CCJ discovered on Credit report. Claim Form sent to old address.

Umkomaas

mric2000 said:

Sure thing @Coupon-mad
Is there a specific thread I should be following to keep up-to-date with that?

Not at the moment, we will no doubt put up a new thread once the third (!) consultation is announced. Have you read previous 'Consultation' threads?  Worth doing for background understanding. 

eb23456

mric2000 said:

OK, I believe I now have everything ready to submit.

I have filled out the N244 form, as per Henrik's template.

Hi where do I find this template? Could you maybe send me a link please

Coupon-mad

Probably one of the links in the CCJ set aside section of the NEWBIES thread (I can't recall what's there but it has lots of info). 

mric2000

eb23456 said:

mric2000 said:

OK, I believe I now have everything ready to submit.

I have filled out the N244 form, as per Henrik's template.

Hi where do I find this template? Could you maybe send me a link please

Hi,

As @Coupon-mad suggested, I started in the Newbies section and read through most of the links and sublinks relating to the CCJ options. The links and info that CouponMad included in their first reply to me (in this thread) were also invaluable.
 
The CCJ section is around half way down the Newbies thread.
The link to henriks template is here: https://forums.moneysavingexpert.com/discussion/comment/76473858#Comment_76473858

But I would definitely recommend spending a bit of team going down the rabbit hole to get to grips with the various scenarios and options available. Be prepared for quite a bit of reading, but hopefully it will be very worthwhile.

eb23456

mric2000 said:

eb23456 said:

mric2000 said:

OK, I believe I now have everything ready to submit.

I have filled out the N244 form, as per Henrik's template.

Hi where do I find this template? Could you maybe send me a link please

Hi,

As @Coupon-mad suggested, I started in the Newbies section and read through most of the links and sublinks relating to the CCJ options. The links and info that CouponMad included in their first reply to me (in this thread) were also invaluable.
 
The CCJ section is around half way down the Newbies thread.
The link to henriks template is here: https://forums.moneysavingexpert.com/discussion/comment/76473858#Comment_76473858

But I would definitely recommend spending a bit of team going down the rabbit hole to get to grips with the various scenarios and options available. Be prepared for quite a bit of reading, but hopefully it will be very worthwhile.

Thank you so much! I've spent nearly two weeks trying to get my head round all this and I feel like I'm drowning in legal terminology!! Will keep at it Good luck with your case!

mric2000

Thank you so much! I've spent nearly two weeks trying to get my head round all this and I feel like I'm drowning in legal terminology!! Will keep at it Good luck with your case!

@eb23456
I know the feeling! It is overwhelming, but you will get there.

For me the key checklist of things were the following:

• N244 Form - follow Henriks template advice
  
• Draft Order - Various examples in the numerous threads, including this one
• Witness Statement - again lots of examples available. You can copy the general points but will obviously need to customise the detail to suit your situation.
• Any supporting information to be included as "Exhibits" (e.g. I included PDF copies of emails I had sent and received to/from the claimant confirming my correct address etc)
  

Once you have those, creat your own thread in this forum and post a summary of your case details (dont include any specific information relating to you or your vehicle), along with redacted copies of your DO & WS. Ask the legends in here to check if it stacks up.

When you're happy with all that and ready to go, contact your local court and get the correct email address to send your application to.

Send all of your forms and documents to that email address, with a covering letter/email which confirms your case number as well as the dates you are not available for a hearing in the next few months. Make sure you include your phone number and ask them to contact you to arrange payment.

Then send the form and documents to the parking company's representatives. 

You should get auto replies from the court and the parking company's solicitors, confirming receipt. 
Assuming your court works the same as my local one, they will call you back once they've processed the application, to take the £275 payment. This was on the same day for me. 

Hope that helps and good luck!

eb23456

mric2000 said:

Thank you so much! I've spent nearly two weeks trying to get my head round all this and I feel like I'm drowning in legal terminology!! Will keep at it Good luck with your case!

@eb23456
I know the feeling! It is overwhelming, but you will get there.

For me the key checklist of things were the following:

• N244 Form - follow Henriks template advice
  
• Draft Order - Various examples in the numerous threads, including this one
• Witness Statement - again lots of examples available. You can copy the general points but will obviously need to customise the detail to suit your situation.
• Any supporting information to be included as "Exhibits" (e.g. I included PDF copies of emails I had sent and received to/from the claimant confirming my correct address etc)
  

Once you have those, creat your own thread in this forum and post a summary of your case details (dont include any specific information relating to you or your vehicle), along with redacted copies of your DO & WS. Ask the legends in here to check if it stacks up.

