Unexpected CCJ

verdomde

I've learned I have a CCJ via my credit score app 

Its from 1.5 years ago and they sent the N1 and possibly other correspondence to the address I was living in 8 months earlier. I was on the electoral roll at my new place, but am unsure as to whether I had updated the DVLA and my V5c (i have since reregistered it to a rhird address here).

Its for £289 and was heard on the 4 days ago.

I have the claimants name and thier lawyers name.

verdomde

THE CLAIMANTS CLAIM IS FOR AN OUTSTANDING PARKING CHARGE ISSUED TO VEHICLE ***** WHENPARKED AT [The retail park] THE SITE IS MANAGED BY THE CLAIMANT. THE DEFENDANT IS THE KEEPER OF OR THE DRIVER NAMED IN ACCORDANCE WITH SCHEDULE 4 OF PROTECTION OF FREEDOM ACT 2012 OF THE VEHICLE. VEHICLES PARKING AT THE SITE ARE SUBJECT TO THE PARKING RESTRICTIONS AND TERMS AND CONDITIONS WHICH ARE SET OUT ON SIGNS AT THE SITE AND FORM PART OF A CONTRACTBETWEEN THE DRIVER OF THE VEHICLE AND THE CLAIMANT.ON 15 12 2020, THE VEHICLE WAS PARKED AT THE SITE IN BREACH OF THE CONTRACT,THE CONTRAVENTION BEING PARKED FOR LONGER THAN THE MAXIMUM PERIOD PERMITTED.. BY ENTERING THIS CONTRACT THE DEFENDANT AGREED THAT THEY WOULD BE LIABLE FOR £100.00 PARKINGCHARGES, PLUS ADDITIONAL CONTRACTUAL CHARGES INCURED BY THE CLAIMANT FOR THE COLLECTION OFTHE DEBT PURSUANT TO THE TERMS AND CONDITIONS.

Coupon-mad

Welcome! Same advice as here:

https://forums.moneysavingexpert.com/discussion/6366475/ccj-discovered-on-credit-report-claim-form-sent-to-old-address/p1

Copy what they have done.

verdomde

Should I still write the 'snotty letter' to the lawyer?

(for those who haven't replied there's a whole other thread (DCBLegal ltd Letter Of Claim) as i thought this matter was linked to another...)

verdomde

I wrote a draft

 

Hello

I have been made aware via my credit score app that I have a CCJ filed against me ***reference***.

 

I have had no prior warning or notification of this, upon calling the CCBC I have discovered that the the N1, and who knows what other correspondence has been sent to an address I lived at 3 years ago.

Clearly no attempt was made to contact me at my current address, nor the address I lived at in-between.

This is negligence and a clear abuse of process, and I expect you to remedy the situation accordingly.

 

This is distressing to me and the potential that this CCJ could stay on record id unacceptable, and I expect you to take responsibility and take immediate action to remedy this. Specifically;


 - You must, at no cost to me, provide a consent order and pay the fee to remove this CCJ.
 - Further, I expect you to provide compensation for distress caused by this wholly unreasonable abuse of my data.

If you refuse or delay I will be forced to proceed with a £275 N244 application and as well as setting this unlawful CCJ aside I'll defend and counterclaim in order to recoup my actual losses as well as compensation for distress.

I'll counterclaim for no less than £600 for distress as a result of this abuse of process, and to cover my full costs due to your unreasonable conduct.

To avoid this I expect you to reply within 14 days, immediately concede your errors and apologise, provide the necessary consent order, make and pay for the court application and settle up by paying me compensation of £200.

I also reserve the right to publicise the matter and will be complaining to the ICO, DVLA and my MP and any settlement agreement reached between us must not contain any covenant or restriction on my ability to publicise this matter in any manner I see fit.

Sincerely

 

***

Coupon-mad

Don't expect them to actually send you a consent order. They won't.  And don't start formal emails with 'hello'.

You need to decide whether to pay it off in full within 30 days of judgment or whether to apply to set it aside.

Read this example of a person who was in your shoes a couple of months ago:

https://forums.moneysavingexpert.com/discussion/6348415/dilemma-pay-ccj-within-30-days-or-set-aside/p1

verdomde

Thanks, It was mostly just a copy of the linked letter, and makingvthe intro formal is a late stage thing for me.

Should i take the consent thing off?

From the other thread you think it may not be worth sending anyway?

My understanding is that unless this letter works theres 3 things that can happen.

1. I dont pay, get the ccj on my report, but recoup costs and get it removed.

2. I pay, no issue on my report, i recoup costs and the payment.

3. I pay or don't and the ccj stands and i lose £600 or get 6 years bad credit (which would cost me more).



If I can get the lawer (qdr) to cancel it with one letter then id be a very happy boy.

At any rate, I think i should request SARs from both, and delay paying until the last minute. Then probably pay...

What do you all think?

verdomde

Oh, i read the other guys case, glad they won, seems a ccj is remoced from your report if you win. They were confident the xomoany had been told of the new address, hence requesting SARs

Coupon-mad

Yep.  But we always see set asides won. This is normal for these cases, not just where the PPC knew of the right address. It is unreasonable that they failed to check.

Also read the thread by @Jack5656 - we do hundreds of these every year.

verdomde

I got the SAR from the UK Parking Control. 

Theres A PCN and a reminder
PCN

The vehicle was recorded on our client’s private property at Greenways Retail Park , IP3 9QF from 15/12/2020

18:04 to 15/12/2020 21:53. The recorded duration of the stay was 3 Hours 49 Minutes which is in excess of

the maximum stay time of 2 Hours 0 Minutes .

Obviously I don't recall that far back, but there's a black and white picture showing the reg, arriving and leaving. The pic is very dark and only shows the front/rear of my car and a timestamp


The charge is £100 and the discount within 14 days is £40


The follow up was this

Despite issuing a Parking Charge and writing to you previously we (UK Parking Control Ltd.) have not received

payment. As 28 days have lapsed, you, the Registered Keeper of the vehicle can be made liable for the

Parking Charge. If full payment is not made within 14 days, or if we are not provided the drivers details then

the charge will be passed on to our debt recovery agency.

Following from this, and if necessary, we will commence County Court Proceedings against you for the

amount outstanding, interest and court costs. If the Court orders Judgment against you, and payment of that

Judgment is not made, this may affect your ability to borrow money or obtain credit in the future. A warrant

may also be issued for the Court’s appointed bailiff to recover the payment. At this point you would also

become liable for the additional fees of the enforcement agency.

By the dates above I had already moved and was on the electoral roll at the new place, for more than 6 months.

They do not say who the debt collectors are they contacted, if they did. But provide this link

As the parking charge notice remains outstanding, data has been shared with our Debt Recovery Agents. Further information about who we may share your data with and all the points you have raised below about how we handle data can be found in UKPC’s Privacy Policy http://ukparkingcontrol.com/Privacy-Policy/ [ukparkingcontrol.com]

More once I have read that

verdomde

It doesn't have any specifics, I've maile the parking firm back to ask who they have given my data to

QDR Solicitors have not yet responded