Excel - Set aside WON & CASE WON - Excel defeated AGAIN!

Coupon-mad

Looks fine, but like I said, they will likely ask for the PCN (around £125) to paid, which is NOT what we encourage.  Up to you.  They'll make it sound like they are doing you a favour.   They are not.

Personally, I'd say thanks but no thanks, and then crack on by the 2nd week in July, no later.

milkybk

Coupon-mad said:

Looks fine, but like I said, they will likely ask for the PCN (around £125) to paid, which is NOT what we encourage.  Up to you.  They'll make it sound like they are doing you a favour.   They are not.

Personally, I'd say thanks but no thanks, and then crack on by the 2nd week in July, no later.

Thank you, will send this morning. 

Don't worry, I'm not accepting their offer, I'm happy to have my day in court during the set aside hearing. I will be moving forward with this, will post in here as I build the additional documentation recommended to send with the N244. The main reason I want to contact them is to show the Judge I have always promptly communicated with them, when they send correspondence to my correct address!

Should I also send a SAR? As they still haven't provided me with all the pictures etc.

milkybk

Hi - thought I would update the thread. I'm sending 3 emails today. I'll put them in spoilers to reduce the post size. This is after following advice in this thread and reading through the sticky newbie thread. Feels like it's worth posting, as it may help others at some point. This is all new to me too, so it gives experienced posters a chance to critique me, which will only improve my ability to successfully defend this case.

SAR to Excel:

From:
XXX

To:
The Data Protection Officer,
Excel Parking Services Limited,
P1 Europa Link,
Sheffield Business Park,
Sheffield,
S9 1XU.
 
Dear Sir or Madam,

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

Parking Charge Notice Number: XXX
Issue date: XXX
Vehicle: XXX
Appeal date: XXX
 
My previous address:
XXX
 
Please supply the data about me that I am entitled to under data protection law relating to myself:
- All photos taken
- All letters/emails sent and received, including any appeal correspondence earlier
- A PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this; follow it up if they refuse).
- All data held, all evidence you will rely on, and a full copy of the PCN, NTK
- A list of all PCNs outstanding against you and/or this VRN – please note that any claim must be for all PCNs, not several separate claims.
 
If you need any more data from me to confirm my identity, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.
 
Yours faithfully,
XXX

SAR to ELMS Legal LTD (as they have launched a case against me, therefore may have info):

From:
XXX
 
To:
The Data Protection Officer,
ELMS Legal LTD,
31 Handley Street,
Sleaford,
Lincolnshire,
NG34 7TQ.
01529 406097
 
Dear Sir or Madam,

Subject access request ( Data Protection Act 2018 / General Data Protection Regulations (GDPR) )

Parking Charge Notice Number: XXX
Issue date: XXX
Vehicle: XXX
Appeal date: XXX
 
My previous address:
XXX
 
Please supply the data about me that I am entitled to under data protection law relating to myself:
- All photos taken
- All letters/emails sent and received, including any appeal correspondence earlier
- A PDT machine record from that day, of payments made (VRNs can be partially redacted but insist on getting this; follow it up if they refuse).
- All data held, all evidence you will rely on, and a full copy of the PCN, NTK
- A list of all PCNs outstanding against you and/or this VRN – please note that any claim must be for all PCNs, not several separate claims.
 
If you need any more data from me to confirm my identity, please let me know as soon as possible. It may be helpful for you to know that data protection law requires you to respond to a request for data within one calendar month.
If you do not normally deal with these requests, please pass this letter to your Data Protection Officer, or relevant staff member. If you need advice on dealing with this request, the Information Commissioner’s Office can assist you. Its website is ico.org.uk or it can be contacted on 0303 123 1113.
 
Yours faithfully,
XXX

Email to ELMS regarding debt advice - as per newbie thread:

From:
XXXX
 
To:
The Data Protection Officer,
ELMS Legal LTD,
31 Handley Street,
Sleaford,
Lincolnshire,
NG34 7TQ.
01529 406097
 
Dear Sir or Madam,
I am seeking debt advice, but I deny any debt and the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017. This pertains to the following case:

Parking Charge Notice Number: XXX
Issue date: XXX
Vehicle: XXX
Appeal date: XXX
 
My previous address:
XXX
 
Please note:
(a)    I have sent your client and yourselves a SAR.
(b)    I have also sent your client and yourselves a set aside request for the CCJ, which you submitted on the 3rd of September 2020.
(c)    I presume all your previous correspondence, including that of court proceedings and CCJ intent, has been sent to my previous address and therefore I haven’t received it. I haven’t lived at the aforementioned address since November 2017, which is over 3 years and 8 months ago. Therefore, please find my current address at the head of this letter and below:

XXX

Yours faithfully,
XXX

My next job is to get my N244 together and submitted, which I am already in the process of doing.

Coupon-mad

Email to ELMS regarding debt advice - as per newbie thread:

Nope, you are not at Letter before Claim stage.