When you're happy with all that and ready to go, contact your local court and get the correct email address to send your application to.

Send all of your forms and documents to that email address, with a covering letter/email which confirms your case number as well as the dates you are not available for a hearing in the next few months. Make sure you include your phone number and ask them to contact you to arrange payment.

Then send the form and documents to the parking company's representatives. 

You should get auto replies from the court and the parking company's solicitors, confirming receipt. 
Assuming your court works the same as my local one, they will call you back once they've processed the application, to take the £275 payment. This was on the same day for me. 

Hope that helps and good luck!

This is ideal!! Thank you!!! Just need to get my draft order sorted then I'm good to go I think. I've made a thread but I'm running out of time to send it in (it's been two weeks today since I found out about it) so really need to get a jiffy on! Thank you again

mric2000

OK, so an interesting update....

I received a letter back from the courts confirming the Set Aside application is approved.
However, the dates for the Claimant to reissue the claim are in the past, as is the date for me to respond - see attachment.

Does this mean the Judge is in effect fed up of these cowboys' approaach and decided to treat the Claimant with their own medicine, by issuing an impossible course of action?

Or am I being over optimistic there and should assume that this is simply a clerical error and the Claimant will apply to get the dates changed to July instead of June?

KeithP

A clerical error. Point it out to the court.

mric2000

OK, so here is the update.

Summary of the situation:

Parking fine issued in March 2018. Was sent to my old address in May 2018, where I lived until Jan 2019.
CCJ issued in June 2022, after they (Gladstones on behalf of Premier Park) falsely served the Claim form to my old address (in April 22), despite having established my new address in March 2022. CCJ was set aside and new dates for case progression were issued.

Gladstones had to resubmit the Claim Form to my new address by 22nd July. I received the original Claim Form (that they forwarded to me) on 11th July.

I have to submit my Defence by 5th August.

My predicament is that I have very limited information about what the claim covers.

What I know:

I submitted a SAR to Premier Park on 27th June. They only replied yesterday (27th July) – 8 days before my Defence is to be submitted.
Had I not submitted that SAR the only info I would have would be the info provided on the Claim Form (i.e location, date, VRN and PCN cost of £100 plus interest of £54.35).

Incidentally, I had sent a SAR and received reply to my new updated address on 9th Jan 2020 – as part of a similar but unrelated case. This goes to show they had my address details correct at that time, but failed to update my records it seems.

From the information I have now gathered (from their SAR reply), I have worked out the following:

My (leased) car was captured on camera at a car park where I used to go regularly to use the gym, use the shops, or work for prolonged periods of time at a Starbucks. I had had tickets previously and the Starbucks manager would simply take them into the back office and get them cancelled out (somehow), as I was a regular customer for them.

Their records show I was at the car park for 3 hours 22 minutes.
I have been back to look at the signs and have seen that it is a 3 hour limit, but this is not mentioned in any of their communications and is not made particularly visible within the car park signs (in my opinion). Their comms only state “Exceeded Maximum Stay Period”.

From the photos I have of the signs, I would argue they are not very easy to identify/read.
There's a sign as you turn in on the left hand side, but it is about 10-20 foot from the turning into the carpark off the main road, and is approximately 5 foot before and you have to turn left to follow the entry flow of the carpark. Its certainly not feasible to stop and read it while you are driving in. I have since taken a photo of it and it simply states that there are parking restrictions and in small print it refers to other signs.

On the reverse of that sign (so impossible to read when you leave the carpark on the otherside of the road!) they have the terms laid out in small print, which is where it states there is a 3 hour stay limit.
There are other signs in the car park, but none that are easily visible from the section of the car park that Starbucks customers tend to use.

I had also used the same carpark and was captured on the camera earlier that day for a period of 1hr 26 mins, according to their records.

It seems that the last correspondence from them was issued on 4th July 2018, based on the SAR info.

I had a similar, unrelated case in the same location with a PCN that was issued on 5th March 2018.
That case was resolved through a successful claim (for them unfortunately) in October 2020.
This begs the question why they have waited another 18 months before processing this Claim?

My Defence:

I'm wondering what the best approach is for this.
Should I go down the line of "poor signage"?
Or should I go more with the poor processes they have followed in addressing this case,which have therefore made it very difficult for me to compile an informed defence, espeically given the 4 year+ window that has surpassed since the alleged offence?

As ever, any advice or suggestions will be very gratefully received.
Thank you