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

Harvez63 · 19 October 2022 at 4:04PM

I've been reading @123MrsT thread for the most part of the afternoon. Striking similarities at the beginning, the surprise of it, followed by the stress and worry.

One thing I picked up on was the judge seemed interested on is if there was a real prospect of defending the original claim. I havent reminded myself of how I got to this stage, I think I done some things that would have probably not advised on here.

However in my head I've just been preparing for the set aside, just based on them not issuing any paper work to me. Do I need to be mindful of the original claim?

The ending was a bit of a surprise/worry to, the need for a solicitor to get involved. I'm worried I should have done this but I trust the advice here. I particularly liked their response to finding a defence from the internet ...

Coupon-mad · 19 October 2022 at 4:23PM

Do I need to be mindful of the original claim?

Yes.

You should consider your defence and have something ready to say if the Judge muses "what's your defence against the claim if I set the CCJ aside?"

Technically, your application is a straightforward mandatory set aside under 13.2 (wrong address, bad service - the fault of the rogue Claimant) AND the claim has not been served within 4 months so it's dead.

Ergo you should not have to defend a dead claim...the Claimant can always file afresh and serve their claim properly so striking the entire claim out as 'dead in the water' doesn't deny a Claimant a remedy. And the mis-service was entirely their fault.

So, you shouldn't have to defend this claim but just in case the Judge isn't with you that the claim is dead, you might be asked about your prospects of defence.

DO NOT SAY YOU'D "JUST PAY IT" ONCE THE CCJ IS WIPED, AND DON'T KNOW WHAT YOUR DEFENCE WOULD BE!

Re your anger about what they've done to you, we share your wrath. It is why we are here even though none of the regulars has had a CCJ like this.

We get it.

The 'PCN Roboclaim' race to court conveyor belt with so-called 'legal firms' cashing in on people's misery, MUST end.

Write to or email your MP now, while you are fired up, and ask him/her to rattle cages at the DLUHC and give them your case as a 'case study' to inform the Impact Assessment the DLUHC are working on.

If he/she is Labour, ask them to raise questions in the House about the stalled Parking Code of Practice 2019 legislation and to keep it in the minds of MPs.

Your case shows how ordinary lives and credit ratings are being ruined by PPCs and what some call their pet Roboclaim 'barely-legal' firms.

You know about the new law, the Impact Assessment and the upcoming Public Consultation? You need to!

FrequentOverstayer · 19 October 2022 at 5:01PM

Coupon-mad said:

Ring up the CCBC and ask:

- which claimant
- which solicitor
- what address did the claim go to
- please can they email over the Particulars of claim.

Then read the CCJ set aside threads by:

@Jack5656
@eb23456
@msx999
@paulr23

and copy what they did, if Premier Park won't pay to reverse this CCJ themselves under the circs.

Urgently email Premier Park the evidence that they were meant to have erased that old address, and tell them THEY must get their solicitors to put in an N244 application to set the CCJ aside by consent at their own £108 cost, or you will (no later than the end of July) pay £275 for a hearing and will apply for a mandatory set aside without consent and will ask the court to dismiss the claim and award all your costs.

If your letter is not successful, follow the advice provided on the Forum post by @jack5656 I did exactly the same and managed to get mine Set Aside.
It works and it was daunting at first but it's a proven process.

Best of luck

Harvez63 · 19 October 2022 at 5:06PM

@Coupon-mad and @Jenni_D thanks for taking the time to reply and stay with me on this.

Before I came to this forum, I replied to appeal the PCN with;

"I've just received your fine notice and I'm shocked you feel a parking fine needed to be issued. I wasn't "parked" or obstructing anyone, if you review your CCTV or what cameras you have you will see I am sat in the car with the car engine running the entire time, you can see from the second picture the driver (me) in the driving seat which is where I was. During this time nobody else came in or out of the parking area, which I'm not in a car parking space blocking anyone"

I've since learned that not physically parking, still constitutes parking. Irrespective of this, there are 10+ signs on entry, one on a wall often sat on with kids outside the shops. I'm wondering how I defend this? Ignoring the facts their invoice to me quickly out weighed the price of going to court.

I'm really hoping the case in Southampton Court with BW legal puts me in good stead from the out go anyway. I'd love to hear back from them with a date soon.

I will stick around the forums after, to offer support to those going through the same thing as I've been forced to deal with, more emotional support then what to do, I dont think I've handle this the best.

When I write to the MP, can I just write in my own words as I'm a bit of a sledge hammer? I will write to them tomorrow.

I spent another 4hrs researching this today, I'd love to get BW legal to pay a true hourly cost for time I'm loosing at work.

Tomorrow I'll look at the new law, the Impact Assessment and the upcoming Public Consultation!

Harvez63 · 19 October 2022 at 5:27PM

FrequentOverstayer said:

Coupon-mad said:

Ring up the CCBC and ask:

- which claimant
- which solicitor
- what address did the claim go to
- please can they email over the Particulars of claim.

Then read the CCJ set aside threads by:

@Jack5656
@eb23456
@msx999
@paulr23

and copy what they did, if Premier Park won't pay to reverse this CCJ themselves under the circs.

Urgently email Premier Park the evidence that they were meant to have erased that old address, and tell them THEY must get their solicitors to put in an N244 application to set the CCJ aside by consent at their own £108 cost, or you will (no later than the end of July) pay £275 for a hearing and will apply for a mandatory set aside without consent and will ask the court to dismiss the claim and award all your costs.

If your letter is not successful, follow the advice provided on the Forum post by @jack5656 I did exactly the same and managed to get mine Set Aside.
It works and it was daunting at first but it's a proven process.

Best of luck

I'll have a look thank you. Just about to start the evening job now but I will tomorrow.

Just a thought, I emailed BW legal, not Premier Park. BWL did respond which I posted earlier in the thread, but should I try emailing premier park too? as the error appears to sit with them or is it too late now I've emailed BW legal?

Also I noticed in my WS I said I emailed the claimant

but it was BWL, which is also an exhibit

Umkomaas · 19 October 2022 at 5:52PM

BWL are Premier's legal representatives and everything should be addressed to them. When 'Claimant' is mentioned, read BWL, not Premier until the court case is done and dusted. Do not get entangled with Premier.

Harvez63 · 19 October 2022 at 6:03PM

Thank you sir

Harvez63 · 20 October 2022 at 8:55AM

Just checked and our local MP is labour. Also, his offices are at the same place of my old business offices!

*scrap that, no he's not. my local one is conservative