CCJ issued to old address (Knew about PCN)

ArthurB33

Hi All,

I undertook a credit check yesterday to find a CCJ has been issued to me earlier this year, at my previous address a number of months after I moved out. I haven't got a copy of the issued documentation.

I have been provided with the PCN details and unfortunately I can see photo evidence of the PCN on my windscreen and have found a notice to keeper letter, which dates back 4 years. At the time I received a number of PCN's which I negotiated to significantly lower figures, I therefore assumed I had paid all of them off. About a year ago I received a letter from the PPC asking for circa £225 for the PCN payment. I responded through the correct channels immediately as I believed I had settled all PCN's from 4 years earlier. I didn't receive a response from the PPC and chased them up earlier this year.

I've done quite a lot of reading over the past 24 hours on this forum incl the newbies thread and other threads and have today undertaken the following.

1) Contact CCBC (they have provided particulars).
2) Fill out N244 application (using advice on other threads).
3) Email PPC requesting consent to put aside (using advice on other threads).

I now believe my next steps are as follows.

1) Compile draft order, witness statement.
2 Compile all relevant information to back up my application.
3) Start my defence - this is what I'm concerned about as there is evidence I received the windscreen PCN and letter, but unfortunately I thought I had settled all PCN's at the time. 

Any help will be appreciated, thanks.

Coupon-mad

You are on the right track and your reading has been useful - nicely done!  

 Start my defence - this is what I'm concerned about as there is evidence I received the windscreen PCN and letter, but unfortunately I thought I had settled all PCN's at the time.

Awww, I am so sad to hear you were one of those people who used to think you had to pay private PCNs.    You have been ripped off for a huge sum already then if you've paid more than one, in the past.

Which parking firm wrecked your finances like this and what sort of car park?  Don't tell us it was a thug ex-clamper firm camped out at your own flats car park...those firms ruin people's lives and need removing.

Most multiple PCN cases are in residential car parks, issued to residents as a captive audience of victims.

ArthurB33

Hi Coupon-mad, thanks for the response.

Awww, I am so sad to hear you were one of those people who used to think you had to pay private PCNs.    You have been ripped off for a huge sum already then if you've paid more than one, in the past.

Unfortunately I was 4 years younger and more naïve (frustratingly). 

The PPC is VCS, and yes, they appear to have parked outside the residential parking and handed out PCN's at 6am (whilst I was waiting for my permanent permit, anyway that's water under the bridge).

Will my knowledge of the PCN effect the defence? I'm struggling to find any threads to a similar scenario. 

Thanks

Le_Kirk

Your first task is to get the CCJ set aside and generally you don't need a defence for that.  If your reading included some posts by @henrik777 you will see the usual reasons for getting a set-aside and that includes defective service because the PPC did not try to trace you before serving the claim form.  Once the set-aside is gained, you should have a chance to work on your defence and there is a template available and you might already have come across that in your research.
The judge might say something like "the PPC have 14 days to serve new/amended particulars of claim and defendant has a further 14 days to file and serve a defence"

Coupon-mad

You were on a 'new resident' permit list so they knew you were a resident and knew your flat address from the permit application. 

Let me guess: VCS avoided putting PCNs on the windscreen to allow you to appeal, and instead sent postal PCNs to your previous address, mounting up multiple PCNs behind your back, as these IPC firms do at residential car parks?

Any other residential defence thread will show you that this is extremely common and it MUST end.  You have a very solid defence position and should never have paid any PCNs. 

Issues summed up by the erstwhile blogger, the Parking Prankster, here:

http://parking-prankster.blogspot.com/2016/11/residential-parking.html

The NEWBIES thread also shows you not only a template defence but also a link to a residential defence wording, I think.  It always was there and I don't think I removed that one.

Le_Kirk

Coupon-mad said:

The NEWBIES thread also shows you not only a template defence but also a link to a residential defence wording, I think.  It always was there and I don't think I removed that one.

Yep, five links still there including two to Parking Prankster, one by @Johnersh and a couple of others.

ArthurB33

Le_Kirk said:

Your first task is to get the CCJ set aside and generally you don't need a defence for that.

Great, I’ll get that drafted up first and post for some constructive criticism! I’ve noted quite a number of the witness statements have a section 2 which references defence to dismiss the claim, so I wanted to be sure I didn’t need to submit together in the N244 app.

Thanks for your comments.

Le_Kirk

All you have to show is that you have a realistic prospect of defending the original claim.

henrik777

2) Fill out N244 application (using advice on other threads).

How can you fill that out when you don't know the full details and haven't asked the claimant for consent ?


Step 1

Get the claim form from the courts and/or claimant.

Step 2

Work out why you didn't get the claim form and form a timeline.

Parking date. Notice dates. Claim initiated date. CCJ awarded date.  House move dates. Record changed dates it's.

You'll need to investigate and ask the relevant people.

Step 3

Within 3 days of discovery, ask the claimant for consent. Even if they say no, you've given them notice of intent.

7 days to answer chase after 3/4 so they can't claim to have not gotten.

Step 4 

Application.

ArthurB33

How can you fill that out when you don't know the full details and haven't asked the claimant for consent ?

Hi Henrik - I asked the CCBC to provide the full claim but advised they were unable to re-issue, they did however email over the particulars of the claim. I also wrote to the claimant yesterday asking for their consent, pointing out why it would be beneficial for them to consent. I'll follow up on this as per your advice (not expecting a response).

I'm not expecting to hear back to the claimant so i've filled out the information required on the N244 with details provided by the CCBC and began to prepare the witness statement, which I'll issue once the 7 day timeframe which I requested from the claimant has expired.

I'll post a draft and hopefully someone can have a look and advise on any changes!

Appreciate the help from all.

D_P_Dance

Read this and complain to your MP. as no action has been taken

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