Fighting a UKCPM CCJ Help

sofa_searcher

Email to be sent to Gladstones first thing tomorrow morning.
I will be disputing the Parking Charge Notice (PCN) claim so please amend the attached Consent Order accordingly to reflect the fact that the claim, having been defectively served, was never served. Once amended please return so that I may review and complete, provided that I am satisfied with the amendments or terms.

As the claim was defectively served, you as the Claimant should take responsibility for submitting the N244 application with the completed Consent Order, bearing the £100 administration cost with the County Court directly. At the time of submission please do copy me into the email using this address, #######@######.com.

As time is of the essence, I will be compelled to file a N244 application with the County Court at a cost of £255 if we fail to come to an agreement and the N244 application has not been submitted with the County Court by 28th August 2020. My application with the County Court shall seek for reimbursement of all associated application costs from yourself, the Claimant.

Information gathered from my Subject Access Request (SAR) from the Data protection officers (DPO) for your client, UKCPM, has revealed that I have a strong case in getting the initial PCN dismissed. 

As per the attached pictures I was parked in a parking space allocated to xxxxx, my employer, as indicated in the attached car park schedule. Do note that the parking space to date is allocated to xxxxxx.

Lastly, in your previous email you claimed that the DVLA had supplied you with an address but information from my current and previous V5C contradicts your claim. Please can you confirm how my previous address was obtained?

Coupon-mad

Coupon-mad said:

Why not just reply to Gs and tell them you will be disputing the claim and can they amend the Order accordingly, to reflect the fact that the claim, having been defectively served, has therefore never been served. Thus, if the Claimants wish to re-issue the claim, they undertake to issue it without unreasonable delay, to the current address for service now known or to confirm it will not be pursued.

As above.

I can't see that you've answered their question about whether you are disputing the claim and I can't see you've added the words I suggested, about their client having to start again with a new claim to your new address, should they decide to proceed.

sofa_searcher

Coupon-mad said:

Coupon-mad said:

Why not just reply to Gs and tell them you will be disputing the claim and can they amend the Order accordingly, to reflect the fact that the claim, having been defectively served, has therefore never been served. Thus, if the Claimants wish to re-issue the claim, they undertake to issue it without unreasonable delay, to the current address for service now known or to confirm it will not be pursued.

As above.

I can't see that you've answered their question about whether you are disputing the claim and I can't see you've added the words I suggested, about their client having to start again with a new claim to your new address, should they decide to proceed.

I just got the following response
"Thank you for your correspondence.  

 We confirm our Client will not be paying the Court fee of £100 for filing of the consent order, the claim was served in accordance with CPR 6.9 at the address you provided on both of your appeals direct to our Client - it was your responsibility to notify our Client when you changed address as our Client had no way of knowing you had moved.

 Our Client's position remains that it is for you to pay the filing fee of £100 but we are happy to amend and file the consent order provided you pay the fee amount prior to filing."

Shall i proceed with filling the N244 application at cost of £255 and seeking for the claimant to pay it?

sofa_searcher

Should I ask for them to dismiss the claim if I pay the £100 N244 consent fee?

Coupon-mad

If they are prepared to consent then get them to amend the Order.  Do not agree to pay the PCN.

nosferatu1001

sofa_searcher said:

Should I ask for them to dismiss the claim if I pay the £100 N244 consent fee?

You can ask. That measn theyre accepting there is no claim to go any further. 

henrik777

at the address you provided on both of your appeals direct to our Client

Is there any truth in their claim ?

sofa_searcher

henrik777 said:

at the address you provided on both of your appeals direct to our Client

Is there any truth in their claim ?

The tickets were issue in July and the last contact I had with them, was in August.

Gladstones first agreed they had defectively served the papers and obtained the address from DVLA. Now they are trying to change their story. They are crooked. I'll be putting my witness statement and draft defence for review so I can sent it off by Friday

nosferatu1001

Make sure you detail where they have changed their story, and evidence it

henrik777

sofa_searcher said:

henrik777 said:

at the address you provided on both of your appeals direct to our Client

Is there any truth in their claim ?

The tickets were issue in July and the last contact I had with them, was in August.

Gladstones first agreed they had defectively served the papers and obtained the address from DVLA. Now they are trying to change their story. They are crooked. I'll be putting my witness statement and draft defence for review so I can sent it off by Friday

You didn't answer what i thought i was asking ?

They said you provided that address during your appeals, i'm asking if you did.