Fighting a UKCPM CCJ Help

sofa_searcher

Hi all,
I am a bit confused as to where I sit at the moment.
I found out today that I have a CCJ via equifax, all other credit report services are clean and clear.
The claim has been logged with County Court Business Centre in Northampton and the court date was on 11/11/2019. The case has not been settled. The address registered to the case is my previous address that I haven't lived in for 2 years now. So I moved out in 2018.
What I would like to know where is sit in getting this off my credit report? I have requested a N244 form from CCBC to challenge the parking fine. The parking fine I believe is for parking a business centre. However I work at said businees centre and I have a parking permit and I always park in the same allocated spot. So the fine is just wrong.
Please what should I do next?

*****************FOLLOWING IS AN EDIT FROM ORIGINAL POST SHOWING UPDATES AND TIMELINE*****************************

1) Contact UKCPM to Set Aside With Consent.

 

Redx

Read the newbies FAQ sticky thread near the top of the forum

Read other set aside CCJ threads where it's all been answered previously

A set aside is either with consent at £100 or a contested set aside for £255 , so decide which you are trying for

Which Parking company ?? CEL ??

sofa_searcher

Redx said:

Read the newbies FAQ sticky thread near the top of the forum

Read other set aside CCJ threads where it's all been answered previously

A set aside is either with consent at £100 or a contested set aside for £255 , so decide which you are trying for

Which Parking company ?? CEL ??

I am not sure which set aside I should go for? The parking company is UKCPM. I just rang them and they are out of office due to COVID. Should fill out the N244 form and the form the forum guildlines as follows? (I will update my original post with the stages below for easy traceability)

1) Pre-action stage:

Action: Send a SAR to the parking company DPO

I did not receive a LBC letter as chances are it went to my previous address. So in the case of UK Car Park Management I need to contact their Data Protection Officer (DPO) to request the information they have on me. For others that may be reading this (as of 19/08/2020) their DPO email address is;

dpo@uk-cpm.com

2) A SAR is free. Ask for (as a minimum):

Action: Find out who the solicitors are for UKCPM and get them to confirm correct “address for service”

The car parking company is UK Car Pak Management Limited. I am not sure who their solicitors are so how do I find out?

3) What if your LBC-stage complaint to the landowner does not get the PCN cancelled?

Action: Sign-up to money claim online (MCOL) to acknowledge service (AOS)

Can I do this straight away?

4) Read and edit Template of Defence

Action: Read and edit template of Defence and add Statement of Truth section

5) Witness Statement

Action: Put together evidence

I will be only witness, is this recommended?

My defence is essentially that the car is in the right allocated car space as provided by my work and UKCPM. I believe my permit was on the dashboard but I have to confirm what is available once the SAR comes back. Is there anything else I need to consider?

 

KeithP

Is there anything else I need to consider?

 Yes. As well as the SAR, you need to instruct UKCPM's Data Protection Officer to erase your old address from all their records, and those of their agents, and replace it with your current address.

You should include a copy of two redacted utility bills to confirm your new address.

Redx

Your set aside is to set aside the CCJ , nothing to do with the parking event or PCN

As I said earlier you can try for a with consent set aside and pay £100 , if they refuse or you wish to fight and defend the original court case then you go for the £255 set aside

The contested one is a 2 stage process

Stage 1) obtaining a set aside due to incorrect service of papers

Stage 2) a later hearing to deal with the original court claim regarding the PCN

Stage 2 cannot happen unless you are successful at stage 1

You need to read and follow what you are told here and do some research , don't just five into uncharted waters , learn the process , stop trying to do stage 2 when you have not completed stage 1)

Yes we know it's new to you , I have never had to do it either , but good research and reading good advice is how I know how to reply to you , but I cannot answer your questions above

Decide on your actions first , yes email a SAR to the DPO at ukcpm , to obtain all your data , then decide if you are going for a contested set aside or not (if you are going to dispute the court case , or not)

You cannot do the AOS because that ship sailed long ago , but you will need to adapt the template defence if you are contesting the original court claim at stage 2 if successful at stage 1

Read this advice I googled

https://www.stepchange.org/debt-info/ccj/set-aside-ccj.aspx

Umkomaas

I just rang them and they are out of office due to COVID.

That's funny, because COVID hasn't stopped them issuing PCNs!  There was never any hope of you getting any sense from them via a phone call. This is a legal process now, everything in writing. A phone call is only worth the paper it's written on.  Standard forum advice, never phone a PPC, never phone a debt collector. 

UKCPM solicitors will be Gladstones, who are inextricably linked to the IPC, whose independent appeals service, the IAS, is also part and parcel of the same.  They're all in this thing together - and the motorist is exclusively who they all prey on!  Welcome to the jungle.

Fruitcake

Never 'phone a parking scammer, ever. The best way to contact them is via email. I'm not sure if you need to contact the court before you decide whether you are going with or without consent, but you are required to request a set aside as soon as reasonably possible after finding out about the CCJ.

