CP Plus Claim

littlepea1

Hi Everyone,

Brief background:

Oct 2016 PCN from CP Plus which was ignored. Moved Feb 2017 and on advice of MSE forum, I notified both CP Plus and the debt recovery company (DRP) they were using at the time of an address change (at no point acknowledging the legitimacy of the PCN or if I was the driver). 

I then heard nothing until a few months back when they sent some debt recovery letters.

Today I received a County Court Claim for for a total of £302.40 (£170 claim, interest, court fee, legal costs) dated 14/01/21. 

I don't think I have ground to set aside. Letters were sent to my address, and I received all the claims. Perhaps there is a legal argument to be made about signage etc, however I don't think I have the time to mount a defence, return to the site etc. 

I am looking for advice on how to manage this so that my credit score is not effected, and the easiest route to this. There is a lot of great information on this forum, but I can't currently afford the time to put a defence together and fight this in court due to personal circumstances.  I may be missing something simple and any advice at all would be appreciated. 

To summarise I'm looking for the path of least resistance to settling this without a CCJ on my record. Thank you o much for any help. 

BrownTrout

You dont have a ccj, you dont need to do a set aside, read the newbies thread
CP Plus court claims a soooo easy to win, if done correctly.

KeithP

littlepea1 said:

Today I received a County Court Claim for for a total of £302.40 (£170 claim, interest, court fee, legal costs) dated 14/01/21.  

With a Claim Issue Date of 14th January, you have until Tuesday 2nd February to file an Acknowledgment of Service. If possible, do not file an AoS before 20th January, but otherwise, there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS in a timely manner, you have until 4pm on Tuesday 16th February 2021 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.



Just for the record, this thread appears to be a continuation of the thread entitled CP Plus, DRP, and moving house. That thread has been closed.

Coupon-mad

 I'm looking for the path of least resistance to settling this without a CCJ on my record.

Obviously defend it, this is why we are here and why we have a template defence.  It's never been easier to defend a PPC scam claim.

Could you please ask a BOARD GUIDE like Soolin to edit your thread title because you don't have a CCJ and won't have one.  It will confuse the regulars here every single time they click on your thread until you have won.  So please change it but I doubt you can edit it yourself. - get rid of that acronym CCJ.

D_P_Dance

Have you brought this to the attention of your MP?

littlepea1

Just an update. AOS done. Starting a defence. Requested SAR and sent utility bill with it. They have come back asking for photo ID, DVLA confirmation (I don't own the car anymore which makes this a pain) I know I don't need to send either. What do I go back to them with. Just the threat of a complaint to the ICO? Could do with what info they have. 

Coupon-mad

Complain to the BPA using their complaint Portal and point out that Steve Clark of the BPA recently said this about another SAR complaint where excessive ID was being demanded (and photo ID is excessive, they do not need your damn photo):

 
·        Not responding to a SAR is not a breach of our Code of Practice and neither is it for the BPA to judge whether LCPM are in breach of the GDPR.
 
·        The ICO are the body who will determine whether the PPC are in breach of the GDPR and if the operator is found to be, we would review this position.
 
·        However I have an expectation that our members should seek to co-operate as much as possible with motorists who wish to challenge the validity of a Parking Charge Notice that they have received - responding to a SAR would be part of this.
 
·        I can understand that the PPC may not be willing to provide you with a SAR response until they have established your identity as the data subject, this is a reasonable proposition. That said if the address on your PCN is the same as the address on your supplied V5C, and in turn the same as the address that you wish to have your data sent to, I believe that it is right for us to investigate for you.
 
·        As I said, once we have investigated, we will be in touch again.

 
Thanks again for writing to me.
 
All the best
 
Steve Clark FBPA
Director of Operations and Business Development

NB: Steve Clark is no longer handling complaints about AOS members and their complaints Portal is the place to start, but DO MAKE SURE YOU INCLUDE STEVE CLARK'S WORDS and ask for a consistent response in your case too.

I'd also email the DVLA and ask them to confirm that you were the keeper of xxxxxx (VRM) registered to xxxxxx xxxxx (address from (date to date).

Fruitcake

In addition to the above, the ICO says that photo' ID is not required. The scammers have nothing to compare it to. They do not have a database of every person in the country's physog. 
They want it in the hope they can match it to any photos they have of the alleged event so they can sneakily identify the driver.

nosferatu1001

As above, you seem to have gone from 0-CCJ here
If you truly havea  claim form - and you know what they look likem, and they helpfully say claim form on there! - then you do not have a CCJ. The J is judgement

1505grandad

Per GOV.UK:-

CCJs and your credit rating

If you get a county court judgment (CCJ) or a high court judgment, it will stay on the Register of Judgments, Orders and Fines for 6 years.

littlepea1

nosferatu1001 said:

As above, you seem to have gone from 0-CCJ here
If you truly havea  claim form - and you know what they look likem, and they helpfully say claim form on there! - then you do not have a CCJ. The J is judgement

Sure, I understand that now. As you said it was pointed out before. The title was more about my concern with what I believed could be an impending CCJ, and appreciate now that it could be misleading