CPM - CCJ set aside by consent chance?

tommo1590

Evening All. 

Little bit of backstory:

So recently discovered I have had a CCJ against me from CPM using Gladstone’s. This was issued in January of this year and I only discovered it from doing a credit check. I was not aware of this nor had any paperwork and I contacted the County Court Business Centre who provided me with some more details i.e. who it was (CPM) and the solicitors and the reason it was issued etc.

I knew from there exactly what this was from. Back in October 2018 CPM placed a ticket on my car which was parked in a resident only car park, I was allowed to be parked there and also had my permit displayed. Their claim stated I was not parking in accordance of their signage “No Parking on Access Roads / Roadways.” – On receiving this PNC back in 2018 I went to the site office and complained where they stated that where I was parked was allowed and others had complained and they had advised the parking company (unfortunately this was all in conversion and not in writing). That was the last I heard from it back in October 2018.

In September of 2019 I moved address and in January of 2020 it shows I now have a CCJ. I have sent a SAR to CPM who just sent back a few images of where my car was parked and a copy of the original PNC and also a copy of a ‘Formal Demand’ letter with an address I haven’t lived in since 2011/2012.

 

I have emailed the landowner today who has confirmed again (but this time in email) that where I was parked is not in breach of anything and residents are allowed to park in the same location.

So, my general question is where do I go from here?  Do I just go and file for a set aside following the information on this forum? Or is there any chance that providing all this information to CPM they will agree that this should be set aside by consent and save us both money and close the matter?

Thanks for any help.

 

Redx

by all means try for a with consent set aside with CPM, where they bear the costs, but I suspect they will refuse the request

if you were to bear all costs , they may consent

if neither option is available , then go for a contested set aside and try for your costs back

they should have traced your new address , they failed to do so, so the set aside is likely to be granted at hearing 1

later on at hearing 2 you can defend the original court claim that never arrived

Umkomaas

So, my general question is where do I go from here? 

The NEWBIES FAQ sticky, second post, which provides detailed information on dealing with a set aside. Also do a forum search on @henrik777 (forum CCJ/set aside guru) and read his expert advice. These should get you on your way. 

Please remember, this forum is about dealing with parking tickets at first base - a consumer advice focus. It is not a legal advice resource. 

tommo1590

Redx said:

by all means try for a with consent set aside with CPM, where they bear the costs, but I suspect they will refuse the request

if you were to bear all costs , they may consent

I mean my reasoning behind why I'm being hopeful with the set aside by consent is that I have the landowner in writing saying that where I was parked is allowed and that they have in their own words notified the parking company that parking was/is allowed there.  From my understanding the set aside by consent is £100 - Which I will be happy to pay to settle this situation if they agreed. Just not sure how many issues people have had in the past with CPM and how amicable they were.

As you also said they did no tracing of my current address to my knowledge and used a very old address against me so I would be hopeful in thinking that should help with the set aside if they didn't agree. 

Umkomaas said:

So, my general question is where do I go from here? 

The NEWBIES FAQ sticky, second post, which provides detailed information on dealing with a set aside. Also do a forum search on @henrik777 (forum CCJ/set aside guru) and read his expert advice. These should get you on your way. 

Please remember, this forum is about dealing with parking tickets at first base - a consumer advice focus. It is not a legal advice resource. 

Thanks. Just been working my way through all of this and trying to work it all out. Not seen much about companies consenting or communication people have had with parking companies around this so that was more the focus of my question.

Redx

to be clear, the set aside would be granted due to you not receiving the paperwork due to them not tracing your new address, nothing to do with your case or story or solicitors letter

a set aside is merely to turn back the clock to the original court case, that secondary court case in the future is where your evidence will determine the outcome, nothing to do with the set aside

so in simple terms , not serving the papers to the traced address, not using a traced address is good fodder for the set aside, be it with or without consent

a with consent tends to be YOU paying the £100 plus all the fees and settling the original claim in full, so hundreds of pounds

I assume you dont want to pay any money, so if a with consent is refused, then its the £255 contested set aside that you go for, and ask for your £255 plus your costs back

to be clear, its not all done and dusted in one sitting , its 2 separate court cases , not at the same time , for 2 different issues

henrik777

Did you update your V5 when moving ?

As an aside, if we assume the v5 has been updated promptly, this is exactly why accessing the DVLA database shortly after an "infringement" is not a good address forever.



In my opinion, you have a very decent chance of arguing service is bad and getting a mandatory set aside with costs. ( I Make the assumption you were easy to find had they performed a simple trace)

Failing that, a discretionary set aside because 1. you have a real prospect of defending. 2. The house move is a good reason for set aside otherwise the court is saying there is an effective penalty for moving house which is plainly ludicrous.


Ask for consent. Apply anyway if required. 

I'd want them to foot the bill but that's your call.

nosferatu1001

Confirm:
- the date you found out about the CCJ. 
- the date you changed your V5 when you moved in sept 2019 
- confirm that the CCJ was granted in jan2020 yes?
I would sugegst you send them, today, an EMAIL giving them 7 days to respond stating
- you want them to agreee to a set aside
- that this is at their cost, as the claim form was never served, and so they were never entitled to apply for a default judgement
- and that you can prove they were not authorised to issue tickets, meaning they have no underlying claim. As such you suggest that to minimise costs on both sides, they agree in the consent order to dismissing the claim. 
Supply them the draft order. ABout 3 bullet points, not difficult. 

tommo1590

Thanks for all the help
. 
@henrik777
I updated the V5C within a couple of weeks of moving, 4 weeks at max so latest in October 2019. The address CPM sent their letter to back in 2018 was one that hasn't been used since about 2011/12. The address on the court record/CCJ on my credit file was my old address I just moved from to before where I live now. 

I should have been easily found. I updated all my details with banks, credit card, electoral roll etc pretty much right away so my credit file should have been screaming my latest address to them.

@nosferatu1001
- Found out about the CCJ in the last months credit check. It's only showing on TransUnion searches not others so has been missed. 
- V5 was updated within about 4 weeks of moving. 
- CCJ was granted in Jan 2020

I'll try draft an email to them today and also a draft order and send it over to them. Would this be sent directly to CPM or to their Solicitors Gladstones?

Thanks

nosferatu1001

DATE you found out means an exact date!
Check the V5 doc ref date. There is no way they would be told the old addrss. 

Coupon-mad

You email Gladstones and ask them if their client will consent and explain what henrik777 told you.

IMHO, UKPCM won't agree because they are a truly nasty ex-clamper who are never shown anywhere, to do a single reasonable thing, ever.  Get the court to order they pay the £255 fee back to you, when you win the set aside.

By all means try a set aside by consent first but no waiting more than a few days!

henrik777

Coupon-mad said:

You email Gladstones and ask them if their client will consent and explain what henrik777 told you.

IMHO, UKPCM won't agree because they are a truly nasty ex-clamper who are never shown anywhere, to do a single reasonable thing, ever.  Get the court to order they pay the £255 fee back to you, when you win the set aside.

By all means try a set aside by consent first but no waiting more than a few days!

I advocate asking everyone for consent even if i suspect there is no chance. Self preservation ftw.