CCJ from PPS- Help

Tomorrow123

Hello,
I have spent the past few days reading through newbies section and threads you have recommended. I am now hoping to get some tailored advise if possible from someone.I will write the details below:


Checked my clear score account on 24-09-21 and found CJJ.

Complete Trust Online Search Report: Found details of the CCJ & that it is registered to old address in Cardiff

Called CCBC the same day and they gave following details:

PCN issued: 26/08/20 (No PCN left on car as I was completely unaware this had happened)

CCJ issued: 07/06/2021


I moved to Cornwall from Cardiff on the 28/07/20. I completely forgot to change my address on my drivers licence & V5, my only excuse being the stresses of lockdown forced us to move (I have a daughter age 2) and changing my drivers licence address was something that slipped my mind. I did however notify Cardiff County Council, Gas and Electric company, Bank etc of my move. I also applied for Universal Credit in September 2020 at my new address in Cornwall. 

From reading the threads so far I believe I have a plan on what I need to do but just wanted to get confirmation.

I have emailed PPS (Premier parking services) and requested any documents they have related to the PCN & CCJ. I'm not sure if they are going to be helpful or not with this request as they have passed my case to BW Legal. I was going to complete a SAR request but as this can take up to a month I don't want this to go against my case because of the time taken? Do you think it's worth sending a SAR anyway?

I really have nothing to go off as far as info about the PCN as there was no PCN left and of course I've received no documents. Im not even sure if its because my ticket ran out or I didn't have a ticket all together?

If PPS is not helpful with sending the documents do you suggest I move straight to set aside with consent (even though I don't have a lot of info about the PCN)? 

Thank you for all the information on the forum, its been really helpful so far. Making a very stressful situation a little more manageable. 




 

Redx

Definitely email a SAR to the DPO at PPS , regardless of anything else

You received no NTK due to your address not being updated on the DVLA database website , which should have been done online , your problem , not theirs , but they should have traced you at your new address before issuing the court claim

They are not allowed to check the DVLA database more than once per incident

They do not have to issue a windscreen PCN , an NTD , or they did but you never got it , for whatever reason , including ghost ticketing etc !

Read the thread by @Olive_j , she didn't know anything at the start , the important issue is starting the set aside process , the PCN and court claim issues only come into it after a successful set aside , like this one

https://forums.moneysavingexpert.com/discussion/6293153/help-with-hearing-bundle-set-aside-default-judgment/p1

1505grandad

"I have emailed PPS (Premier parking services)......."

Can you confirm the correct name of the parking company?

Tomorrow123

Yes apologies it’s premier parking solutions! 

Tomorrow123

Redx said:

Definitely email a SAR to the DPO at PPS , regardless of anything else

You received no NTK due to your address not being updated on the DVLA database website , which should have been done online , your problem , not theirs , but they should have traced you at your new address before issuing the court claim

They are not allowed to check the DVLA database more than once per incident

They do not have to issue a windscreen PCN , an NTD , or they did but you never got it , for whatever reason , including ghost ticketing etc !

Read the thread by @Olive_j , she didn't know anything at the start , the important issue is starting the set aside process , the PCN and court claim issues only come into it after a successful set aside , like this one

https://forums.moneysavingexpert.com/discussion/6293153/help-with-hearing-bundle-set-aside-default-judgment/p1

Thank you very much. Have now sent the SAR. Hopefully they come back in good time and I can use the info provided to build my set aside case! 

Redx

Correct , but don't be idle , get on with it , Tempus Fugit , your time is short , so concentrate on the set aside , meaning that the PCN and court claim details don't matter for the set aside , because you already know that the incorrect address was used and you were there to be found by a trace

To clarify , there are two hearings if a set aside is successful

1) the short set aside hearing at your local civil court , on date xxxxx

2) if 1) is successful , a longer hearing for the PCN plus court claim , on a subsequent but later date xxxx set by the court

If 1) is unsuccessful , 2) doesn't happen

So concentrate on 1) , not 2) , for now

Tomorrow123

Thank you, I'm working on it as quickly and carefully as possible!

I found a user that wrote a successful set aside with consent. ( I've now lost the thread so unsure who it was). I used their request as a template for mine. Just to check, would I email a request to set aside with consent to PPS?

Could you have a read and check I am on the right lines with what I have written so far? If this is not correct could you direct me to a thread where a suitable set aside with consent has been posted?

