, it looks like gross incompetence.  Well worth a money claim imo.  

Le_Kirk

tfc12345 said:

Thank you - think they are claiming the one letter to alternate was an LBC and followed  procedure and were entitled etc etc
Not sure if this correct seems unlikely 

Coupon-mad said:

So if they sent a LBC to the new address, why did they then revert to the old address for the claim?  This all looks bad on them because they had two addresses.

Hmm, it's almost as if they used the old address for the claim as a way of gaining a CCJ against you by default - surely no PPC or solicitor would stoop to such underhanded tactics!

tfc12345

Thank you - completely agree

In fact the policy of the old addr. Is to return to sender - so likely this happened 

But they are claiming to have followed procedure rules etc and need to see any proof etc etc

So to clarify - using other address is evidence of having reason to believe was not at old res and therefore reason to be allowed to defend or at very least consent? 

tfc12345

Appreciate that broad strokes seem to be in our favour  but concerned and need to present best case to ensure resolution
Is there an optimal way to word communication?

Is it out of the question to approach the landowner to drop the charge also at this point? 

Coupon-mad

Far too late.  You need to get a final answer from the scammers then get on with the set aside, either way. 

A set aside with consent does NOT involve paying the parking charge/CCJ sum, just to be clear.  someone the other day ignored all that and chatted to a PPC and agreed to pay the parking firm a settlement of £100 (plus the court fee for a set aside with consent) plus two more PCNs at £100, as if that was a good thing! 

It was a terrible and daft thing to do - and the opposite of the point of asking a PPC if they will consent to a set aside.

tfc12345

Thank you - this is what they have requested a full payment for both

Would think it would make sense to wait for outcome from consent orser first

Have stated this is not 'How it works' and would need full payment etc

What is the best approach?


BW 

tfc12345

Ps if a mandatory set aside is applied for assume they will need to halt any debt collection agency action etc? 

Coupon-mad

You would put in your Draft Order that any enforcement action be stayed.  

Like in all CCJ set aside threads.

this is what they have requested a full payment for both

Then why are you even considering that?  This is NOT what asking for consent to set aside means! 

henrik777

The idea of a consented set aside is that there is no dispute that the set aside should happen almost automatically sparing time, effort and expense.

It appears that several claimants are pouncing on desperation and/or a lack of knowledge to try to take advantage and secure payments they otherwise wouldn't get.

If it suits someone to pay, then i'm not going to say don't pay.

On the other hand if someone doesn't want to pay, i'd say tell them the terms of consent are that the CCJ is set aside and nothing else. (costs paid by them if appropriate).

tfc12345

Thank you - they had continued to suggest or heavily imply that payment was 'needed' to draft and agree to a consent order - however, this is not the case apparently reading above and seeking independent advice

Are they allowed to do that - wouldn't that be  deemed to be predatory/misleading tactics?