PCN sent to me for wrong vehicle, CCJ awarded against me - how to appeal it?

Teddy_Novak

Was here before but locked out of old email.

I weas sent a Parking Charge with a photo of a vehicle with a very similar VRN to mine. I did not reply to any correspondence as I assumed naively that at some  a Grown Up would check documentation before proceedings were issued.

Not so.

I replied to a CCJ claim but it was too late and a Judgement has been entered against me.

I'm in the process of applying to have the Judgement set aside on the grounds it wasn't me - any tips / pointers for the online N244? 

I'm filling in the box labelled "the evidence set out in the box below" with brief details as above...

TIA

Teddy

Teddy_Novak

As an aside I've not actually been notified of the CCJ, but it was referenced when my written appeal was returned

Ralph-y

have you checked on a credit rating web site ?

Teddy_Novak

My Experian score  has dropped by 300 points, and as mentioned, the CCJ was mentioned when m written appeal was returned

Half_way

if you can answer these it may help: 

Did you receive court papers at any time?

Did you ignore the court papers as well as the rubbish from the parking company?

for the above you will be looking at getting a set aside, which is covered in the newbies thread, however if you ignored genuine court papers, this will be more difficult - but shouldn't be impossible

Does your vehicle bear any resemblance to the one that received the parking charge notice - such as same type/make/model and colour, or is it completely different? 

Is the registration similar in any way, 

such as the letter D and B, W and M and so on, if you have a play around with it can you find the vehicle on the DVLA vehicle check here : https://vehicleenquiry.service.gov.uk/   ?

 This could show that the parking company has been negligent/lax in performing reasonable checks and possible finding themselves in breach of UKGDPR (data protection) legislation

If you know, where was the site (car park)  that the original vehicle picked up the parking charge notice?

 The landowner in most cases is jointly and severally liable for the actions of its agents, you have nothing to hide in stating where this car park is if you know and who's car park it is.

 The antics of parking companies are well known and landowners should think twice before putting themselves at risk as a result of these companies actions, ultimately the landowner should be held to account over the actions of un regulated parking companies stating where the car park is, and whose car park it is will be useful in getting you help, likewise if you dont know then say so

Do you know the full name of the parking company? some are more stubborn/arrogant/up themselves than others and this ( and all the above) will help with getting this set aside and for you to be put back  in the correct position

Coupon-mad

Teddy_Novak said:

I was sent a Parking Charge with a photo of a vehicle with a very similar VRN to mine. I did not reply to any correspondence as I assumed naively that at some  a Grown Up would check documentation before proceedings were issued.

Not so.

I replied to a CCJ claim but it was too late and a Judgement has been entered against me.

I'm in the process of applying to have the Judgement set aside on the grounds it wasn't me - any tips / pointers for the online N244? 

I'm filling in the box labelled "the evidence set out in the box below" with brief details as above...

You aren't 'appealing' anything!

Get angry and go on the attack.

Read and copy the thread by @StealthLady

Similar case. only difference was she had HCEOs knocking because hers was over £600.

You should not be doing a N244. You should attack the solicitors and claimant and force THEM to do and pay for the application. And to apologise.

Write forcefully. Complain to your MP to lean on them for you. Threaten to report:

- the solicitor to the SRA

and

- the parking firm to the Information Commissioner.

troublemaker22

See your messages

Coupon-mad

Teddy_Novak said:

As an aside I've not actually been notified of the CCJ, but it was referenced when my written appeal was returned

You can trust the above poster to help you.

DO NOT PUT IN A N244 APPLICATION AT FEE COST TO YOURSELF.

Is the solicitor DCB Legal? If not, who?

Teddy_Novak

Half_way said:

if you can answer these it may help: 

Did you receive court papers at any time?

Did you ignore the court papers as well as the rubbish from the parking company?

for the above you will be looking at getting a set aside, which is covered in the newbies thread, however if you ignored genuine court papers, this will be more difficult - but shouldn't be impossible

Does your vehicle bear any resemblance to the one that received the parking charge notice - such as same type/make/model and colour, or is it completely different? 

Is the registration similar in any way, 

such as the letter D and B, W and M and so on, if you have a play around with it can you find the vehicle on the DVLA vehicle check here : htt ?

 This could show that the parking company has been negligent/lax in performing reasonable checks and possible finding themselves in breach of UKGDPR (data protection) legislation

If you know, where was the site (car park)  that the original vehicle picked up the parking charge notice?

 The landowner in most cases is jointly and severally liable for the actions of its agents, you have nothing to hide in stating where this car park is if you know and who's car park it is.

 The antics of parking companies are well known and landowners should think twice before putting themselves at risk as a result of these companies actions, ultimately the landowner should be held to account over the actions of un regulated parking companies stating where the car park is, and whose car park it is will be useful in getting you help, likewise if you dont know then say so

Do you know the full name of the parking company? some are more stubborn/arrogant/up themselves than others and this ( and all the above) will help with getting this set aside and for you to be put back  in the correct position

Thank you for this comprehensive reply...

1. No Court papers received at all, just stuff from parking co and their agents. Only thing I've had from the Court is my rejected Defence.

2. Vehicle is same model, mine is silver, car in photo is black. VRN identical bar one letter, W  vs.  N. 

3. Car park is at 151-177 Hoe Street E17 3AP

4. Parking charge company is C.U.P Enforcement; solicitors involved are dcb Legal

Teddy_Novak

Coupon-mad said:

Teddy_Novak said:

As an aside I've not actually been notified of the CCJ, but it was referenced when my written appeal was returned

You can trust the above poster to help you.

DO NOT PUT IN A N244 APPLICATION AT FEE COST TO YOURSELF.

Is the solicitor DCB Legal? If not, who?

Yes, dcb Legal

Teddy_Novak

troublemaker22 said:

See your messages

Seen replied as detailed - TY