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CCJ. Parking fine sent to old address

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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The Gov website just seems to give the basics 

    There are hundreds of other sites to read.  
    You never know how far you can go until you go too far.
  • Umkomaas
    Umkomaas Posts: 43,537 Forumite
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    Olive_j said:
    Umkomaas said:
    Which parking firm is involved. Sometimes we might know how amenable they are to consent!
    UK Carpark Management Limited. I have an address but no email or telephone number. 
    Cross-posting here. UKCPM are the country's most litigious operator, they sue almost everyone who fails to pay them. 

    You need to ask first to be sure, but they don't spring to mind as being a PPC that will be helpful. But try them with a well constructed 'Consent to Set Aside' email first.  Decide what it is you are prepared to pay - in a spectrum of UKCPM paying the 2x£100 fees and forgetting the parking charges, you paying the 2x£100 and them forgetting the parking charges, through to you paying everything. Remind them that unless you get your way, you will be seeking a contested set aside and applying to the court for UKCPM to pay the costs 2x£255. 

    One step at a time!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 1 July 2021 at 11:53AM
    As above , complaining about the system won't help , not when an MP as PM failed to do so and even Boris got one recently but instructed his lawyer to deal with it !! There are no easy answers for you

    No phoning anyone , everything in writing , by email , do as Umkomaas says above , if looking for a with consent set aside at the least cost , but with the threat of a full blown contested one as plan B

    No filling in the N244 forms yet , unless you go for contested !!

    Plus email a SAR to the DPO at UK CPM attaching copies of 2 recent redacted utility bills as proof of I D under the GDPR law , to obtain all your data , so in writing , by email , no phone calls

    It is likely that UK CPM may have several more PCN s in the offing , or going through the process


  • Olive_j
    Olive_j Posts: 195 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Umkomaas said:
    Olive_j said:
    Umkomaas said:
    Which parking firm is involved. Sometimes we might know how amenable they are to consent!
    UK Carpark Management Limited. I have an address but no email or telephone number. 
    Cross-posting here. UKCPM are the country's most litigious operator, they sue almost everyone who fails to pay them. 

    You need to ask first to be sure, but they don't spring to mind as being a PPC that will be helpful. But try them with a well constructed 'Consent to Set Aside' email first.  Decide what it is you are prepared to pay - in a spectrum of UKCPM paying the 2x£100 fees and forgetting the parking charges, you paying the 2x£100 and them forgetting the parking charges, through to you paying everything. Remind them that unless you get your way, you will be seeking a contested set aside and applying to the court for UKCPM to pay the costs 2x£255. 

    One step at a time!
    Umkomaas said:
    Olive_j said:
    Umkomaas said:
    Which parking firm is involved. Sometimes we might know how amenable they are to consent!
    UK Carpark Management Limited. I have an address but no email or telephone number. 
    Cross-posting here. UKCPM are the country's most litigious operator, they sue almost everyone who fails to pay them. 

    You need to ask first to be sure, but they don't spring to mind as being a PPC that will be helpful. But try them with a well constructed 'Consent to Set Aside' email first.  Decide what it is you are prepared to pay - in a spectrum of UKCPM paying the 2x£100 fees and forgetting the parking charges, you paying the 2x£100 and them forgetting the parking charges, through to you paying everything. Remind them that unless you get your way, you will be seeking a contested set aside and applying to the court for UKCPM to pay the costs 2x£255. 

    One step at a time!
    Thank you very very much. So email them before the N255? 

    Sorry what are the two £100 fees for. I’ve read about it before and can’t think where. Is that where you both pay when you both agree it should be moved? How does this differ from the £255 set aside fee?

    when I email them, should I be providing all of my evidence - bank statements etc, showing they sent them to an old address?
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 1 July 2021 at 11:58AM
    N244 , not 255 , take a break !!

    Emails first , no filling in the n244 forms yet

    With consent carries a £100 charge with each form

    Without consent means a hearing so is charged at £255 per form

    You have two CCJ s plus 2 forms , so twice the charges , both charges are set aside fees , only one applies for each form

    UK CPM won't care about the old address at this time , this is about consent , not the underlying causes
  • Olive_j
    Olive_j Posts: 195 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Redx said:
    As above , complaining about the system won't help , not when an MP as PM failed to do so and even Boris got one recently but instructed his lawyer to deal with it !! There are no easy answers for you

    No phoning anyone , everything in writing , by email , do as Umkomaas says above , if looking for a with consent set aside at the least cost , but with the threat of a full blown contested one as plan B

    No filling in the N244 forms yet , unless you go for contested !!

