Countrywide Parking issued PCN's to incorrect adresses, CCJ's incurred

Guido_Sanchez

Good afternoon,

Im sure Im not the first to post about this, and I wont be the last.

Last year, February through to March, Countrywide Parking state that they issued four PCN's to my address for my vehicle parked in a visitors parking spot at my friends address who I care for.
I only actually received one PCN which I appealed and Countrywide dropped the PCN in agreement after I provided evidence of being parked correctly in accordance to their parking signs.

Fast forward to the start of last week and the plot thickens. I am always concious of building my credit score as high as I can, and was shocked to find a CCJ had been added to my credit file. This was the first I had heard that anything had been actioned against my name.
This went through the Civic National Business Centre and was actioned by Moorside Legal Services.
I contacted Moorside Legal Services who snottily told me that they had been provided with a non serviceable address by Countrywide Parking for which they had issued the court papers to for the CCJ. I never received these as they went to an address I moved out of on 30/06/2022. The court hearing went ahead and I incurred the CCJ as a result.
I contacted Countrywide Parking as they were listed as the client and asked them for copies of the PCN's in my name. They stated they wanted the PCN number and registration which I couldnt provide as i had never received anything.
Countrywide then told me to contact both BW Legal Services and TRACE Debt Recovery who were the next port of call for revoering PCN's that hadn't been paid.
BW Legal Services were very helpful and tried every avenue to find if they had anything on file for me, they did not.
I then contacted TRACE Debt Recovery who informed me that they had sent two letters out to me, again to the address supplied by Countrywide that I had moved from on 30/06/2022. They also provided me with the PCN number which I then bounced back to COuntrywide Parking requesting all the evidence of, Countrywide did not reply.
At this point Id like to add that I had changed my adresses on my vehicle logbooks and drivers license when I left this old address. Furthermore, the vehicle I had the PCN's issued against I only purchased in March of 2023.

I have emailed Countrywide extensively asking for evidence inlcluding all additional photo's in relation to any outstanding PCN's in my name for the past week and a half. After hounding them, only this afternoon have they sent me evidence of tthree further PCN's still outstanding, and have told me that they posted everything to my current address. I asked for evidence of this and they sent me copies of UNITY5 certficiates which isn't proof of actual postage to my address, only updates on the computing software that they use in house to process PCN's. They have no recorded delivery proof through Royal Mail that they posted any PCN's to my address. Two of the PCN's were sent to another completely different address that I never actually lived at. The UNITY5 software certficiates that I now have on my emails confirms this as fact. Yet Countrywide still claim in email that they sent all the the PCN's to my current address.
They have told me to speak to the debt recovery agency and refuse to provide me evidence of the PCN I challenged and won my appeal on. They also refuse to tell me which debt recovery agency they passed the three existing PCN's onto.

I have looked into the reviews of BW Legal Services, TRACE Debt Recovery, and the Civic National Business Centre and have seen that hundreds of people have all been victim to CCJ's for PCN's which they never received any correspondance about.
I have also lost hours on hold trying to get through to the Civic National Business Centre to request a set aside for the CCJ so I can action an appeal, but have had the phone hung up on me beefore speaking to any advisor.

I have downloaded the N244 form to send to the courts to request a set aside and a hearing, however I'm not holding much hope with it, especially with a further three PCN's that I have only got knowledge of today now sitting with debt recovery agencies for whom I do not know which one.
I work seven days a week, and am at the point of taking days off work to go physically in person to the courts in Northampton where the Civic National Business Centre is based to try and get some answers, and the court appers that were processed to appply a CCJ to my credit file.

As always, I appreciated peoples help and guidance with a subject like this as I am not well versed in what legally should have taken place through the steps from the initial PCN, through to the courts issuing a CCJ against me.

I have the money to pay the CCJ, but feel that I haven't had any opportunity to defend or appeal at any point in this process.

Where do I stand in all of this? What legal stance do I have to try and get this rectified? Who do I need to speak to and what is the best way to contact them to get a resolution, or at least give me the opportunity to provide the vidence that can dispell the inital PCN's as they were served unjustly and without foundation or in accordance to their parkling signs displayed at the property?

Thank you in advance 

Coupon-mad

Don't try to do ANY of this by phone except the call to the CNBC (you simply tried at the wrong time of day... further info below).

You don't need to go to the CNBC in Northampton in person - utterly pointless - but you do need the claim number that you are applying to set aside the CCJ for. I assume you have that from Moorside or on the credit record?

And ideally you want to see the Particulars of Claim (POC).

You get them emailed by the CNBC and all you need to do is phone them much earlier in the day, to beat the terrible daytime phone queue. Try at 8am and/or 8.30am. Should get through. Ask for the POC to be emailed.

How to do this N244 application is already fully covered in the 'Have you got a CCJ?' Section of the NEWBIES thread. A worked example recently is in the thread by @Truss_me

"The court hearing went ahead" 

No it didn't. There was no hearing. Shockingly, imposing a CCJ is done with zero checks by anyone, allowing Moorside the touch of a button.

But luckily you have a mandatory set aside under CPR 13.2 because Moorside used an old address. This will be agreed. You will probably also get your £313 fee refunded by the Claimant for causing this farce.

Re the other PCNs, send a SAR to Trace (email their DPO).to ask for all data held about you. That'll flush them out. Or go to your old address if possible, and physically get the post.

Finally, if you work too much to manage to do this yourself, pay Contestor Legal to do the set aside and they'll try to get their costs as well. We trust them and they are the only parking case specialist solicitors with the knowledge. 

Guido_Sanchez

Thank you @Coupon-mad for your advice and guidance. It is greatly appreciated.

I have since found out from Countrywide Parking that they have a further three PCN's with debt recovery agencies but will not tell me which debt recovery agencies. I have managed to find one PCN with BW Legal Services, the other two I cannot trace who they are with. Is there a way for me to find out without contacting every debt recovery agency?

Also, I have email evidence of Countrywide claiming that all PCN's had been sent to my current address, yet when they sent me the copies of the three outstanding PCN's, two had apparently been posted to my ex-partners property where I moved from. My ex-partner's address was the listed postal address BW Legal Services provided by Countrywide Parking Management. Countrywide also sent me their 'version' of recorded postage which was Unity5 software records for their computer systems which I have disputed as not evidence that they actually posted the PCN's out.

Countrywide are now ignoring my emails for further evidence, and for the names of debt recovery agencies that the PCN's now reside with. Is this legal?

In total my vehicle had five PCN's put against it, the only one I did receive I challenged as I was quite clearly parked in a visitors spot which I sent photographic evidence back to Countrywide and was successful in my appeal and the PCN was dropped. I have emailed asking for a copy of this PCN from Countrywide and they will not acknowledge or provide me with this.

I have also emailed Contestor Legal and waiting for their response as well in their help in my issue

Coupon-mad

Countrywide are now ignoring my emails for further evidence, and for the names of debt recovery agencies that the PCN's now reside with. Is this legal?

No.

Under the DPA 2018 and GDPR you have a right to know who your data has been shared with. Email Countrywide's DPO email on their privacy page and tell them you will report them to their Trade body and the Information Commissioner if they refuse.

But your priority is the URGENT CCJ set aside application, which should be done promptly (same month you discovered the CCJ). The Courts will look at your promptness when considering your N244 application. So THAT comes first this week.