Unexpected CCJ

Castle

verdomde said:

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 .

But what is the date of issue of the PCN?

Coupon-mad

And what address have they been writing to?

And how crap is their photo evidence?

Do you now recall the event? Could you have driven in twice that day, in fact. And the camera has just defaulted as usual to the first and last images? Give this some thought.

And is there a copy of any kind of credit search or soft trace (at any point) to check for an alternative address before the claim was filed? No...didn't think so!

This is why you got the SAR, to see what's what, not to go off on a tangent to ask who they shared data with.

verdomde

I was hoping to find out who the debt collectors are, to see what address they have used. The pcn was22/12/22 and the addresses are all the one from 3 years back

As for the parking lot, am in and out of there a lot, always just to use the shops.

The pics are very dark, not colour, and theres nothing to show where it is, not sure if i can upload them here.. They show the reg well as its retroreflective

verdomde

Is there value in sending a snotty letter to the lawyers, in the hope they will just pay to get the ccj set aside without my having to go through hoops?

Or is applying for set aside myself the only way forward?

Coupon-mad

You can try asking for consent to set aside a CCJ on the basis that the claim was improperly served.  You can also ask the solicitor what steps were taken and when (and evidence) to show that they carried out a soft trace, which appears not to be the case because you were 'there to be found'.  An old DVLA address is not allowed to be used as an address for service without taking reasonable steps to check.  A soft trace costs from 29 pence in bulk so there is no excuse for their client's conduct.

Secondly, the shopping centre is a place that was used frequently and only for half an hour or so at a time.  It is more than likely this alleged breach was no such thing and was what is known and identified in the new DLUHC Code of Practice as a 'double dip' (two visits in one 24 hour period). Their client had no cause whatsoever to use the 'first in/last out' ANPR images from two visits in one day, as an excuse to obtain DVLA data in the first place.

Their client's Data Protection Officer must check for the orphan images from the records from that day, showing the car going in and out then returning.  Once that is established then you expect the CCJ to be set aside at their client's expense.

Give them seven days to respond with a consent order, because time is of the essence to set aside an erroneous CCJ.  State that you will not be settling the CCJ under the circumstances of a double dip (ANPR error) and wrong address, because this is a mandatory set aside situation and their fault, that they/their client must rectify at their expense.

(if this has no joy within 2 weeks you CANNOT hang about and must just press on with a £275 application).

verdomde

"Their client's Data Protection Officer must check for the orphan images from the records from that day, showing the car going in and out then returning.  Once that is established then you expect the CCJ to be set aside at their client's expense."

Does this suggest the ccj will only be set aside if the orphan images are found?

Umkomaas

Failure to send the court claim to the correct address is a mandatory set aside. Finding an orphan image will be an added incentive which might encourage them to provide a consent order and cover its cost. 

verdomde

You guys are all awesome doing all this work on here. Its appreciated

verdomde

From the parking company

Data has been shared with Debt Recovery Plus Limited and DCBL our Debt Recovery Agents

DCBL definitely hold a current address for me from the other issues...

verdomde

I know it's irrelevant but dvla can only give me the info by post, theres a form andnproof of address to send, and a fee