    Plus email a SAR to the DPO at UK CPM attaching copies of 2 recent redacted utility bills as proof of I D under the GDPR law , to obtain all your data , so in writing , by email , no phone calls

    It is likely that UK CPM may have several more PCN s in the offing , or going through the process


    Thank you so so much. So contact the crooks, I mean parking agency first. Should I ask for them to pay both £100 first and take it from there? If they point blank say no, and I then say I’ll pay the £100, doesn’t this look like I’m backing down and mean they are likely to tell me to stick it again? 

    If they do agree, then I’d fill out a consent form and the CCJ would be dropped? I doubt they’ll be keen to roll over and agree when they already have the CCJ. 
  • Redx
    Redx Posts: 38,084 Forumite
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    Olive_j said:
    Redx said:
    Olive_j said:
    Redx said:
    Olive_j said:
    Is there still urgency for completing in 2 weeks when they are from two years ago and the second from 7 months ago? 
    The urgency is to act promptly , quickly and decisively once you are aware of the two CCJ s , typically within one to three weeks , so it's make your mind up time as to with consent or contested !!  Quickly

    You don't have the luxury of time for set aside applications

    Pointless worrying about the original claims until you are granted set asides , so not eating the whole elephant !!

    It's a two stage court process , different timescales , two different judge's probably !!

    For all you know there may be more PCN s and more court claims , hence the SAR

    SAR takes 30 days or more , DVLA enquiry , 30 days or more , so for set asides assume half of that time , say 15 days


    Arghhh I don’t understand how I decide to do with consent or contested. Does this mean contacting the parking company first to ask them to remove it, or not? Or is it still relating to filling out the N244 form? 

    There are just too many things I don’t fully understand - consent or contested, set aside, N244. 

    I’m totally squashed by the elephant. 
    Capitulation and agreeing to not dispute anything is with consent !! , plus agreeing to pay the two £100 fees plus pay in full the two CCJ s , is not contested , where you rollover , play dead and pay through the nose with blank cheques , you would assume that the parking company would be happy to oblige , costing you maybe £800 in total  ??

    If they don't agree , you have no option apart from the contested route and fight and dispute all the way


    Or you fight and dispute all the way , giving no quarter , arguing about everything due to paying out £255 twice
    So with consent  is saying I’ll pay everything I “owe” but is the CCJ cleared off? £800…. Although it may cost me more than that for a solicitor to help me with the contested route?

    Which route do most people on here take? Contested? Do most use a solicitor or not? 


    Most people use the contested route , and do it themselves , no solicitors

    If you do use a solicitor , you may lose , pay the total , plus pay hundreds to a solicitor too , unless you qualify for reduced fees or no fees if on benefits ??  Yes it is complicated , your circumstances may also complicate it , no easy answers
  • Le_Kirk
    Le_Kirk Posts: 24,761 Forumite
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    You are asking them to consent to set aside, YOU pay the fee to the court.  You might get the 2 x £100 back when you defend the underlying claim later.  If they require you to pay the PCN first, then you should decline.
  • Olive_j
    Olive_j Posts: 195 Forumite
    Fifth Anniversary 100 Posts Name Dropper
    Le_Kirk said:
    You are asking them to consent to set aside, YOU pay the fee to the court.  You might get the 2 x £100 back when you defend the underlying claim later.  If they require you to pay the PCN first, then you should decline.
    So it’s a cheaper route to court? Paying the £100 instead of the £255 fee if they don’t agree. 

    If they do agree, does this mean it is usually rubber stamped by the court? Or do i then still need to prove. And if so, is this my evidence of not living at the address they sent the forms to? 
  • Redx
    Redx Posts: 38,084 Forumite
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    edited 1 July 2021 at 12:56PM
    Now you are going round in circles , different scenarios require different answers , and you have opened Pandora's box !!

    If you decide to go for set aside with consent , you both have to consent with no arguing about the 2 cases or addresses  it's that simple

    Assuming that they do agree to consent , you negotiate a settlement , they will want you to pay everything , so both CCJ s and the two £100 set aside , so let's say up to a grand !! You add it all up , you know the totals involved , I don't , must be over £700 in total ?

    You would wish to pay as little as possible , so they may agree to paying the two £100 fees but I doubt it , but the CCJ s are already on file and so they won't budge on those , imho , other opinions are available !! Lol

    So you might negotiate it down to say £600 or so , but I doubt it , you can but try , I believe that they will expect you to pay £100 times 2 plus both CCJ s in full , everything involved , so they get their CCJ amounts as profit , minus any court fee they paid , so minus £25 times 2 , so they could profit by say £500 or more , with you paying over £700



    None of the above applies if you pay £255 times 2 and go for a full blown contested set aside where you argue all the minutia , all the way !! It's all or nothing then , or some compromise deal somewhere in between

    If you lost both claims and paid £510 in fees ( £255 X 2 ) , plus say the PCN,s plus court fees , your loss could be say less than a grand too , possibly £800. ??

    If you paid a solicitor , this could add hundreds or possibly thousands of pounds and you might still lose , hence why few people engage one

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