But do send the PPC (NOT THE SOLICITOR) a SAR by email right now!

milkybk

Coupon-mad said:

Email to ELMS regarding debt advice - as per newbie thread:

Nope, you are not at Letter before Claim stage.

But do send the PPC (NOT THE SOLICITOR) a SAR by email right now!

Cool, thank you, done.

I've also sent the set aside request to Excel, that I posted yesterday. 

milkybk

So I'm preparing my N244, so I can submit it on Friday this week if I haven't heard back from Excel. Had a couple of questions for people. My understanding, after reading the threads linked in the newbies section, is I need a couple of things with my N244:

1. A draft 6 point order
2. A witness statement

I have draft copies of these below:

6 point order:

N THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

CLAIMANT’S NAME

Claimant
– and –
Defendant

YOUR NAME
_________________________________

DRAFT ORDER
_________________________________


Upon reading the defendant’s application dated ……………….

It is ordered that:

1. The judgment dated [insert date of judgment] be set aside.

2. The Claimant to pay the Defendant’s costs of this application on an indemnity basis.

3. Unless the Claimant serves a copy of the Claim Form on the Defendant by 4pm on XXXXXX paragraph 2 shall cease to have effect and the Claimant shall pay the Defendant's costs summarily assessed at £255 and the claim shall be struck out.

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

5. All enforcement be put on hold pending the outcome of the application.

6. Should the court reserve costs in the case as an alternative to paragraph 2, such costs of this application will become payable if the claimant discontinues it's claim.

So couple of questions on this draft order. My main one is do I leave most of this as a draft (given that's what it is, I assume this is the case)? If not, can someone clarify the points below (sorry for silly questions):

Q1) Upon reading the defendant’s application dated - this is obviously going to be the date I submit my N244 to the court?
Q2) In point 3 - When giving a deadline, this would be 7 days from the date I answer to my Q1 (when I submit the N244 to court)?
Q3) In point 4 - What date do I enter here?


Witness Statement

N THE XXXXXXXXXXXXXXXXX COUNTY COURT

Claim No. XXXXXXXX

BETWEEN:

CLAIMANT’S NAME

Claimant
– and –
Defendant

YOUR NAME
_________________________________

WITNESS STATEMENT OF YOUR NAME
_________________________________

I , YOUR NAME of YOUR ADDRESS , being the Defendant in this case will state as follows;

1. I make this Witness Statement in support of the application for an order that the judgment in this case (Claim No. XXXXXXXXXXX Judgment dated 03/09/2020) be set aside.

2. I learnt of the existence of this claim on the 29th of June 2021 when I received a letter from an Enforcement Agent (DCBL) requesting payment of the judgment detailed in paragraph 1. [EXHIBIT A]

3. My address changed in DATE and a redirection service was in place from DATE to DATE / I informed the Creditor that I had moved house in writing/telephone on DATE. // I was admitted to hospital on DATE until DATE and had no knowledge of the claim until DATE// I was out of the country on business // [EXHIBIT B]

4. Any further information about why you did not defend/acknowledge originally

5: On DATE I made a written/telephone request to the Claimant/Solicitors inviting them to consent to set aside the judgment due to the reasons in paragraph 4.

6. The Claimant did not respond to my request / turned down my request.

7. I therefore respectfully request that the Court sets aside the judgment in this claim and allows 14 days for me to submit my defence.

Statement of Truth:

I, YOUR NAME, the Defendant, believe the facts stated within this Witness Statement to be true.

Signed: ________________________________
Dated: ________________________________

In section 3 - I believe I had a redirect service active, I usually have one running for 6 months. However I can't find a receipt of this, therefore my statement for this section will simply read "My address changed in November 2017". Will this harm my defence? Should I expand on it e.g. mention my credit report, license etc being up to date with my new address?

Also in point 5 - it states made a telephone/writing request to set aside - I sent an email? Should I print this off and send a copy 1st class recorded today via post? I can do so easily if required. I can also do the same with the SAR if required.

Thanks for your continued help. 

Le_Kirk

Make sure it is a Word document so that the judge can complete it.  Apart from the CCJ and application dates leave the others blank for the  judge to fill in.

milkybk

Le_Kirk said:

Make sure it is a Word document so that the judge can complete it.  Apart from the CCJ and application dates leave the others blank for the  judge to fill in.

Perfect, thank you. With regards to the final question in my previous post - would you recommend I send my SAR and set aside request to Excel via post as well as email (currently I've only done the latter)? Only asking due to wording in the draft witness statement etc. 

Le_Kirk

If you send by both methods you have a belt and braces approach, however, if you send by e-mail, you will have proof of sending so is there a need to send by post as well?

KeithP

When sending stuff to both the Claimant and the Court by email it is often suggested on here that the one email is sent to two addressees. So if one addressee receives the attachments then it is highly unlikely that the other addressee didn't receive them.