Smells Dodgy to me! UKPME UK Parking Management & Enforcement Ltd (UKPM/UKPE)

Umkomaas wrote: »

You won't get your £255 set-aside fee back, even if you achieve the set-aside, unless you can persuade the court to order the claimant to do that. What you've paid for is a 'service' from the court, whether or not a set-aside is granted, and the court will duly deliver the 'service'.

But, in any case, a set-aside may not be the correct vehicle for this as no 'judgment' has been made, you 'admitted' the charge and paid it. That's why I'm recommending you go to Legal Beagles for advice.

Sadly no-one from Legal Beagles has responded to my thread. Our only option is to now await a response from the court.

If the Claimant failed to acknowledge the payment or any contact from the defendant and there is no form available after receiving a judgement to raise this correctly, we could not see any other option than to submit a N244. I do not know if we can prove that judgement should not have been made as we don't know for a fact that a postal order receipt is a valid proof of payment. The court did state over the phone that they must receive confirmation from the claimant. We have sent all of this information to the court anyway so we will have to wait and see.

On Justice.gov.uk it does state '13.2 The Court must set aside a judgment entered under part 12 if judgment was wrongly entered because - (c) the whole of the claim was satisfied before judgment was entered' so I submitted the N244 as a desparate resort. At this point, its not about the money we just want to ensure the Judgement is removed and does not affect the defendants credit file so I accept that we will not be able to get the £255.00 returned.

I won't respond any further as I understand no one can offer legal advice, was just looking for opinions on the matter. I shall await for a response from the court and enlist a solicitor if necessary.

Having spent more time on the Gov.uk website I have located form N443 Application for a certificate of satisfaction/cancellation. I have filled in the form and applied for cancellation of the judgment as payment was made before the judgment was made. I have sent this document to the court, along with proof of payment documents via recorded delivery. If it is the case and a signed proof of postage at UKPME'S registered address is proof of payment, the court should agree to this and cancel the judgment and the main issue will be resolved.

If they do cancel the judgement, in this circumstance we have filed for a N244 incorrectly and this was our mistake done in panic mode and we accept that. I am unsure as to whether we can than use the point of 'the claimant has completely failed to engage with us or the court, thus forcing us to make the application to set aside judgment. As they have not followed the correct process, they should cover the court fee's that we incurred when submitting the N244.'

If the court do not accept our proof of payment (receipts showing Postal order sent via recorded delivery and signed for) then the N244 was filled correctly and we can use the points that the claim was satisfied before the judgment, however the claimant failed to notify the court and has failed to engage with us and again ask for the claimant to cover court fee's as the N244 was only filed due to UKPME not following the correct process.

On another note, in regards to the IPC, their DPO responded with a generic template email which did not answer any of my questions and the email stated 'please note, messages sent to this email address will not be responded to'. They clearly state in their Privacy Notices that 'If you have any queries relating to this Privacy Notice our Data Protection Officer (DPO) can be contacted by emailing dpo@theipc.info' but they do not respond to any queries, they only respond with a generic email and state you cannot respond to this, so here's another way how IPC operate unethically.

I haven't had a response from UKPME or their DPO officer. I have raised this with the DVLA, I'm just really hoping that UKPME were not part of any ATA group when they accessed my data from the DVLA database so I can take this matter further.