Phase 1: CCJ Removed. Phase 2: Claim Discontinued. Phase 3: Costs.

Harvez63

OK I'll take a breather and a step back, but I would really like help on the response so I can send that off ASAP whilst I catch up on those other threads 

Grizebeck

you dont need to do anything "ASAP" why the lightening speed rush?

Harvez63

Grizebeck said:

you dont need to do anything "ASAP" why the lightening speed rush?

Because I dont want the CCJ and with times as tough as they are, if I needed to get a credit card or a loan to get through a hard period, these horrible little people have taken that away from me! I'm the sole earning, self employed and I feel like these cretins have put me at huge risk by removing any back up plan

Coupon-mad said:

Harvez63 said:

OK I'll take a breather and a step back, but I would really like help on the response so I can send that off ASAP whilst I catch up on those other threads 

I already advised you exactly how to word it.

I appreciate you probably get asked it multiple times a day and I can clearly see how respected you are on here. But this is so new to me, and its very intimidating and has been from the get go. I saw your response, but then on one of the threads you told me to read I saw a much more professional looking response so now I dont understand if it just needs to be simple and to the point like your first reply, or more like the one I found from the people you tagged me with.

I dont want to rub anyone up the wrong way. I didn't pay initially because of advice on this forum, I just need the final help to get this matter deal with as its been a horrible thing to go through

Coupon-mad

Choose whichever style suits you better - or mix the best bits of both - and show us your draft. We'll help!

Harvez63

Thank you, its greatly appreciated. I've tweaked it but I think I know what bits you'd probably advise me to remove

Dear Sir/Madam

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

It is filed under an old address I have not resided in since November 2019. This old address is XXXXXXX. I notified Premier Park LTD of the changed address on 04/11/2019h, to which Premier Park LTD responded with acknowledgement of change of address 06/11/2019 with both copies of correspondence held on file. 

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 instructing you for a mandatory set aside (under CPR 13.2) and for Premier Park Ltd to pay the £108 court application fee.  - you have 7 days to confirm. As a self employed business owner, this negligence on your part puts both my personal affairs, and my businesses in danger with the CCJ in place, to which I will be seek legal actions against if this effects either of my businesses, or myself. 

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

It is true however, at hard times this CCJ could really effect both me and businesses with any credit needed thanks to these cowboy parking firms and lack of competence

Coupon-mad

Harvez63 said:

So do I respond to their latest email, which happens to be the acknowledgement of address change with;

Dear Sir/Madam

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

It is filed under an old address I have not resided in since November 2019. This old address is XXXXXXX. I notified Premier Park LTD of the changed address on 04/11/2019h, to which Premier Park LTD responded with acknowledgement of change of address 06/11/2019.

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

I know you've now tweaked it more, but you can't respond to PP in a style clearly written for a solicitor.

Deal with the solicitor only, once CCBC tell you who it is.

Try this - to the solicitors by email - and don't ask them what steps were taken to 'check' the address. The simple fact is, PP had your last known address and knew that the old address was old and should not be used.

And you are not 'instructing' the solicitors as that has a legal meaning you don't intend:

Dear Sirs,

I have discovered that a default CCJ was wrongly sought and obtained against me on XXXXXXXX. The case reference is: XXXXXXXXX and your client is Premier Park Ltd.

Before you dismiss me as yet more collateral damage of your unchecked roboclaim automated approach, and tell me it's my fault that you used a (known to be old) address, read on:

I notified Premier Park Ltd of the changed address on 04/11/2019, to which Premier Park responded with acknowledgement of change of address 06/11/2019.

This evidence is attached. It is abundantly clear that Premier Park failed to erase my old address and seemingly even failed to inform you not to use the old address shown on the NTK, which had been (or certainly should have been) erased from their database in 2019.

Due to their/your wholly negligent conduct and failure to use the 'last known address' this claim was improperly served and I have never seen it.

As you will be aware, this will be a mandatory set aside situation under CPR 13.2.

Remedy: 
I require you/your client to contact the court and pay the fee required to set aside the CCJ that your negligence has caused and/or to file a suitable Consent Order to remove the CCJ forthwith and for the improperly served claim to be dismissed.

This is in accordance with your duty to pay regard to the Overriding Objective and the proposed remedy is reasonable and has value to your client, because the alternative route I will be forced to seek is as follows:

If no acceptable reply is received from you by xx/xx/xxxx, I shall file a N244 set aside application 'without consent' and will seek to claim the £275 fee. Further, I will pursue my additional costs for research, paperwork and court process preparation and having to take a day off work for the court hearing.  Indemnity costs will be based upon the fact of your client's indisputably unreasonable conduct and data abuse.

Take note that the longer this situation persists, the more impact it has on me, and potentially on my business and reputation.  This situation is untenable and I expect immediate action to rectify the position. I work as a xxxxxxx and my hourly rate, should I have to resort to filing the N244, is £xx and I shall seek all my costs and time - and if need be will file a counterclaim during the process - if you fail to properly address this immediately.

I expect a substantive response and swift action to remedy this at no cost to me.

Yours faithfully,

XXXXXXXXXXX

Harvez63

Thank you so much! I'm more a bull in a china shop, your reply reads perfect to me. I'm glad its not all just being submissive to these crooks

Would this be sent to the parking@bwlegal.co.uk address I assume? 

Coupon-mad

If there is such an email address, yes.  I'd copy in this which I know exists:

Complaints@bwlegal.co.uk

BTW you will also have to append something else that shows you are the right data subject, or they might drag their heels.  If you still have the same car, append the V5C to prove your ID (and a screenshot or photo of PP's letter exchange with you about the 2019 address rectification).

Harvez63

Good Morning; I no longer have the car, is there any harm in appending a drivers license or just wait and see if they ask for if first? I plan to get this email sent across this afternoon 

Jenni_D

Don't send any photo ID ... or at least redact your photo and driver licence number. Redacted bank statements and utility bills are sufficient. (i.e. they show your name and address - you redact the financial content of the documents).