CCJ. Parking fine sent to old address

Coupon-mad

 How do I ask them to agree to it, without saying I will pay off the fines?

I already told you that...but your thread is so long you've probably missed it.    I wrote it for you (if you ignore the bit about 'two claims' in the reply about that). 

I explained why it has value to them to consent, rather than them being ultimately ordered to pay £255 if you have to proceed without consent, in a case where it is clear they simply relied on old DVLA data and took no reasonable steps to check your address before filing the claim.

Olive_j

Hi all, I have emailed the one car park owner asking for a set aside and for them to respond within 7 days. 

If they do not get back to me within 7 days, should I also send the set aside request to VCS or go straight to N244? 

When asking for the set aside is this sent just to the parking company, or to the solicitors also? 

I have emailed Northampton Court and asked them to send information relating to the cases. Is this sufficient, or should I call/do anything else to gain the information the court has?

I have sent a SAR to both Parking companies. When requesting details from the DVLA (I’d like to check date changes with them), is this also done via a SAR?

Thank you!  

Redx

1) it's the claimant parking company who obtained the CCJ , not the landowner , so requests go to the parking company

VCS in one of your 2 separate cases , if VCS are the parking company with the CCJ ( judgment ) in case number one

The CCBC only has the claim form and judgment , there is nothing else in their files


For the DVLA, checkout the post by Umkomaas in numerous threads , repstd in here only yesterday


https://forums.moneysavingexpert.com/discussion/6276993/county-court-business-centre#latest

Coupon-mad

The parking firm are not the owners. You mean you asked the Claimant parking firm to consent?  Oh no, I see you didn't:

Hi all, I have emailed the one car park owner asking for a set aside and for them to respond within 7 days. 

If they do not get back to me within 7 days, should I also send the set aside request to VCS or go straight to N244? 

You were meant to COMPLAIN to the landowner not ask them to set aside a CCJ that has nothing to do with them. They won't even know what you are talking about!  You were meant to just write a complaint email and ask for their support, and for them to contact VCS to ask VCS to agree to your set aside.

You were also meant to go straight to VCS and ask them to consent now...not hang about.

Look how easily these new posters are grasping it all:

https://forums.moneysavingexpert.com/discussion/6281054/ccj-issued-to-old-address-knew-about-pcn/p1

https://forums.moneysavingexpert.com/discussion/6281509/set-asside-ccj-help/p1

This really is not that hard.  Copy what they are doing.

Olive_j

@Coupon-mad I asked the land owner to agree to the set aside via VCS and I also complained to them. 

I have requested the consent to set aside via VCS which I am about to send. I haven’t mentioned them paying the £100, only for them to consent. I wasn’t sure how to play it. 

I am glad others are finding it much easier than I am! 

Olive_j

The court has sent me details. 

THE CLAIMANT CLAIMS £100 FOR THE PCN, £60.00 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUTORY INTEREST OF £12.32 PURSUANT TO S69 OF THE COUNTY COURTS ACT 1984 AT 8.00% PER ANNUM, CONTINUING AT £0.04 PER DAY.”

So they’ve added the additional £60 charge. I’ve checked and both my v5 and electoral role were at our current address when this one was issued so I’m not worrying about this one.  

Coupon-mad

Sounds like you are getting there. Yes they always add £60 but they haven’t paid it to anyone and it won’t have been on the signs so never contractually agreed. 

Even if the £60 was on signs, they still can’t add costs they’ve never expended, there’s a word for that!

 Also, even if they’d paid a third party £60 to send some ‘recovery’ letters (they haven’t but I am just explaining all answers) they still can’t add that on top of £100 parking charge.  The Beavis case paras 98, 100, 193 and 198 tell us that, so do paras 419-425 in ParkingEye v Somerfield and so does Schedule 4 of the POFA 2012. The parking charge itself is the maximum recoverable, plus only court fees.

if a PPC wanted to pay a 3rd party to send some of the letter chain (to rack up the fear in consumers hearts) they’d have to share the £100 recoverable sum, not artificially enhance it and charge the consumer. 

There are no late fees regulations for consumers, only in business contracts and the point is, the £100 already includes a late payment enhancement because it starts at £60 for14 days.

Umkomaas

Kind regards

Are you serious?  'Kind regards' to an organisation that has sued you, gained a county court judgment and has screwed up your credit rating?  A business letter should be 'Dear Sirs/Yours faithfully'. 

I've skimmed the contents of your request - too lengthy.  All the legal 'precedents' and their synopses are unnecessary - keep those for the courtroom. 

If I do not hear back from you by 4pm on Monday 19th September 2021

Far too long a deadline. Give them 7 days (14 at most). You have to have your set aside application in without delay. They will filibuster to drag out to September, leaving you with the job of explaining to a Judge your reasons for delay. They don't care!

Olive_j

Umkomaas said:

Far too long a deadline.

Oops that was a mistake, thanks for pointing it out. 

Should I also remove reference to CPR 13.2 etc? 

henrik777

If you are asking for consent, as you should, then explaining the reason they should is definitely the way to go.

I'd include this too. 

https://theipc.info/brandings/2/resources/documents/Code_of_Practice_v8.pdf

22 Debt and Debt Collection 22.1 Operators must take reasonable steps to ensure that the Motorist’s details are still correct if 12 months have passed from the Parking Event before issuing court proceedings.