Need help with CCJ Set Aside and issues relating to SAR

Jeff_Goldblum

henrik777 said:

What facts did the claimant have in their possession at the time the filed the claim(s)

If they had previously written to you at a newer address than the one they used on a claim form they're in a world of pain. You'll be in as strong a position as you possibly could be for a set aside.

None of those items you mention would be in their possession (or knowledge?)

Sure they prove you moved etc but I'm struggling to see how these documents show the claimant knew ?

However a dated letter from them with a different address is absolute gold, if you have it.

I did not let the claimant I had moved to my current address when I moved houses - I did notice on your N244 WS draft you did mention that. I am concerned that this will prevent me from getting the judgement set aside.

Alas, I will go on:

Lived at Address 1 until August 2018.
Lived in address 2 until June 2019.
Moved to address 3 (current address from then).

I do have correspondence from address 1 (PCNs) for 01/08/2018, 13/08/2018, 14/08/2018 and 15/08/2018 - they have filed a CCJ at this address - confirmed from court and Trust Online.

I do not have any correspondence from address 2 (either they didn't know it or they were thrown in the bin) but I do know that they filed a CCJ at this address  - confirmed from court and Trust Online - this is for PCN on 10/08/2018

I have not received any correspondence from them in address 3.


Even though I do not have a letter from them at address 2, surely they must have known I was living in a different address if they issued the 10/08/2018 PCN at address 2?

However when doing SAR as recommended by these forums they did state the exact following: 

"Whilst there is some data that we are able to send out to you without verifying your identity as it is linked on our system to your name and address"

The address I provided them for the SAR was address 3 so surely this shows they had this data on record but didn't bother contacting me at this address.

Any help you can provide will be greatly appreciated. 

nosferatu1001

Most people haven't let the claimant know when they move. 90 percent or more are the same as you. You WILL know this from reading other set aside threads - a couple dozen by now 

henrik777

Jeff_Goldblum said:

henrik777 said:

What facts did the claimant have in their possession at the time the filed the claim(s)

If they had previously written to you at a newer address than the one they used on a claim form they're in a world of pain. You'll be in as strong a position as you possibly could be for a set aside.

None of those items you mention would be in their possession (or knowledge?)

Sure they prove you moved etc but I'm struggling to see how these documents show the claimant knew ?

However a dated letter from them with a different address is absolute gold, if you have it.

I did not let the claimant I had moved to my current address when I moved houses - I did notice on your N244 WS draft you did mention that. I am concerned that this will prevent me from getting the judgement set aside.

Alas, I will go on:

Lived at Address 1 until August 2018.
Lived in address 2 until June 2019.
Moved to address 3 (current address from then).

I do have correspondence from address 1 (PCNs) for 01/08/2018, 13/08/2018, 14/08/2018 and 15/08/2018 - they have filed a CCJ at this address - confirmed from court and Trust Online.

I do not have any correspondence from address 2 (either they didn't know it or they were thrown in the bin) but I do know that they filed a CCJ at this address  - confirmed from court and Trust Online - this is for PCN on 10/08/2018

I have not received any correspondence from them in address 3.


Even though I do not have a letter from them at address 2, surely they must have known I was living in a different address if they issued the 10/08/2018 PCN at address 2?

However when doing SAR as recommended by these forums they did state the exact following: 

"Whilst there is some data that we are able to send out to you without verifying your identity as it is linked on our system to your name and address"

The address I provided them for the SAR was address 3 so surely this shows they had this data on record but didn't bother contacting me at this address.

Any help you can provide will be greatly appreciated. 

Yeah the 2nd claim proves that but it doesn't show when they knew only that the did when the form was issued. Is there much of a gap between the 2 claim forms ?

The other information is helpful to showing a good reason to set aside under 13.3 though.