Your post above is about pre-action or action stages. You are in the post action stage. There is advice in the guide to court about set asides which is what you need to be looking at.

It is not a fine.

There are several defence points you can use including inadequate signage, not the landowner, no standing (no valid contract), non PoFA complaint NTK (only relevant if the driver has not been identified), IPC CoP failures, and anything else you can find.

What has your employer said about this? Are they the landowner? If not, what happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam?

Fruitcake

Is this anything to do with your thread from 2018 about the same parking scammer? If so, ask a board guide to merge them.

Coupon-mad

Is there anything else I need to consider?

Yes. As well as the SAR, you need to instruct UKCPM's Data Protection Officer to erase your old address from all their records, and those of their agents, and replace it with your current address.

You should include a copy of two redacted utility bills to confirm your new address.

 

As above from KeithP.

You know the email address for the SAR and change of address for UKCPM because the NEWBIES thread tells you where to find that, in the section about a SAR.  We won't be linking it.  There are no other emails available for UKCPM so why not (as well as getting your address updated and asking for a SAR) also tell them you are going to seek a set aside due to their failure to taken reasonable steps to locate your address for service and as such, will they consent?   

Give them seven days and stop phoning them.  If they fail to reply, crack on with the £255 set aside and try to get the Judge to Order that they pay it back to you when you get the CCJ set aside at the first hearing - like you see in the example set aside threads linked in the NEWBIES THREAD.

When we say 'ask them if they will consent' WE DO NOT MEAN THAT YOU ARE MEANT TO PAY THE PCN OR AGREE TO ANY SUCH THING.

sofa_searcher

Fruitcake said:

Is this anything to do with your thread from 2018 about the same parking scammer? If so, ask a board guide to merge them.

Could you please point me to a board guide to get threads merged? 

Fruitcake said:

Never 'phone a parking scammer, ever. The best way to contact them is via email. I'm not sure if you need to contact the court before you decide whether you are going with or without consent, but you are required to request a set aside as soon as reasonably possible after finding out about the CCJ.

Your post above is about pre-action or action stages. You are in the post action stage. There is advice in the guide to court about set asides which is what you need to be looking at.

It is not a fine.

There are several defence points you can use including inadequate signage, not the landowner, no standing (no valid contract), non PoFA complaint NTK (only relevant if the driver has not been identified), IPC CoP failures, and anything else you can find.

What has your employer said about this? Are they the landowner? If not, what happened when you complained to the landowner?

Have you complained to your MP yet about this unregulated scam?

My employer is not the land owner and when i contact the landowner they said I should contact the parking company.
I haven't complained to my MP as of yet but will do once I send out the SAR for asking for a set aside with consent

sofa_searcher

Redx said:

Your set aside is to set aside the CCJ , nothing to do with the parking event or PCN

As I said earlier you can try for a with consent set aside and pay £100 , if they refuse or you wish to fight and defend the original court case then you go for the £255 set aside

The contested one is a 2 stage process

Stage 1) obtaining a set aside due to incorrect service of papers

Stage 2) a later hearing to deal with the original court claim regarding the PCN

Stage 2 cannot happen unless you are successful at stage 1

You need to read and follow what you are told here and do some research , don't just five into uncharted waters , learn the process , stop trying to do stage 2 when you have not completed stage 1)

Yes we know it's new to you , I have never had to do it either , but good research and reading good advice is how I know how to reply to you , but I cannot answer your questions above

Decide on your actions first , yes email a SAR to the DPO at ukcpm , to obtain all your data , then decide if you are going for a contested set aside or not (if you are going to dispute the court case , or not)

You cannot do the AOS because that ship sailed long ago , but you will need to adapt the template defence if you are contesting the original court claim at stage 2 if successful at stage 1

Read this advice I googled

https://www.stepchange.org/debt-info/ccj/set-aside-ccj.aspx

Having read some examples on setting aside a CCJ I have decided to Set Aside the CCJ with Consent. Reason being I'd like to put this behind me as quickly as possible.
Question
1) In my SAR do I include utility bills showing my current address?
2) In the same SAR going to the DPO, should I ask for a CCJ Set Aside with Consent or should I do this separately to another UKcpm email (e.g. info@uk-cpm.com)? If they decline then after 7 days I can send off the N244 form with my witness statement?
3) I just confirmed that my car (v5c) is registered to my parents address which is in Essex, Address_A. However the parking tickets, first issue 02/07/2018, and claim, claim raised on 11/11/2019, has been raised on a previous address, Address_B, that I no longer live at. I received the parking ticket whilst I was at Address_B but I moved out of Address_B in Oct 2018 and now live in Address_C. I have not received any correspondence, particularly the court claim, at Address_A or Address_C. In fact, I erroneously received another parking fine from parking eye at Address A that was dismissed by Morrison with no problem. Is my current situation an issue? When providing evidence should I provide my current address at Address_C and show that my v5c form is registered at Address_A?
4) Is it advisable to contact a solicitor? I am bit stressed out at the moment from this situation on top of my job which is currently very busy and stressful.