Multiple CCJs decided in default - set asides and defences

AngryWatermelon123

Good afternoon everyone!

I was hoping someone would be able to shed some light on the conditions in KADOE that allow a PPC to make a request for data to the DVLA, I have read through the contract however I'm still unclear.

I have a CCJ which was decided in default, after being served on a previous address. My driving licence was updated, however V5C wasn't (I know, big mistake, I wasn't aware the databases were separate & to this day I don't understand why but eh...)

I know that the PPC made a request for details to be able to issue the PCN, that's all fine, however, in the set aside documentation they are claiming they did a second request, to chase the unpaid PCN (not sure when). Is this allowed? Obviously the PPC's solicitors or debt collectors would not be allowed to make a request to the DVLA under KADOE, as they are not defined as customers, so I'm wondering if the PPC can request details for one PCN twice.

Many thanks!

Grizebeck

Driving licence is regarding your ability to drive ..v5 Is about car ownership. No reason to be linked

AngryWatermelon123

Grizebeck said:

Driving licence is regarding your ability to drive ..v5 Is about car ownership. No reason to be linked

Fair point, thanks for the explanation.

My question was more around the number of times they can request details from the DVLA for the same PCN, is it just once, to issue it or is it multiple times, to chase the debt as well? 

Umkomaas

AngryWatermelon123 said:

Grizebeck said:

Driving licence is regarding your ability to drive ..v5 Is about car ownership. No reason to be linked

Fair point, thanks for the explanation.

My question was more around the number of times they can request details from the DVLA for the same PCN, is it just once, to issue it or is it multiple times, to chase the debt as well? 

Just once. I wouldn't concern yourself with the nuances of the KADOE contract at this stage. Decide if you're going to apply for a set aside, see NEWBIES FAQ Announcement, second post.  

Did the parking event occur before or after your house move?

Which parking firm?  Which solicitors we're representing them?

AngryWatermelon123

Umkomaas said:

AngryWatermelon123 said:

Grizebeck said:

Driving licence is regarding your ability to drive ..v5 Is about car ownership. No reason to be linked

Fair point, thanks for the explanation.

My question was more around the number of times they can request details from the DVLA for the same PCN, is it just once, to issue it or is it multiple times, to chase the debt as well? 

Just once. I wouldn't concern yourself with the nuances of the KADOE contract at this stage. Decide if you're going to apply for a set aside, see NEWBIES FAQ Announcement, second post.  

Did the parking event occur before or after your house move?

Which parking firm?  Which solicitors we're representing them?

Thank you so much!

I've already applied and have a set aside hearing date.

I've employed a solicitor who's local and arguably not an expert in parking, hence why I'm trying to become one.

Parking was before I moved house, PPC is NPM represented by Gladstones.

They submitted a bareboned claim with no detail that I didn't know about & it was decided in default. I applied for the set aside and asked for more detail, so they submitted a witness statement that suggests they searched for me. Solicitor was suggesting they searched for me using DVLA, this is why I wanted to check how many times they can use KADOE for 1 PCN. 

Coupon-mad

I think you've misunderstood.

They've said they did a CRA 'SOFT TRACE' to check for a new address.  They have not evidenced it though.  We see this every time and you simply call them out on that at the hearing.  No evidence of doing a trace but if they had, you were 'there to be found'.

They've breached the CoP which requires addresses to be re-checked by a trace.

They have not asked the DVLA twice.

Which PPC?

Not_A_Hope

The Code of Practice that allows PPCs to request keeper data from the DVLA requires them to undertake a soft trace costing about 29p if they have not established contact with the keeper before taking their claim to court. Look up the relevant section in the BPA or IPC COP depending on which your PPC belongs to.

If they did not serve to the correct address it should be a mandatory set aside if you follow what others have done on this forum recently. You shouldn’t need the services of a solicitor who are expensive and normally don’t have a clue about parking law.

AngryWatermelon123

Coupon-mad said:

I think you've misunderstood.

They've said they did a CRA 'SOFT TRACE' to check for a new address.  They have not evidenced it though.  We see this every time and you simply call them out on that at the hearing.  No evidence of doing a trace but if they had, you were 'there to be found'.

They've breached the CoP which requires addresses to be re-checked by a trace.

They have not asked the DVLA twice.

Which PPC?

Thanks very much!

I know about soft traces, I was just getting confused about what my solicitors have said and wanted to double check.

I'm sure they haven't done a soft trace before serving at the wrong address. They admitted doing a soft trace AFTER serving at the wrong address.

It's all a bit of a mess honestly, but I'm about to attempt to untangle it.

Edited to say the PPC is NPM.

AngryWatermelon123

Not_A_Hope said:

The Code of Practice that allows PPCs to request keeper data from the DVLA requires them to undertake a soft trace costing about 29p if they have not established contact with the keeper before taking their claim to court. Look up the relevant section in the BPA or IPC COP depending on which your PPC belongs to.

If they did not serve to the correct address it should be a mandatory set aside if you follow what others have done on this forum recently. You shouldn’t need the services of a solicitor who are expensive and normally don’t have a clue about parking law.

They haven't done a soft trace before serving, I'm pretty sure. It's been a year between my house move and the claim. They have admitted to doing one a little while after serving. Don't know why, as I had already engaged with them and gave them my correct address right after I found out about the CCJ. I've read the IPC CoP but will revisit ahead of the hearing, thank you very much!

I have been reading a lot on this forum, the reason why I decided to get a solicitor is because this issue is for residential parking, multiple claims and letters before claim for a rather inflated cost. It's becoming very intricate, as it concerns both me and my partner and spans over 6 years, while we lived at the address. 

I will probably post a defence here when the time comes, I have read loads of threads and feel like I know a fair bit & would appreciate some feedback.

KeithP

AngryWatermelon123 said:

They haven't done a soft trace before serving, I'm pretty sure. It's been a year between my house move and the claim. They have admitted to doing one a little while after serving. Don't know why, as I had already engaged with them and gave them my correct address right after I found out about the CCJ.

The cynical amongst us might think that they rubbed their hand with glee when the received no response to a Letter of Claim and said to themselves "Oh goody. They don't live there so let's file a Claim at that address".
There are enough people out there who, when receiving a County Court Claim, will pay the inflated amount out of sheer fear of what might follow.
There are also a large number of people who will definitely pay up once a Default Judgment has been issued. Of course at this time the Claimant will have miraculously found the Defendant's correct address and will be threatening all sorts of nasty stuff if they aren't paid.

AngryWatermelon123

KeithP said:

AngryWatermelon123 said:

They haven't done a soft trace before serving, I'm pretty sure. It's been a year between my house move and the claim. They have admitted to doing one a little while after serving. Don't know why, as I had already engaged with them and gave them my correct address right after I found out about the CCJ.

The cynical amongst us might think that they rubbed their hand with glee when the received no response to a Letter of Claim and said to themselves "Oh goody. They don't live there so let's file a Claim at that address".
There are enough people out there who, when receiving a County Court Claim, will pay the inflated amount out of sheer fear of what might follow.
There are also a large number of people who will definitely pay up once a Default Judgment has been issued. Of course at this time the Claimant will have miraculously found the Defendant's correct address and will be threatening all sorts of nasty stuff if they aren't paid.

Luckily, I am not part of any of those people you have described 😀

As far as being cynical goes, one is free to make assumptions and have opinions.

Genuine thanks for the support!