Hope LBC issued to right address CCJ issued to old address

dee_slapmannis

I've been through the newbies thread and not sure where this fits in.

I received a LBC  from Gladstone solicitors last year approximately Feb 2021 for a PCN issued by E S Parking Ltd back in 2018. I used this forum to defend the claim and wrote the below email and sent it (or thought i had) to the claimants solicitor. Should be noted the vehicle is a company lease car and i dont believe the lease company passed on the necessary information or informed me.

"To whom it may concern,

Reference: xxxxxxx Vehicle Registration: xxxxxx

I refer to the above referenced Letter Before Claim issued to me by Gladstones Solicitors dated 29th April 2021 on behalf of E S Parking Enforcement Ltd (“ESPEL”). I confirm that as the hirer of this vehicle, I was the keeper for the purpose of the corresponding definition under Schedule 4 of the Protection of Freedoms Act 2012 (“POFA”) and I write to formally challenge the validity of this PCN and therefore dispute the debt.

By  your own admission in your letter before claim this is the first correspondence you have sent to me correctly

You will no doubt be familiar with the strict requirements of Schedule 4 of POFA to be followed in order for a parking operator to be able to invoke keeper liability for a Parking Charge. There are a number of reasons why ESPEL did not comply with POFA; in order that you may understand why, I suggest that you carefully study the details of Paragraphs 13 and 14 of Schedule 4 in particular.

Given that ESPEL has forfeited its right to keeper liability, please confirm that you shall now cancel this charge. Alternatively, should you choose to reject my challenge, please provide me with details of the Independent Appeals Service (POPLA), their contact details and a unique POPLA appeal reference so that I may escalate the matter to POPLA.

Thank you for your cooperation and I look forward to receiving your response within the relevant timescales specified under the British Parking Association Ltd Code of Practice."

I sent the email and heard no response and assumed the matter done. Fast forward to December 2021 and my online banking app offered to provide my credit score which i checked, it was rated poor to my shock as I've always maintained an excellent credit rating.

On further searches i discovered a CCJ has been raised against me in August 2021, however the court judgement was issued at an address i have not lived at for more than eight years. This is really confusing because the LBC was issued to my correct address.

After reviewing cases on this forum I assume my only option is to go down the N224 route and have the case set aside on the grounds that i was not informed of the court proceedings and did not have an opportunity to defend myself.

Before I do this however i have sent a SAR to Gladstones to understand what information/correspondence has been sent.

I am also considering going down the "Consent to set aside route" but not sure how this will play out.

Can anyone advise what is the best to do with this case? I really loathe paying these scammers but I cannot afford to have a CCJ against me.

dee_slapmannis

Also forgot to mention the original response to the LBC never was sent, it was in my drafts folder. Really stupid mistake, must have closed it rather than hit send.

Coupon-mad

Sending a SAR to Gladstones is a good idea in this case.

If the SAR shows they received your email then you must insist their client consents to set aside, provides a Tomlin Order suitable for a case with defective service of a claim, AND pays the £108 court fee for the application.

You have that sent email.  What email address did it go to?

Read Gladstones SRA disciplinary record and mention it to them when you complain.

dee_slapmannis

Coupon-mad said:

Sending a SAR to Gladstones is a good idea in this case.

If the SAR shows they received your email then you must insist their client consents to set aside, provides a Tomlin Order suitable for a case with defective service of a claim, AND pays the £108 court fee for the application.

You have that sent email.  What email address did it go to?

Read Gladstones SRA disciplinary record and mention it to them when you complain.

The email was never sent, that's problem.

So Im basing my set aside argument on the fact they've raised the CCJ against the wrong address.

I've submitted the SAR to try to establish what they've sent where exactly as i didn't keep a copy of the LBC they sent which was sent to my correct address.

I really need to get the CCJ off soon as I am looking to move house this summer but might struggle with the CCJ for mortgage applications. Therefore willing to consent to set aside and pay original fine.

Coupon-mad

Ah OK.  You will NOT get an offer to pay the original charge though (and it's not a fine!).  They will expect almost £300 and will expect you to stump up the £108 fee, with no guarantee that the court will agree to set aside without a hearing.

We saw one refused last year.

I'd go for set aside 'without consent' if they filed a claim to the wrong address, as CPR 13.2 makes set aside mandatory.  Also cheaper as your total outlay is £275 court fee that you would ask to be refunded by the Claimant for their unreasonable conduct in defectively serving the claim with little or no checks on the address for service.

dee_slapmannis

Thanks Coupon. I'll update to let you know how it goes.
Is there any point in waiting for the SAR?

Coupon-mad

Yes but only this month.

You did also ask the PPC for a SAR?

Don't delay further and whilst waiting 2 weeks, do ask Gladstones by email about consent to set aside just to establish what the terms would have been so you look reasonable in your efforts to resolve it at minimum cost.

dee_slapmannis

Coupon-mad said:

Yes but only this month.

You did also ask the PPC for a SAR?

Don't delay further and whilst waiting 2 weeks, do ask Gladstones by email about consent to set aside just to establish what the terms would have been so you look reasonable in your efforts to resolve it at minimum cost.

I've requested the SAR from Gladstone as I wanted details of their attempts to contact me and details of the case they raised the ccj on.

Should I also request details from PPC? 
I really appreciate the advice  Thank you

Coupon-mad

Yes, you need a SAR from the PPC, to see their letters and photos, so you can meaningfully defend the claim later.  

I hear on the grapevine, that Keller Lenkner’s senior associate says that they are intending to launch a further group action against the DVLA, known as DVLA2 under the heading ‘bad processing’.

They are looking for around 100 potential claimants who fall into any of the following categories:

 

1. PCN issued when valid ticket purchased (this probably includes other ;no breaches', like double dips).
2. Court proceedings issued despite PCN being paid/appealed successfully
3. PCN issued by unregulated car parking company
4. PCN issued against previous owner
5. PCN issued where faulty ticket machine meant individual could not purchase a parking ticket
6. PCN issued against incorrect vehicle (ANPR fault – picked up incorrect reg plate)
7. PCN/Court proceedings sent to wrong address