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Help needed with set-aside (UKPC)

Hi all - new poster but long time lurker... 

Like many of you have had (reading through many posts here) - I've received (unknowingly) a CCJ from a PCN I received at my work office car park way back in April 2016.
I moved home in 2019 - and updated all my creditors/banks/Electoral Roll etc.

Having spent the large part of the last 3 days digesting all the information here, I started working on this today. 
I contacted the Northampton CCBC to obtain further details about the CCJ - which have been emailed to me. The CCJ is from some point in Autumn last year, but I only was aware of it last week.

I've emailed UKPC for the SAR - which they promptly emailed over.

I want to go through the set-aside by consent route, and have just amalgamated various bits and bobs from the various posts on the website to create a letter to the Solictors of the UKPC. Can someone with more experience very kindly have a look at the letter posted below to make sure it's ok? (The issue with the name is that there was one letter missing from my name on the log book - I did not own this vehicle for long so never changed it.

Dear Sir/Madam

I am writing in reference to a CCJ obtained against me by yourselves (representing UK Parking Control LTD) on XXXXXXXX. The case reference is: XXXXXXXXX.

It is filed under a misspelling of my name “XXXXXXX” instead of “XXXXXXXX”  (presumably from an incorrect DVLA record), and has used an old address I have not resided in since April 2019. This old address is XXXXXXX. 

All my accounts and records were updated to my new address immediately after moving home. The DVLA were notified at the same time about my change of address. It is abundantly clear that no basic trace was performed in order to serve at my correct address which is contrary to the rule of service CPR 6.9. 

Furthermore the BPA Approved Operator Scheme Code of Practice states:

“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.”

Please can you confirm what steps were taken to ensure details were indeed correct.  

I am seeking consent for a mandatory set aside (under CPR 13.2) and for UKPC Ltd to pay the £108 court application fee. Please can you confirm your consent or refusal - you have 7 days to reply.

If no reply is received by xx/xx/xxxx I shall file a N244 set aside application with the court and will seek to claim the £275 N244 fee and well as additional costs for having to take a day off work for the court hearing.

Yours

XXXXXXXXXXX




«1345

Comments

  • Coupon-mad
    Coupon-mad Posts: 155,729 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 31 January 2022 at 10:44PM
    Sounds good!

    You could add that the claim was not properly served within 4 months of being filed, and as such is dead and cannot be resurrected by any Order of the court.

    Therefore, there is value to UKPC in now swiftly consenting and paying the £108 fee to set this dead claim aside, which will save the cost of attending a hearing and being held liable for the Defendant's costs.  The way would then be clear for UKPC to issue the PCN and letters again, and if not resolved on appeal, a fresh claim would not be so encumbered.

    They won't agree, so you will end up doing the 'without consent' set aside.  But you can then show that communication and you will look reasonable.  Make sure you do the application in February.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • 1505grandad
    1505grandad Posts: 4,000 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    "Furthermore the BPA Approved Operator Scheme Code of Practice states:

    “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.”"

    Para 32 is under the Scotland and Northern Ireland section of the BPA CoP.

    If this relates to England I believe you require para 23 or 24 depending on which version of the BPA CoP is applicable.
  • msx999
    msx999 Posts: 28 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Thanks @Coupon-mad The CCJ Start date is 30th September 2021 - so presumably well over 4 months from being filed (or are these one of the same).

    Thanks @1505grandad - good spot.

  • Umkomaas
    Umkomaas Posts: 43,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It is filed under a misspelling of my name “XXXXXXX” instead of “XXXXXXXX”  (presumably from an incorrect DVLA record), and has used an old address I have not resided in since April 2019. This old address is XXXXXXX. 
    I wouldn't be giving them any 'floating straws' to hang any blame for this on you. I'd make absolutely no reference to any 'misspelling', simply tell them that they have used an old address instead of undertaking up-to-date traces to ensure that their claim was served on the correct address.
    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
  • msx999
    msx999 Posts: 28 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    I will remove the reference - thanks for that @Umkomaas
    I will endeavour to send the completed email tomorrow morning(in case of further comments) and will be sure to update everyone on the next steps. 

    One thing I've learnt from this forum, is one step at a time.....
  • Umkomaas
    Umkomaas Posts: 43,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    One thing I've learnt from this forum, is one step at a time.....
    ........ you can only eat an elephant in bite size chunks!
    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
  • Coupon-mad
    Coupon-mad Posts: 155,729 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 February 2022 at 3:27AM
    @Coupon-mad The CCJ Start date is 30th September 2021 - so presumably well over 4 months from being filed 
    Only just over 4 months...!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • msx999
    msx999 Posts: 28 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    @Coupon-mad The CCJ Start date is 30th September 2021 - so presumably well over 4 months from being filed 
    Only just over 4 months...!
    Understood!

    Thanks all for the advice- sent over the letter to PPC and their solicitors - so now will wait. Will keep everyone updated on outcome and no doubt be back for further advice.  
  • msx999
    msx999 Posts: 28 Forumite
    Tenth Anniversary 10 Posts Name Dropper Combo Breaker
    Ok follow up question.
    Heard nothing from PPC or their solicitors other than an autogenerated email from solicitors stating they 'respond to your correspondence where required within 10 working days'. Shall I wait it out before filing contested set aside? Today is the last day they had to respond to as per my email to them.
  • Coupon-mad
    Coupon-mad Posts: 155,729 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Start reading threads and preparing your contested set aside WS and draft order but allow them the 2 weeks they stated.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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