Jeff_Goldblum

henrik777 said:

Jeff_Goldblum said:

henrik777 said:

What facts did the claimant have in their possession at the time the filed the claim(s)

If they had previously written to you at a newer address than the one they used on a claim form they're in a world of pain. You'll be in as strong a position as you possibly could be for a set aside.

None of those items you mention would be in their possession (or knowledge?)

Sure they prove you moved etc but I'm struggling to see how these documents show the claimant knew ?

However a dated letter from them with a different address is absolute gold, if you have it.

I did not let the claimant I had moved to my current address when I moved houses - I did notice on your N244 WS draft you did mention that. I am concerned that this will prevent me from getting the judgement set aside.

Alas, I will go on:

Lived at Address 1 until August 2018.
Lived in address 2 until June 2019.
Moved to address 3 (current address from then).

I do have correspondence from address 1 (PCNs) for 01/08/2018, 13/08/2018, 14/08/2018 and 15/08/2018 - they have filed a CCJ at this address - confirmed from court and Trust Online.

I do not have any correspondence from address 2 (either they didn't know it or they were thrown in the bin) but I do know that they filed a CCJ at this address  - confirmed from court and Trust Online - this is for PCN on 10/08/2018

I have not received any correspondence from them in address 3.


Even though I do not have a letter from them at address 2, surely they must have known I was living in a different address if they issued the 10/08/2018 PCN at address 2?

However when doing SAR as recommended by these forums they did state the exact following: 

"Whilst there is some data that we are able to send out to you without verifying your identity as it is linked on our system to your name and address"

The address I provided them for the SAR was address 3 so surely this shows they had this data on record but didn't bother contacting me at this address.

Any help you can provide will be greatly appreciated. 

Yeah the 2nd claim proves that but it doesn't show when they knew only that the did when the form was issued. Is there much of a gap between the 2 claim forms ?

The other information is helpful to showing a good reason to set aside under 13.3 though.

Thanks again Henrik. 

Both claims were issued on 8th September 2020. Will this be an issue at all? 
Also, I did notice on your N244 template for WS it does mention contacting the claimant prior to filing the N244.
Do I have to do this? 

Castle

Was this a BPA or IPC parking company?

Coupon-mad

Both claims were issued on 8th September 2020. 

So - assuming the Defendant's name, town/area and car registration (and location of breach?) were the same, they carried out no due diligence and indisputably knew at least one address MUST be wrong. Then you can explain why they should have had reason to conclude they were BOTH old addresses and a simple trace would have found you because you were not hiding from any debts and knew nothing about it.

I did notice on your N244 template for WS it does mention contacting the claimant prior to filing the N244.
Do I have to do this? 

always a good idea, yes, as explained in henrik's replies to people ad infinitum!

nosferatu1001

It's not an issue for you! 

Think about it

Theynfiled TWO claims for the SAME PERSON but at TWO addresses. They therefore knew at least ONE address was wrong! They filed a claim, stating under penalty of perjury that the address was right. But they knew - or should have known, with reasonable diligence- that it wasn't. 

Jeff_Goldblum

Castle said:

Was this a BPA or IPC parking company?

This was for a BPA company. Does this change things at all?

Castle

Jeff_Goldblum said:

Castle said:

Was this a BPA or IPC parking company?

This was for a BPA company. Does this change things at all?

This is what the BPA' s latest Code of Practice says under 24.1c;-
"Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the contact details for the person you are writing to are correct".

Jeff_Goldblum

I cannot thank everyone here enough for their help.
I do apologise if this has been asked frequently but I have scoured the forums trying to find an answer.
In the template draft order, it states:

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX the claim will be struck out without further order.

4. If the Claimant serves the claim form as directed in paragraph 3 the Defendant shall file and serve a defence by 4pm XXXXXX

What is a reasonable time frame for me to put here?
14 days as outlined later in the template? And if so, do I put this for both the Claimant and my defence?
eg if I sent the N244 today, would I put 02/12/2020?

Thanks again guys!