I also am slightly confused over what I would pay if the set aside were to be accepted. In the template I have based this on it looks like the user has agreed to pay the £100 set aside fee and also £100 to the PPC? Is this correct or shall I amend this?

TIA

I am writing to request for my CCJ issued on the 7th of June 2020 for the amount of £260 to be set aside with consent, settled and withdrawn. On Friday the 24th of September, I logged into my Clear Score account with enabled me to access my full credit report. It was to my shock that I had an alert that I had been issued with a CCJ on the 7th of June 2020. I understand this is a common request you may receive but I would appreciate if you read my circumstances fully and provide your consent on the basis of evidence of CPR Part 12 with a real prospect of defending the claim and the overriding objective under Part 1 alongside Part 12 other good reasons why.

I contacted County Courts Business Centre for more information about this CCJ whereby they provided me details that it was a default judgement against me (the defendant) for a PCN dated 26th of August 2020 from Premier Parking Solutions (yourselves).

The address linked with this PCN was: xxxx, xxxx, Cardiff, CFxxxxx and I moved to xxxxxxxx, Cornwall  on the 28th of July 2020. The decision was made to move back to my family home and rent out the property during lockdown due to a change in my family circumstances. I made steps to notify the necessary services e.g. gas and electric supplier, Cardiff County Council. Unfortunately, in an oversight by myself, I did not notify the DVLA of my change of address. This was a genuine mistake as I have changed my drivers licence address in the past and know this is required. I put this mistake down to the pressure of moving home during the Covid 19 pandemic. I have a young daughter and was under a lot of stress whilst moving across the country. 

I understand that as a result of this oversight the V5 would display the incorrect address and this would explain why I did not receive any PCN paperwork and subsequently was not given a chance to pay. Under civil procedure rules, there could have been reasonable steps to ensure the correct address was used if a defendant does not respond for a sustained period of time before issuing service court claims and meanwhile all my other banking and bills were up to date as I previously mentioned. It is also outlined in the British Parking Rules Code of Practice that ‘32.1b Before serving a Letter Before Claim and prior to the issue of proceedings, Operators must, if no responses have been received to the NTD/NTK/reminder letters, take reasonable endeavours to ensure that the person being written to is the correct party.'

I pride myself in ensuring I have a good credit rating, keeping on top of paperwork and manage and pay bills in a timely manner. Therefore this CCJ is embarrassing and appears out of place with my credit history and personal conduct (CPR – Part 1). I can assure you I would have paid the debt had I known about the PCN in question. 

The CCJ has only recently been issued meaning I have the 6 years ahead of me with this impacting any sort of credit and causing a lot of stress. A PCN was not displayed on the windscreen of my vehicle and furthermore I did not receive any paperwork or claims pack. It was sent to an old address which I had just moved from so I was not given a chance to defend myself or pay the fine which under CPR Section 12 I feel I should be entitled to.

I feel I have good reasons and a reasonable prospect of successfully defending the claim which I understand means that if the court grants my application to set aside I shall be entitled to the application fee of £255 and the costs of preparing it at a rate of £19 per hour from yourselves.

However, in light of wanting to come to a swift agreement to settle the case justly with proportionate costs in a timely manner whereby both parties are on equal footing. On receipt of signed consent I shall file this to the court myself and I am willing to pay the £100 consent fee. I would like the CCJ set aside and following this being processed by the court I am willing to pay an outstanding balance of £100 to yourselves to settle the fine fully and have no further correspondence and orders.
In line with acting promptly I cannot delay to make the set aside application further therefore please respond within the next 5 days if you confirm your consent or refusal. I feel it is in both our best interests to settle the fine justly in this way as it is in proportion to the case and the amount involved.

Yours faithfully,

Redx

A set aside with consent is £100 , typically paid by the defendant , plus any outstanding charges issued by the claimant , typically the CCJ amount. A Claimant will rarely pay anything at all

If they refuse consent , or you are disputing the PCN and Court claim ,  then the contested set aside route for £255 is the only alternative for you , so deciding which you are doing decides the path and cost you take

So until you decide what to do , nobody can help you , Decide on that pathway first

Tomorrow123

That’s my mind made up in that case.
I will go for the set aside with consent knowing that if successful I will pay the CCJ amount plus the £100. Just desperate for the CCJ to be gone!!

I need to make some amendments to the draft I posted previously (grammar etc),but do you think that is suitable to email to the PPC? 

Thank you 

Redx

No idea , I don't get involved with CCj content , but I saw £255 in there , so ensure your facts are correct

Tomorrow123

Okay thank you for your help