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Is it too late?
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Yes.
The easiest thing to do is copy a recent set aside thread which includes a six point DRAFT ORDER, like this one:
https://forums.moneysavingexpert.com/showthread.php?p=74830861#post74830861
and here is a case showing what your OH needs to say, to satisfy the Judge at the set aside hearing:
https://forums.moneysavingexpert.com/showthread.php?p=74864199#post74864199
That person is now moving on to the actual defence in case his PPC proceeds with the claim now.
Your OH also needs the CLAIM NUMBERS of the cases to be set aside. He could also do with all the paperwork relating to it, so is there no post at the old address which will give him those details?
If not, if he knows the Parking firm scammer name he needs to email their Data Protection Officer (see the parking scammer's Privacy page) and ask under a SAR (subject access request) for ALL photos, all letters they reckon were sent, the PCNs, and the court claims and claim numbers and the Particulars of Claim and sums stated on the claim forms.
They have to provide all data held under SAR rules (under the GDPR) and it's free.
However, setting aside a CCJ means acting QUICKLY (one of the things the Judge will want to hear about) so no sending the PPC scammer a SAR then sitting back till after Christmas. The N244 and Draft Order and Witness Statement and court fees - unless he qualifies for help - need to be lodged this month as long as he can get the two Claim Numbers (and the SAR info he also wants from the scammers, can arrive later).
Be under no illusion that the industry operates an 'outrageous scam' (Parliament said so in February). I sincerely hope you are now living somewhere with no parking firm infesting the site at all. NEVER agree to a permit scheme at your own homes.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Presumably the reason for set-aside is because the claimant served court papers at your old address, therefore the claim forms were never received thus he was unable to defend the claims?0
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Yes, don't write ''so we can re-mortgage''.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Yes.
The easiest thing to do is copy a recent set aside thread which includes a six point DRAFT ORDER, like this one:
https://forums.moneysavingexpert.com/showthread.php?p=74830861#post74830861
and here is a case showing what your OH needs to say, to satisfy the Judge at the set aside hearing:
https://forums.moneysavingexpert.com/showthread.php?p=74864199#post74864199
That person is now moving on to the actual defence in case his PPC proceeds with the claim now.
Your OH also needs the CLAIM NUMBERS of the cases to be set aside. He could also do with all the paperwork relating to it, so is there no post at the old address which will give him those details?
If not, if he knows the Parking firm scammer name he needs to email their Data Protection Officer (see the parking scammer's Privacy page) and ask under a SAR (subject access request) for ALL photos, all letters they reckon were sent, the PCNs, and the court claims and claim numbers and the Particulars of Claim and sums stated on the claim forms.
They have to provide all data held under SAR rules (under the GDPR) and it's free.
However, setting aside a CCJ means acting QUICKLY (one of the things the Judge will want to hear about) so no sending the PPC scammer a SAR then sitting back till after Christmas. The N244 and Draft Order and Witness Statement and court fees - unless he qualifies for help - need to be lodged this month as long as he can get the two Claim Numbers (and the SAR info he also wants from the scammers, can arrive later).
Be under no illusion that the industry operates an 'outrageous scam' (Parliament said so in February). I sincerely hope you are now living somewhere with no parking firm infesting the site at all. NEVER agree to a permit scheme at your own homes.
Okay, so I shall drive by my old place tomorrow to find the car parking company name!
I shall get researching from the threads you mentioned, and try to get everything in asap.
Do you think it matters if for the two ccj's they are the same the documents I submit?
Thank you so much!0 -
I won't put so we can remortgage! I will fight this and get it done!! Woman on a mission!
I wouldn't have thought there would be any post now at our previous address as we moved out in January 2017. The ccj's were registered in 21/11/2017 and 19/09/2018.
We did used to have problems with our post as it was put in communal area, each flat had it's own box but we never got some letters.
It is a massive scam where we lived, I am sure I still have pictures of the signage in place at the time, which you would only see if you walked on one side of the road, also others are hidden behind plants. There is also an area which used to be spaces that had been painted over But you can still see the lines and in the dark looks like spaces still. There are no signs saying no parking. Very frustrating. So hopefully I have a good case to defend!
I am a bit confused as to what to write as to why I have a good case after it is set aside (to write in my set aside letter)??0 -
One thing I might have an issue with is my other half hadn't changed his details with the DVLA. Would this break the case??0
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I won't put so we can remortgage! I will fight this and get it done!! Woman on a mission!
I wouldn't have thought there would be any post now at our previous address as we moved out in January 2017. The ccj's were registered in 21/11/2017 and 19/09/2018.
We did used to have problems with our post as it was put in communal area, each flat had it's own box but we never got some letters.
It is a massive scam where we lived, I am sure I still have pictures of the signage in place at the time, which you would only see if you walked on one side of the road, also others are hidden behind plants. There is also an area which used to be spaces that had been painted over But you can still see the lines and in the dark looks like spaces still. There are no signs saying no parking. Very frustrating. So hopefully I have a good case to defend!
I am a bit confused as to what to write as to why I have a good case after it is set aside (to write in my set aside letter)??0 -
sarahsexton wrote: »One thing I might have an issue with is my other half hadn't changed his details with the DVLA. Would this break the case??
Do this now or he might get a real penalty of 2 X £1000. One for the vehicle V5 and one for his driving licence.
As for breaking the case, it won't help but it depends how soon after you/he moved before the PCN/NTK was sent.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
No, that's what causes every set aside case we see! Sort it now so the WS can say it was changed in good faith as soon as the issue came to light, and there was no attempt to avoid any debt because the DVLA had been informed of the new address for driving licence records and the keeper believed that form to the DVLA, also updated the V5C for his car.sarahsexton wrote: »One thing I might have an issue with is my other half hadn't changed his details with the DVLA. Would this break the case??
No, not at all. In fact each WS should also state that it is wholly unreasonable that the claimant appears to have filed two claims for matters of essentially the same facts, and that you ask for ONE hearing to set aside both CCJs and that the Claimant be required to explain why two claims were filed, which not only wastes the court's resources but has cost an extra £255 court fee to set aside two claims, when they should have been heard as one matter all along (ref: Johnson v Gore Wood & Co).Do you think it matters if for the two ccj's they are the same the documents I submit?
Include BOTH claim numbers in your OH's WS where he talks about getting two CCJs, and ask specifically in the DRAFT ORDER for both claims to be merged.
In your case, the Draft Order will be a SEVEN point one!PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Do this now or he might get a real penalty of 2 X £1000. One for the vehicle V5 and one for his driving licence.
As for breaking the case, it won't help but it depends how soon after you/he moved before the PCN/NTK was sent.
I think they were sent a while before we moved. What can I do?0
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