Moto-CP Plus / DCBL

Half_way

Coupon-mad said:

You need to send a complaint to MOTO and tell them what their horrific parking firm has done to you.  MOTO are cancelling these but they can't magic away a CCJ.  They need to hear about people with CCJs and take some responsibility for their out of control greedy contractor. And kick them out.

I am not convinced I would pay this huge amount, personally.   I know it avoids the CCJ but it's a massive sum to fork out and we saw a court return a N244 saying there was no CCJ to set aside, in a case where someone paid.

I would try for an uncontested set aside with MOTO paying the £100 fee and telling CP Plus to agree, because they used an old address and MOTO would have cancelled it all along, had CP Plus bothered to check and find your newer address, as they had a duty to do before filing a court claim.

You should send a complaint to MOTO, as principal they are jointly and severally liable for the actions of their agents

You should tell MOTO what has happened - you informed their agents, CP plus of your new details, however they disregarded these details and used old inaccurate data to issue a court claim - despite subsequently sending correspondence to your new address using the up to date information .

 GDPR states that personal data must be accurate, and as a result of the actions of MOTO's agents breaching GDPR you are now out of pocket/facing costs of £XXX.XX to rectify the situation a cost that you expect MOTO to pay as they are jointly liable for the actions of their agents, you also require that MOTO reports this matter to the Information commissioners office (ICO) 

there's  a guide here https://ico.org.uk/for-organisations/guide-to-data-protection/

 You should also state that you expect MOTO to remove any/all un regulated private parking companies form their sites ( neither the BPA ltd or the IPC are regulatory authorities and as such members of those  private trade associations are not regulated) as prior to the introduction of private parking company's by Motorway Service Area operators issues such as this did not and could not  arise

Thoreind

Quick update on this: zero response by Moto as of yet, so I'm not going to wait for it. As I'm being credit clamped I've decided to pay DCBL (who act as Moto/CP Plus/Nexus Group solicitors), received payment receipt so I can at least get it scrapped of my credit report as it's paid within a month of judgement.

I am going to file for a set aside as even on the phone with DCBL they have it all linked on my old address (funny that as the last 2 letters were sent to my new address where I've been living for over a year now).
The set aside will include a repayment claim of the money paid to DCBL and claim for the CC set aside fee.

*edit*
County court business centre also confirmed the filing dates in writing:

On Wed, 10 Mar 2021, 10:19 CCBC, <CCBC@justice.gov.uk> wrote:

Good morning

Thank you for your email.

Yes, the dates are correct.

If you require any further information please email us or contact our helpdesk. 

Many thanks,

*redacted name*

Correspondence Team

Address:
County Court Business Centre
St Katharine’s House
21 – 27 St Katharine’s Street
Northampton
NN1 2LH

From: *redacted name*
Sent: 02 March 2021 13:21
To: CCBC Fees <ccbcfees@Justice.gov.uk>
Subject: Re: Re

 

Dear *redacted name*,

 

Thank you for the information. Just to confirm as per verbal phonecall they filed it with MCOL/CC on the 1st of February 2021, non response within the 14 day period and ruling on the 24th of February 2021. 

Just so I have my dates right. 

 

Kind regards, 

 

*redacted name*

nosferatu1001

Costs of the set aside fee. Not claim. 

Show us your
-draft n244 setting Out the grounds under cpr13.2 and13.3
- draft order
- WS and exhibits proving your cpr13.2 mandatory set aside

Thoreind

nosferatu1001 said:

Costs of the set aside fee. Not claim. 

Show us your
-draft n244 setting Out the grounds under cpr13.2 and13.3
- draft order
- WS and exhibits proving your cpr13.2 mandatory set aside

Sorry yes that's what I meant. Working on the docs will share them to be reviewed ASAP 👍

woodpecker44

Thoreind - you must be furious. I'm getting annoyed just reading about how a legalised scam you didn't even know about has left you with you credit issues.   
Anyway, not sure who you complained to at MOTO but you need to make sure the CEO Ken.McMeikan@moto-way.co.uk and Commercial Manager Paul.Comer@moto-way.co.uk are involved and get to hear about this very unfair treatment as per
Half-ways and Coupon Mads very apt comments above. 

Umkomaas

And I'd lay it on thick to Ken McM that Moto's agent operator is suing people at the wrong address and leaving them in a financial mess, with the potential for people to fail to obtain mortgages, some will even lose their jobs because of it. Ask if Moto are content to allow their agent to do this to Moto's own customers. Are they aware of the risks to Moto associated with 'vicarious liability'. Suggest they seek legal advice if they are unsure.

Thoreind

Thank you @woodpecker44 and @Umkomaas I'll definitely chase them on a response but I'm not holding my breath. I'll remind my local MP and local councillor as well about this.

Luckily I'm in the fortunate position where I am able to pay and deal with it even if it takes a few months to get it sorted and paid back into my account but these practices are so bad. Reading other threads shows how desperate they are scraping the barrel, squeezing people and essentially credit clamping them. 

Fruitcake

I would remind Boris that Mrs May said she was going to put an end to credit clamping when she was head of the Tory party.
I suggest you jog our PM's memory, tell him your tale, ask him what has been done so far, and ask him why it is still happening.

beamerguy

Fruitcake said:

I would remind Boris that Mrs May said she was going to put an end to credit clamping when she was head of the Tory party.
I suggest you jog our PM's memory, tell him your tale, ask him what has been done so far, and ask him why it is still happening.

https://www.dailymail.co.uk/news/article-3786132/I-ll-end-credit-rating-scandal-pledges-PM-acts-Mail-exposes-rulings-ruined-lives.html